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The Law and American Indian Grave Protection

Ohio 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: Ohio Revised Code
Citation: 149.51
Section Title: State registry of archeological landmarks

Summary:

Directs the Ohio Historical Society to maintain a State Registry of Archeological Landmarks to ensure that the scientific knowledge about prehistoric and historic North American Indian cultures is made available to the public and is not willfully or unnecessarily destroyed or lost. Requires written agreement with the landowner before placing any land on the registry, and allows termination of the agreement by subsequent landowners. Prohibits any person or public entity from excavating or destroying such land, or from removing skeletal remains or artifacts from any land placed on the registry without first notifying the director of the Historical Society. Requires that the society be given access to land placed on the registry prior to commencement of such work in order to observe the methods of excavation and findings of artifacts and to obtain other data of archeological significance. Requires a report to the director in writing upon completion of such work regarding the nature and disposition of any recovered artifacts, skeletal remains or other data of archeological significance. Establishes the desecration of a state archeological landmark as a misdemeanor of the second degree.

Primary Topic: Archeological Activities

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

Code Book: Ohio Revised Code
Citation: 149.53
Section Title: Survey and salvage; discoveries; preservation

Summary:

Directs all state departments, agencies and political subdivisions to cooperate with the Ohio Historical Society and the Ohio Historic Site Preservation Advisory Board in the preservation of archeological and historic sites and in recovery of scientific information from such sites and for such purposes shall, wherever practical, by contract or otherwise provide for archeological and historic survey and salvage work during the planning phases, prior to commencement of work or at other appropriate times. Requires contractors performing work on public improvements to cooperate with archeological and historic survey and salvage efforts and to notify the society or the board about archeological discoveries to allow the director to determine the disposition of artifacts or skeletal remains discovered on state lands.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Permit / Site Investigation Authority

Code Book: Ohio Revised Code
Citation: 149.54
Section Title: Survey and salvage work permit

Summary:

Directs the Ohio Historical Society, in consultation with the Ohio Archeological Council and the Archeological Society of Ohio, to adopt rules prescribing minimum education, training and experience requirements for personnel in charge of or otherwise engaging in archeological survey and salvage work, and prescribing scientific methods for undertaking such activities. Prohibits any person from engaging in archeological survey or salvage work on any land controlled, owned or administered by the state, or on land dedicated as an archeological preserve, or on land registered as a state archeological landmark without first obtaining a permit from the director of the Ohio Historical Society. Exempts any department, agency or political subdivision of the state from the requirements of this section.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Ohio Revised Code
Citation: 149.56
Section Title: Program concerning abandoned property of historical significance in Lake Erie

Summary:

Directs the Ohio Historical Society to establish a program to locate, identify and evaluate abandoned property and other resources in Lake Erie. Enables the society to list any abandoned property it finds to have historical significance in the Ohio archeological or historical inventories, following the criteria of the National Register of Historic Places. Requires the director of the historical society to notify the director of Natural Resources of any abandoned property found to have historical significance.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity

Code Book: Ohio Revised Code
Citation: 1506.30 through 1506.37
Section Title: Submerged lands preserves

Summary:

Enables the director of Natural Resources, with the approval of the director of the Ohio Historical Society, to establish Lake Erie Submerged Lands Preserves. Defines such a preserve as any area of submerged land that contains a single watercraft or aircraft of historical value, two or more watercraft or aircraft constituting abandoned property, or other features of archeological, historical, recreational, ecological, environmental, educational, scenic, scientific or geological value. Requires any person who wishes to recover, alter, salvage or destroy any abandoned property that is located on, in, or in the immediate vicinity of and associated with a submerged watercraft or aircraft in Lake Erie, and which has a fair market value of $100 or more, to obtain a permit to do so from the director of Natural Resources that also has been approved by the director of the Ohio Historical Society. Prohibits the issuance of permits for other than historical or scientific purposes, or for operations that will adversely affect the integrity of the preserve as a whole. Claims ownership of and title to all abandoned property that is submerged in Lake Erie for the state. Requires the director of the historical society to determine the historical or monetary value of all salvaged property before allowing its release, and to retain all such property that is determined to have historical value, or a percentage of all salvaged coin or currency that was intended for distribution as payroll. Requires the permit holder to remit 10% of the value of all abandoned property to the state treasury on release of that property. Establishes the Lake Erie Submerged Lands Preserves Fund to be composed of moneys collected from the release of salvaged property, gifts or any federal grants received by the Department of Natural Resources. Enables the state attorney general to bring civil action in court to enforce compliance with or restrain violation of these sections, to enjoin further removal of abandoned property or archeological material from Lake Erie, or to require restoration of an area affected by any violation of these sections. Creates the Submerged Lands Advisory Committee to make recommendations to the Coastal Resources Advisory Council, the directors of the Department of Natural Resources and the historical society, and the General Assembly.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Permit / Site Investigation Authority

Code Book: Ohio Revised Code
Citation: 1517.21 through 1517.99
Section Title: Caves

Summary:

Declares it to be the policy of the General Assembly to protect the unique and great natural, historical, scientific and cultural resources that occur in caves. Declares it to be a misdemeanor of the third degree for anyone without the express written permission of the owner or lessee of the land from knowingly excavating or removing from a cave any historic or prehistoric ruins, burial grounds or archeological or paleontological sites, including saltpeter workings, relics, inscriptions, fossilized footprints and bones. Declares it to be a misdemeanor of the second degree for anyone without the express written permission of the owner or lessee of the land from purposely destroying, injuring or defacing in a cave any historic or prehistoric ruins, burial grounds or archeological or paleontological sites, including saltpeter workings, relics, inscriptions, fossilized footprints and bones.

Primary Topic: Archeological Activities

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

Code Book: Ohio Revised Code
Citation: 2927.11
Section Title: Desecration

Summary:

(A)(3) Prohibits a person, without privilege to do so, from purposely defacing, damaging, polluting or otherwise physically mistreating any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing, or site of great historical or archeological interest. (B) Declares that whoever violates this section is guilty of desecration, which in the case of subsection (A)(3) is a misdemeanor of the second degree. (C) Defines "cemetery," as used in this section, as any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement



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State Historic Preservation Legislation Database. Search by state and keywords for legislation.
Ohio government, preservation and state archaeological resource links.



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