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The Law and American Indian Grave Protection

South Dakota Laws

When contacted 2001 April as to laws concerning Indian burial grounds, the State Archaeologist, James Haug, referred us to sdsmt.edu/wwwsarc/archlaws.html, which has links to:

SDCL 1-20 (S.D. Codified Laws, Title 1, Chapter 20) entitled "Archaeological Exploration", establishing the position and duties of the state archaeologist.

ARSD 24:52 (Administrative Rules of S.D., Chapter 24, Section 52) which provides regulations for the operation of the S.D. State Historical Society, the Archaeological Research Center's parent agency.

SDCL 34-27 is the state burial law. While it has been superceded to some extent by NAGPRA, it provides procedures by which the discovery and treatment of human remains will be handled.

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: South Dakota Codified Laws
Citation: § 1-20-21 through § 1-20-21.1
Section Title: Statewide survey of archeological sites; agreements involving archeological survey or assessment work

Summary:

(§1-20-21) Directs the state archeologist, on behalf of the state historical society board of trustees to conduct a survey of sites of archeological and anthropological objects and specimens located within the state. Directs the state archeologist to make available the results of such survey to all agencies of the state government and its political subdivisions that, in the opinion of the state archeologist, may conduct activities affecting such archeological or anthropological sites. (§1-20-21.1) Enables the state archeologist to enter into agreements involving archeological survey or assessment work with any state or federal department, agency, institution or political subdivision or with a private contractor. Authorizes the state historical society board of trustees to promulgate rules to establish a fee schedule for recovery of exploratory, laboratory, reporting and administrative costs incurred by the state archeologist in the performance of these duties.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Survey / Inventory of Sites

Code Book: South Dakota Codified Laws
Citation: § 1-20-22 through § 1-20-24
Section Title: Notice to State Historical Society Board of Trustees of projects endangering archeological sites; investigation of endangered sites; initiation of action by board of trustees

Summary:

(§1-20-22) Requires any state department, institution, agency or political subdivision to notify the state historic society board of trustees and to provide the board with appropriate information when that department, institution, agency or political subdivision finds or is made aware by an appropriate historical or archeological authority that its operation in connection with any state, state assisted, state licensed or state contracted project, activity or program adversely affects or may adversely affect scientific, historical or archeological data. Requires state agencies to notify their contractors of the provisions of this chapter. (§1-20-23) Directs the board of trustees, upon such notification by a state department, institution, agency or political subdivision, to conduct or cause to be conducted a survey and other investigations to recover and preserve or otherwise protect such data, including analysis and publication, which in its opinion should be recovered in the public interest. Requires the board of trustees to give reasonable notice to the responsible department, institution, agency or political subdivision before undertaking any survey or investigation. (§1-20-24) Directs the board of trustees to initiate actions within sixty days of notification under §1-20-22 and within such time as agreed upon in other cases. Authorizes the responsible agency to expend agency funds for the purpose of recovering said data, including analysis and publications. Allows such costs to be included as part of the contractor’s costs if the adverse effect is caused by work being done under contract to a state agency.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: South Dakota Codified Laws
Citation: § 1-20-25
Section Title: Reservation of right of field investigation on public lands--property of state

Summary:

Reserves for the state the exclusive right and privilege of field investigation on sites owned or controlled by the state, its agencies, departments, institutions or political subdivisions to protect and preserve archeological and scientific information, matter and objects. Directs that all such information and objects deriving from state lands shall remain the property of the state and be used for scientific or public education purposes.

Primary Topic: Archeological Activities

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

Code Book: South Dakota Codified Laws
Citation: § 1-20-29
Section Title: Policy as to investigations on private land

Summary:

Discourages field investigations on privately owned lands except in accordance with both the provisions and spirit of this chapter. Encourages persons having knowledge of the location of archeological sites to communicate such information to the state archeologist.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Private Funds
    • Private Property

Code Book: South Dakota Codified Laws
Citation: § 1-20-30 through § 1-20-31
Section Title: Designation of archeological register sites

Summary:

(§1-20-30) Authorizes the state historical society board of trustees to designate an archeological site of significance publicly to the scientific study and public representation of the state's historic, prehistoric or aboriginal past as a state archeological register site. Prohibits the board of trustees from designating any site without the express written consent of the state agency having jurisdiction over the land in question or, if it is on privately owned land, of the owner thereof. (§1-20-31) Requires the state archeologist, upon such designation of an archeological site, to give written notice to the owners and occupants of the designated site. Prohibits any person from conducting field investigation activities on a designated site without first securing a permit from the state historical society board of trustees of trustees and complying with the provisions of §1-20-32 through §1-20-34.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: South Dakota Codified Laws
Citation: § 1-20-32 through § 1-20-34
Section Title: Archeological exploration permits

Summary:

(§1-20-32) Authorizes the state historical society board of trustees to issue permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archeological register sites, subject to such rules and regulations as the board of trustees may prescribe. Requires that such permitted activity be undertaken by reputable museums, universities, colleges or other historical, scientific or educational institutions or societies approved by the state archeologist, with a view toward disseminating the knowledge gained through their activities. (§1-20-33) Requires that a summary report, containing relevant maps, documents, drawings and photographs, be submitted to the state archeologist when exploration or field investigations are undertaken pursuant to §1-20-32. (§1-20-34) Declares that all specimens collected under a permit issued pursuant to §1-20-32 shall be the permanent property of the state. Directs the state archeologist to make prior arrangements for the disposition of specimens derived from such activities in an appropriate institution of the state or for the loan of such specimens to qualified institutions in or out of the state.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: South Dakota Codified Laws
Citation: § 1-20-35 through § 1-20-37
Section Title: Misdemeanors--unauthorized archeological investigation; trespass on private land; forgery and misrepresentation of archeological objects; sale of unlawfully collected objects

Summary:

(§1-20-35) Declares that a person shall be guilty of a Class 2 misdemeanor: who shall conduct field investigation activities without a permit granted by the state historical society board of trustees on any land owned or controlled by the state, its agencies, departments and institutions, or within the boundaries of any designated state archeological landmark; or who shall appropriate, deface, destroy or otherwise alter any archeological site or specimen located upon state lands or within the boundaries of a designated state archeological register site, except in the course of activities pursued under the authority of a permit granted by the board of trustees. Requires a person who commits such a violation also to forfeit to the state all specimens, object and materials collected or excavated, together with all photographs and records relating to such material. (§1-20-36) Declares it to be an act of trespass and a Class 2 misdemeanor for a person to remove artifacts and antiquities of the kind described in this chapter from the private land of any owner without the owner’s permission being first obtained. (§1-20-37) Declares that a person shall be guilty of a Class 2 misdemeanor: who shall reproduce, retouch, rework or forge any archeological, paleontological, ethnological or historical object deriving its principal value from its antiquity; or who shall make any object, whether copies or not, or shall falsely label, describe, identify or offer for sale or exchange any object, with intent to represent the same to be an original and genuine archeological, paleontological, ethnological or historical specimen; or who shall offer for sale or exchange any object that has previously been collected or excavated in violation of any of the terms of this chapter.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement

Code Book: South Dakota Codified Laws
Citation: §34-27-22 through §34-27-28
Section Title: Human skeletal remains and funerary objects: prohibitions; notification

Summary:

Declares that a person commits a class 6 felony who knowingly: buys, sells or barters for profit human skeletal remains or associated funerary objects previously buried within the state; displays funerary objects or human skeletal remains previously buried in the state for profit or to aid and abet a commercial enterprise; or disturbs or permits disturbance of human skeletal remains or funerary objects, unless authorized by the state archeologist or unless in the performance of official duty by a law enforcement officer, coroner or other official designated by law. Requires a person who encounters or discovers human skeletal remains in or on the ground to cease any activity immediately that may disturb those remains and to report the presence and location of such remains to an appropriate law enforcement officer. Declares that a person commits a Class 2 misdemeanor who fails to report the presence or discovery of human skeletal remains within forty-eight hours to an appropriate law enforcement officer in the county in which the remains are located. Directs a law enforcement officer, upon notification of the discovery of human skeletal remains pursuant to §34-27-25, to notify the land owner and the coroner promptly. Requires that the state archeologist be notified within fifteen days of the discovery if the remains are not associated with a crime.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: South Dakota Codified Laws
Citation: §34-27-30
Section Title: Human skeletal remains and funerary objects: rules

Summary:

Directs the State Historical Board of Trustees to promulgate rules to establish: the person who may be authorized by the state archeologist to disturb human skeletal remains and funerary objects and the restrictions under which such persons shall operate, and procedures to be followed by the state archeologist in the final disposition of human skeletal remains and funerary objects.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Permit / Site Investigation Authority

Code Book: South Dakota Codified Laws
Citation: §34-27-31 through §34-27-32
Section Title: Discovery of human remains or funerary objects by state educational institution or museum; contact state archeologist

Summary:

Directs a state educational institution or state supported museum that comes into possession of human skeletal remains or associated funerary objects from South Dakota after July 1, 1990, to contact the state archeologist within fifteen days of the find. Requires the state archeologist to identify the remains or objects within one year of notification by the educational institution or museum. Directs the state archeologist to take responsibility for final disposition of any remains or objects that the state archeologist, in consultation with the director of the Office of History, determines are not directly related to a federally recognized Indian tribe. Requires the state archeologist, if he or she determines that such remains or objects have a direct relationship to a tribe, to notify the director and to initiate contact with officials of that tribe as designated by the Office of Indian Affairs. Directs the state archeologist to turn over such remains and objects to the tribe within one year of first contact with the tribe if the tribe requests their return. Directs the state archeologist, in consultation with the director, to be responsible for the final disposition of such remains and objects if, within one year of the first contact with the appropriate tribe, the tribe has not requested the return of the remains or objects. Declares that a refusal by the state archeologist to turn over remains or objects to a tribal group after a request is made by the tribal group for the state archeologist to do so shall be reviewable as final agency action under chapter 1-26. Requires the tribal group to appeal the state archeologist's decision not to turn over such remains within one year.

Primary Topic: Archeological Activities

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



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



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