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The Law and American Indian Grave Protection

Indiana Laws

The Indiana State Archaeologist, Rick Jones, when contacted April 2001 as to laws concerning burials, specifically referred to: IC 14-21-1, IC 14-21-2, IC 14-21-3, IC 23-14, and IC 35-43-1. Links to these laws may be found in the following summaries of burial/archaeological laws yielded through a keyword search for "archaeology" and "burial" on 2001 March 30 at the State Historic Preservation Legislation Database found at the NCSL (National Conference of State Legislatures) web site, that database then updated through 1999. These summaries are reprinted under the Fair Use doctrine of international copyright law which may be found at www4.law.cornell.edu/uscode/17/107.html

http://www.ibsgwatch.org is not responsible for any inaccuracies or timeliness of information.


Code Book: Indiana Statutes
Citation: 14-20- 1- 7 through 14-20- 1-11
Section Title: Division of State Museums and Historic Sites

Summary:

Establishes two sections within the Division of State Museums and Historic Sites in the Department of Natural Resources: the Section of Museums and the Section of Historic Sites. Authorizes the division to do the following: take any action necessary to qualify the state for participation in sources of federal aid to preserve historic property, materials, items, sites and memorials; provide information on historic property, materials, items, sites and memorials within the state to federal, state and local governmental agencies and private individuals and organizations; advise and coordinate the activities of local historical associations, historic district commissions, historic commissions and other interested groups or persons and provide technical assistance to such groups or persons; develop a program of interpretation and publication of the state's historic, architectural and archeological resources; and collect and preserve objects of scientific and cultural value representing past and present flora and fauna, the life and work of man, geological history, natural resources, the manufacturing arts and fine arts. Directs the Section of Museums to collect, preserve and interpret artifacts and materials reflecting the cultural and natural history of the state; prepare and maintain a statewide inventory of these artifacts and materials; and assist other museums within the state in meeting the criteria of museum accreditation. Directs the Section of Historic Sites to do the following: establish standards and criteria for the acquisition of historic properties and for the preservation, restoration, administration and operation of the sites and structures acquired; acquire by purchase, lease or gift appropriate historic sites and historic structures; and operate and administer those historic sites and structures owned or acquired by the state in accordance with this chapter.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts

Code Book: Indiana Statutes
Citation: 14-20- 1-25
Section Title: Violations; penalties

Summary:

Declares that a person who knowingly and without a permit alters historic property within the boundaries of property owned or leased by the state commits a class B misdemeanor.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement

IC 14-21-1 through 28 Historic Preservation and Archaeology


Code Book: Indiana Statutes
Citation: 14-21-1-16
Section Title: Penalty for improper field investigation or alteration of property

Summary:

Declares that a person commits a class A misdemeanor who knowingly, without a permit, conducts a field investigation or alters historic property within the boundaries of property owned or leased by the state.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement

Code Book: Indiana Statutes
Citation: 14-21-1-24 through 14-21-1-31
Section Title: Disturbance of human remains; plan for discovering artifacts

Summary:

Requires a person who disturbs the ground for the purpose of discovering artifacts or burial objects to do so in accordance with a plan approved by the Department of Natural Resources under rules adopted by the Natural Resources Commission. Requires a person who disturbs human remains to notify the Department of Natural Resources within two business days of the disturbance and to treat or rebury the human remains in a manner and place according to rules adopted by the commission or a court order and permit issued by the state Department of Health. Declares that a person commits a class A misdemeanor who knowingly fails to report the discovery of human remains to the Department of Natural Resources. Declares that a person commits a class D felony who intentionally disturbs ground to discover or remove artifacts, burial objects, grave markers or human remains without a plan approved by the Department of Natural Resources or in violation of such a plan. Requires a person who discovers an artifact or burial object while disturbing the ground for another purpose to cease disturbing the ground immediately and to notify the Department of Natural Resources within two business days after the time of the disturbance. Directs the department, within thirty days after receipt of such notification, to authorize the person to continue the ground disturbing activity, with or without condition, or to require that continued ground disturbance activity be conducted only in accordance with an approve d plan. Exempts from such requirements the following: surface coal mining regulated under chapter 14-21; cemeteries and human remains subject to chapter 23-14; disturbing the earth for an agricultural purpose; and collecting any object other than human remains that is visible in whole or in part on the surface of the ground, regardless of the time the object was made or shaped. Directs the department to encourage all groups of amateur archeologists to establish and maintain a code of ethics as a minimum guide for the conduct of searches for evidence from the life and culture of past ages. Directs the commission to adopt rules under this chapter which shall consider the following: the rights and interests of landowners; the sensitivity of human beings for treating human remains with respect and dignity; the value of history and archeology as a guide to human activity; the importance of amateur archeologists in making historical, cultural and archeological discoveries; and any applicable laws, standards and guidelines for the conduct of archeology and codes of ethics for participation in archeology.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Violation / Penalty / Enforcement

IC 14-21-2 Chapter 2. Cemetery Preservation


IC 35-43 Offenses Against Property


IC 14-23-14 Cemetery Associations (etc.)


Code Book: Indiana Statutes
Citation: 35-43-1-3
Section Title: Cave related offenses

Summary:

Declares it to be a class A misdemeanor for a person knowingly and without the express written consent of the cave owner to disfigure, destroy or remove any archeological or paleontological artifact in a cave.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Cave Activity
    • Violation / Penalty / Enforcement

IC 35-43 Offenses Against Property


ai.org/legislative/ic/code/title35/ar43/ch1.html Code Book: Indiana Statutes
Citation: 35-45-11-1, 35-45-11-2
Section Title: Abuse of a corpse

Summary:

(1)(a)(4) Declares that this chapter does not apply to the use of a corpse for historical purposes, among other uses. (2) Declares that a person commits a Class D felony who knowingly or intentionally abuses a corpse or opens a casket with the intent to abuse a corpse.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains



Return to State laws
State Historic Preservation Legislation Database. Search by state and keywords for legislation.
Indiana government, preservation and state archaeological resource links.



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