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The Law and American Indian Grave Protection

Kentucky Laws

Summaries follow 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: Kentucky Revised Statutes
Citation: 164.705 through 164.735
Section Title: Archeology

Summary:

Declares it to be the policy of the commonwealth to preserve archeological sites and objects of antiquity for the public benefit and to limit exploration, excavation and collection of such matters to qualified persons and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archeology and anthropology. Prohibits a person from willfully injuring, destroying or defacing an archeological site or object of antiquity situated on lands owned or leased by the commonwealth or a state agency or a political subdivision of the commonwealth. Requires a person to obtain a permit from the Department of Anthropology at the University of Kentucky before exploring, excavating, appropriating or removing an archeological site or object of antiquity located on such lands, upon recommendation of the agency owning or controlling the land. Directs that permits shall be regularly granted to reputable museums, universities, colleges or other recognized scientific or educational institutions with a view to promoting the knowledge of archeology or anthropology for the public benefit. Requires that permits shall be issued upon such conditions as the department shall deem advisable for maximum effective exploration with a minimum of injury to the surrounding terrain. Directs that each permit shall terminate upon the following December 31, subject to annual renewal on or before the following January 15. Allows the department to revoke a permit at any time upon finding that explorations or excavations authorized by the permit are not being conducted lawfully or properly. Authorizes the department to designate archeological sites and objects of antiquity and cause to be posted signs or markers at the locations thereof. Requires a person who discovers an archeological site or object of antiquity in the course of construction work or otherwise to report such discovery to the department. Enables the department to enter into contracts or cooperative agreements with private landowners relating to the preservation and property exploration of any archeological site or object of antiquity situated on such private land. Authorizes the department to acquire for preservation, with funds available to it for such purposes, an archeological site or object of antiquity.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Kentucky Revised Statutes
Citation: 164.990
Section Title: Penalties: archeology

Summary:

(1) Declares that a person is guilty of a Class D felony who willfully injures, destroys or defaces an archeological site or object of antiquity situated on lands owned or leased by the commonwealth or a state agency or a political subdivision of the commonwealth or who explores, excavates, appropriates or removes an archeological site or object of antiquity located on such lands without a permit obtained from the Department of Anthropology at the University of Kentucky. Requires that the violator shall forfeit to the state all equipment used in committing the offense.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement

Code Book: Kentucky Revised Statutes
Citation: 433.873
Section Title: Wrongful disturbance or damage to cave surfaces or material found therein

Summary:

(1)(e) Prohibits a person, without the express, prior written permission of the owner, from willfully and knowingly excavating, removing, destroying, injuring, defacing or disturbing any burial grounds, historic or prehistoric resources, archeological or paleontological site, including fossils, bones, relics, inscriptions, saltpeter works, remains of historical human activity or any other such features that may be found in any cave, except those caves owned by the commonwealth or designated as commonwealth archeological sites or zones and are subject to the provisions of 164.705 through 164.735.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Cave Activity

Code Book: Kentucky Revised Statutes
Citation: 433.879
Section Title: Excavation permits; requirements; supervision by state archeologist and Kentucky Heritage Council

Summary:

Requires a person to obtain a permit from the state archeologist prior to excavating or removing any archeological, paleontological, prehistoric or historic feature of a cave, in addition to obtaining the written permission of the land owner pursuant to 433.873. Authorizes the state archeologist to issue such a permit if it is in the best interest of the commonwealth and if the applicant is a historic, scientific or educational institution, professional archeologist or qualified amateur. Directs that such permits shall be issued for a period of two years and may be renewed upon expiration. Requires that all field investigations, exploration or recovery operations undertaken under this section shall be carried out under the general supervision of the state archeologist and the Kentucky Heritage Council and in a manner to ensure that the maximum amount of historic, scientific, archeological and educational information may be recovered and preserved in addition to the physical recovery of objects.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Cave Activity
    • Permit / Site Investigation Authority



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