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The Law and American Indian Grave Protection

Michigan 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: Michigan Compiled Laws
Citation: 324.76102
Section Title: Aboriginal records and antiquities: exclusive right in state

Summary:

Reserves for the state the exclusive right and privilege of exploring, surveying, excavating and regulating through its authorized officers, agents and employees, all aboriginal records and other antiquities, including mounds, earthworks, forts, burial and village sites, mines or other relics, and abandoned property of historical or recreational value found upon or within any of the lands owned by or under control of the state. Reserves for the state a possessory right to that of a finder to abandoned property of historical or recreational value found on the state owned bottomlands of the Great Lakes. Directs that such property shall belong to the state with administration and protection jointly vested in the Department of Natural Resources and the secretary of state.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Disposition of Human Remains
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 324.76104
Section Title: Aboriginal records and antiquities: state property rights

Summary:

Requires a deed given by the state to contain a clause reserving for the state a property right in aboriginal antiquities including mounds, earthworks, forts, burial and village sites, mines or other relics and also reserving the right to explore and excavate for the aboriginal antiquity by and through the state's authorized agent and employee. Directs that this section applies only to the sale of tax reverted land. Authorizes the Department of Natural Resources, with the approval of the Secretary of State, to waive this reservation.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Michigan Compiled Laws
Citation: 324.76105
Section Title: Aboriginal records and antiquities: permits for exploration or excavation

Summary:

Prohibits a person from exploring or excavating aboriginal remains on lands owned by the state, except under a permit issued by the Department of Natural Resources with written approval of the secretary of state. Directs that such a permit shall be issued without charge. Exempts from the requirements of this section the Mackinac Island State Park Commission on lands owned or controlled by the commission.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Michigan Compiled Laws
Citation: 324.76106
Section Title: Aboriginal records and antiquities: consent of land owner to removal

Summary:

Directs that a person, without the consent of the land owner, shall not remove any relics or records of antiquity such as human or other bones, shells, stone, bone or copper implements, pottery or shards of pottery or similar artifacts and objects from the premises where they have been discovered.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Private Funds
    • Private Property

Code Book: Michigan Compiled Laws
Citation: 324.76107
Section Title: Aboriginal records and antiquities: permits; recovery of abandoned property within Great Lakes bottomlands; human remains; violations; fines

Summary:

(1) Prohibits a person from recovering, altering or destroying abandoned property that is in, on, under or over the bottomlands of the Great Lakes, including those within a Great Lakes bottomlands preserve, unless the person has a permit issued jointly by the secretary of state and the Department of Natural Resources pursuant to 324.76106, except as provided in 324.76108. (2) Requires a person who recovers abandoned property without such a permit when a permit is required to transmit the property to the secretary of state to become the property of the secretary of state. (3) Prohibits a person from removing, conveying, mutilating or defacing a human body or the remains of a human body located on the bottomlands of the Great Lakes. (4) Declares that a person who violates subsection (1) by recovering or destroying abandoned property with a fair market value of $100 or more is guilty of a felony, punishable by imprisonment for not more than two years, or by a fine of not more than $5,000, or both.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity
    • Violation / Penalty / Enforcement

Code Book: Michigan Compiled Laws
Citation: 324.76108
Section Title: Aboriginal records and antiquities: permits; recovery of abandoned property outside Great Lakes bottomlands preserves

Summary:

Allows a person to recover abandoned property outside a Great Lakes bottomlands preserve without a permit if the abandoned property is not attached to, located on or located in the immediate vicinity of and associated with a sunken aircraft or watercraft and it the abandoned property is recoverable by hand without mechanical or other assistance. Requires a person who recovers such property valued at more than $10 without a permit to file a written report with the Department of Natural Resources or the secretary of state within thirty days after removal of the property if such property has been abandoned for more than thirty years. Requires the person to make the recovered property available to the department and the secretary of state for inspection at a location in the state for ninety days after the report is filed. Authorizes the secretary of state to release such property to the person if the secretary determines that the property does not have historical value.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 324.76109
Section Title: Aboriginal records and antiquities: permits; recovery of abandoned property on or in sunken aircraft or watercraft

Summary:

Authorizes a person to recover abandoned property located on, in or in the immediate vicinity of and associated with a sunken aircraft or watercraft if that person has applied for and obtained a permit issued by the Department of Natural Resources under this section. Requires a person to submit an application for such a permit to the department and directs the department or the secretary of state to approve or disapprove the application within thirty days after a complete application is filed. Requires an application to include, among other information: the location, depth, name and a current photograph of the abandoned watercraft or aircraft; a description of the items to be recovered; the method to be used in recovery; and the proposed disposition of the recovered property. Authorizes the department or the secretary to impose conditions upon the approval of an application for a permit to accomplish the following: protect and preserve the abandoned property to be recovered, and the recreational value of the area in which recovery is being accomplished; assure reasonable public access to the abandoned property after recovery; assure that the recovery is in conformity with rules applying to Great Lakes bottomlands preserves; prohibit injury, harm and damage to a bottomlands site or abandoned property not authorized for removal during and after salvage operations by the permit holder; prohibit or limit the amount of discharge of possible pollutants or debris which may emanate from the shipwreck, plane wreck or salvage equipment; and require the permit holder to submit a specific removal plan prior to commencing any salvaging activities. Authorizes the department to deny an application for a permit if the abandoned property to be recovered has substantial recreational value in itself or in conjunction with other abandoned property in its vicinity, or the recovery of abandoned property would not comply with rules applying to a Great Lakes bottomlands preserve. Authorizes the secretary of state to deny an application for a permit if the abandoned property to be recovered has substantial historical value in itself or in conjunction with other abandoned property in its vicinity, or to impose a condition to the approval of the application requiring the applicant to turn over recovered property to the secretary for the purpose of preserving the property or permitting public display of the property. Authorizes the secretary to provide for payment of salvage costs in connection with the recovery of the abandoned property. Entitles a person who discovers an abandoned watercraft that is located outside of a Great Lakes bottomlands preserve to recover cargo situated on, in or associated with the watercraft, if the person applies for a permit pursuant to this section within ninety days after discovering the watercraft. Allows a person aggrieved by a condition contained on a permit or by the denial of an application for a permit to request an administrative review of the condition or the denial by the department or the secretary of state, whichever disapproves the application or imposes the condition. Directs that a permit issued under this section shall be valid until December 31 of the year in which the application was filed and is not renewable. Allows a new permit to be issued, upon request, if an item designated in a permit is not recovered, if the permit holder demonstrates that diligence in attempting recovery was exercised under the previously issued permit.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 324.76110
Section Title: Aboriginal records and antiquities: reports; recovery of abandoned property; examination; removal from state

Summary:

Requires a person with a permit issued pursuant to 324.76109 to file a report with the Department of Natural Resources within ten days after the recovery of abandoned property. Requires the person recovering the abandoned property to give authorized representatives of the department and the secretary of state an opportunity to examine the abandoned property for ninety days after the recovery. Prohibits the removal of abandoned property from the state without written approval of the department and the secretary of state. Authorizes the attorney general, upon request of the department or the secretary of state, to bring action for the recovery of any property that is removed from the state. Authorizes the secretary of state to release to the person holding the permit any abandoned property that does not have historical value.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 324.76111 through 324.76112
Section Title: Aboriginal records and antiquities: Great Lakes bottomlands preserves

Summary:

Authorizes the Department of Natural Resources to establish Great Lakes bottomlands preserves by rule, or by emergency rule if the department determines such action to be necessary to provide immediate protection of an object or area of historical or recreational value. Directs that such a preserve may be established whenever a bottomlands area includes: a single watercraft of significant historical value; two or more abandoned watercraft; or other features of archeological, historical, recreational, geological or environmental significance. Allows bottomlands areas containing few or no watercraft or other features directly related to the character of a preserve to be excluded from preserves. Directs the department to consider the following when establishing a Great Lakes bottomlands preserve: whether creating the preserve is necessary to protect either abandoned property possessing historical or recreational value, or significant underwater geological or environmental features; the extent of local public and private support for the creation of the preserve; whether a preserve development plan has been prepared by a state or local agency; and the extent to which preserve support facilities such as roads, marinas, charter services, hotels, medical hyperbaric facilities and rescue agencies have been developed in or planned for the area. Directs the department and the secretary of state not to grant a permit to recover abandoned artifacts within a Great Lakes bottomlands preserve except for historical or scientific purposes or when the recovery will not adversely affect the historical, cultural or recreational integrity of the preserve area as a whole. Limits an individual preserve to not more than 400 square miles. Limits the total area of all Great Lakes bottomlands preserves to not more than 10% of the Great Lakes bottomlands in the state. Allows not more than one vessel associated with Great Lakes maritime history to be sunk intentionally, with the permission of the Underwater Salvage and Preserve Committee, within a Great Lakes bottomlands preserve and prohibits state money from being used to purchase, transport or sink the vessel. Authorizes the Department of Natural Resources and the secretary of state, jointly or separately, to promulgate rules as necessary to implement this part, including rules that govern access to and use of a Great Lakes bottomlands preserve to regulate or prohibit the alteration, destruction or removal of abandoned property, features or formations within a preserve.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 324.76113
Section Title: Aboriginal records and antiquities: recovery of abandoned property; rights not limited

Summary:

Declares that 324.76107 through 324.76110 shall not be considered to impose the following limitations: the right of a person to engage in diving for recreational purposes in and upon the Great Lakes or the bottomlands of the Great Lakes; the right of the Department of Natural Resources or the secretary of state to recover or to contract for the recovery of abandoned property in and upon the bottomlands of the Great Lakes; or the right of a person too own either abandoned property recovered before July 2, 1980, or abandoned property released to a person after inspection.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 324.76114
Section Title: Aboriginal records and antiquities: suspension or revocation of permit; hearing; civil action

Summary:

Authorizes the Department of Natural Resources or the secretary of state, individually or jointly, to suspend or revoke a permit issued pursuant to 324.76105 through 324.76109 if the permit holder is not in compliance with this part, a rule promulgated under this part or a provision or condition in the permit, or has damaged abandoned property or has failed to use diligence in attempting to recover property for which the permit was issued. Directs the Underwater Salvage and Preserve Committee or the secretary of state to conduct an administrative hearing regarding the suspension or revocation if requested to do so by the permit holder within fifteen days of the action. Authorizes the attorney general, on behalf of the Department of Natural Resources or the secretary of state, individually or jointly, to commence a civil action to enforce compliance with this part, to restrain a violation of this part or any action contrary to a decision denying a permit, to enjoin the further removal of artifacts, geological material or abandoned property or to order the restoration of an affected area to its prior condition.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity
    • Violation / Penalty / Enforcement

Code Book: Michigan Compiled Laws
Citation: 324.76115
Section Title: Aboriginal records and antiquities: scuba diving; acceptance of dangers

Summary:

Declares that each person who scuba dives on the Great Lakes bottomlands shall accept the obvious and necessary dangers that adhere to that sport, including: injuries that result from entanglements in sunken watercraft or aircraft; the condition of sunken watercraft or aircraft; the failure of the state to fund staff or programs at bottomlands preserves; and the depth of the objects and bottomlands within preserves.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 324.76116 through 324.76117
Section Title: Aboriginal records and antiquities: penalty; violations; confiscation of property

Summary:

Declares that a person who violates 324.76105 or 324.76106 is guilty of a misdemeanor, punishable by imprisonment for not more than thirty days, or a fine of not more than $100, or both. Declares that a person who violates 324.76107 or 324.76111 or a rule promulgated under this part is guilty of a misdemeanor, punishable by imprisonment for not more than six months, or a fine of not more than $500, or both. Authorizes the court to order confiscation of watercraft, mechanical or other assistance, scuba gear, sonar equipment, a motor vehicle or any other equipment or apparatus used during the course of a violation of this part, the proceeds of which shall be deposited by the Department of Natural Resources to the credit of the Underwater Preserve Fund created pursuant to 324.76118.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity
    • Violation / Penalty / Enforcement

Code Book: Michigan Compiled Laws
Citation: 324.76118
Section Title: Aboriginal records and antiquities: Underwater Preserve Fund

Summary:

Creates the Underwater Preserve Fund as a separate fund in the state treasury, to receive revenue as provided in this part or from any other source. Directs that money in the fund shall be appropriated only for the following purposes: to the secretary of state for the development of maritime archeology in the state; to the Department of Commerce for the promotion of Great Lakes bottomlands preserves; or to the Department of Natural Resources for the enforcement of this part.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity

Code Book: Michigan Compiled Laws
Citation: 750.160
Section Title: Dead human bodies: disinterment, mutilation, defacement or carrying away of human body; exception

Summary:

Declares that a person is guilty of a felony who, not being lawfully authorized to do so, shall willfully dig up, disinter, remove or convey away a human body, or the remains thereof, from the place where the body may be interred or deposited, or shall knowingly aid in such disinterment, removal or conveying away, or who shall mutilate, deface, remove or carry away a portion of the dead body of a person, whether in his charge for burial or otherwise, when the mutilation, defacement, removal or carrying away is not necessary in any proper embalming operation or postmortem examination. Directs that a person committing such violations or accessory thereto, either before or after the fact, shall be punished by imprisonment for not more than ten years, or by fine of not more than $5,000. Declares that this section shall not be construed to prohibit the digging up, disinterment, removal or carrying away for scientific purposes of the remains of prehistoric persons by representatives of established scientific institutions or societies, having the consent in writing of the owner of the land from which the remains may be disinterred, removed or carried away.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement
Code Book: Michigan Compiled Laws
Citation: 750.160a
Section Title: Photograph of decedent located in human grave prohibited; exceptions; definitions

Summary:

(1) Declares that a person shall not knowingly photograph or publicly display a photograph of all or a portion of a decedent located in a human grave. (2) Exempts from the provisions of subsection (1) a person acting pursuant to a court order, a person who has obtained the written consent of the decedent's next of kin if the decedent's death occurred less than 100 years before the photographing or public displaying, or to a person who photographs or publicly displays a photograph described in subsection (1) for law enforcement, medical, archeological or scientific purposes. (3)(c) Defines "human grave," as used in this section, as any of the following: (i) a site in the state intended for the permanent interment of all or a portion of a decedent; or (ii) a location in this state, including the bottomlands of the Great Lakes, that contains all or a portion of a decedent who died in an accident or disaster and from which it is impracticable or not intended to remove all or a portion of the decedent, including a shipwreck and a site in the immediate vicinity of a shipwreck in which all or a portion of a decedent is located, and a mine or other underground location within which all or a portion of a decedent is located.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Underwater Archeological Activity




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