Indian Burial and Sacred Grounds Watch

indexmission
siteslearnactionlinkscontact

Subjects

Federal laws

State laws

Some preserved sites.

Some history and culture

Controversies Concerning Archaeology

American Indian Voices

News Archive Index

Return to main Learn page


Please inform the webmaster of any broken links!

The Law and American Indian Grave Protection

Vermont Laws

Vermont Statutes Online: Chapter 014 : Historic Preservation

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: Vermont Statutes
Citation: Title 13 3761
Section Title: Unauthorized removal of human remains

Summary:

Declares that a person who, not being authorized by law, intentionally excavates, disinters, removes or carries away a human body, or the remains thereof, interred or entombed in the state, or intentionally excavates, disinters, removes or carries away an object interred or entombed with a human body in the state, or knowingly aids in such excavation, disinterment, removal or carrying away, or is accessory thereto, shall be imprisoned not more than fifteen years or fined not more than $10,000.

Primary Topic: Archeological Activities

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

Code Book: Vermont Statutes
Citation: Title 22 762
Section Title: Protection of archeological information: field investigation

Summary:

Reserves for the state the exclusive right of field investigation on sites owned or controlled by the state in order to protect and preserve archeological and scientific information, matter and objects. Directs that all information and objects deriving from state lands shall remain the property of the state and be used for scientific or public educational purposes.

Primary Topic: Archeological Activities

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

Code Book: Vermont Statutes
Citation: Title 22 764
Section Title: Protection of archeological information: permits for exploration

Summary:

Authorizes the director of the Division for Historic Preservation, with the advice of the state archeologist, to issue permits for exploration and field investigation to be undertaken on state lands or within the boundaries of designated state archeological landmarks. Allows such permits to be issued to an amateur or professional whom the director deems qualified to conduct the activity, subject to such rules and regulations as the division may prescribe, with a view toward disseminating the knowledge gained through their activities. Requires that a summary report of the undertakings, containing relevant maps, documents, drawings and photographs be submitted to the division and that all specimens collected under permit 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 loan of the specimens to qualified institutions in or out of the state.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Vermont Statutes
Citation: Title 22 781 through 791
Section Title: Underwater historic properties: rules and regulations; permits; penalties

Summary:

(781) Directs the Division for Historic Preservation to prescribe rules and regulations as are necessary to preserve, protect and recover underwater historic properties. (782) Requires any qualified person desiring to conduct any exploration or recovery operations in which underwater historic property may be removed, displaced or destroyed, first to apply to the director of the division for a permit. Authorizes the director, with the advice of the state archeologist, to grant the applicant a permit for such a period as is determined to be in the best interest of the state. Allows the permit to provide for fair compensation, as determined by the state archeologist, to the permittee in terms of a percentage of the reasonable cash value of objects recovered. Retains title for the state to all objects recovered unless or until such objects are released by the state archeologist. Requires that all exploration and recovery operations undertaken under such a permit shall be carried out under the general supervision of the state archeologist in such a manner that the maximum amount of historic, scientific, archeological and educational information may be recovered and preserved in addition to the physical recovery of items. Allows permits to be renewed prior to expiration. Requires permit holders to be responsible for obtaining permission of any federal agencies having jurisdiction prior to conducting any recovery operations. (791) Declares that a person who conducts field investigations on or under any land owned or controlled by the state or within the boundaries of a designated state archeological landmark, without first obtaining a permit from the director, or a person who appropriates, defaces, destroys or otherwise alters any archeological site or specimen located on state land or within the boundaries of a state archeological landmark, without first obtaining a permit from the director, shall be fined not more than $1,000 or imprisoned for not more than six months, or both, and shall forfeit to the state all specimens, objects and materials collected or excavated, together with all photographs and records relating to that material.

Primary Topic: Archeological Activities

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

Code Book: Vermont Statutes
Citation: Title 23 3311, 3317
Section Title: Operation of vessels in underwater historic preserve area: prohibited acts; penalties

Summary:

(3311)(d) Prohibits a vessel from being operated in an underwater historic preserve area, defined as historic and archeological sites located on the bottomlands of the waters of the state and are designated as public recreational areas. Authorizes the Division for Historic Preservation to designate underwater historic preserve areas, which shall be identified by a floating special purpose yellow buoy marked "State of Vermont Underwater Historic Preserve. Directs that the following requirements shall govern the operation of vessels at the preserves: a vessel may secure to a yellow buoy only when diving at the preserve; only vessels thirty-five feet in length or less, and only those engaged in diving, may secure to a buoy; a divers-down flag shall be displayed whenever a vessel is secured to a buoy; on sites with multiple buoys, one vessel may be secured to each buoy; when a vessel is secured to the buoy, all other vessels shall remain at least 200 feet from the buoy; and anchoring is not permitted within 200 feet of the buoy. (3317)(a) Declares that a person who violates 3311(d) shall be subject to a fine of not more than $50 for each violation.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity



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



home : mission : updates : sites : learn : action : links : contact


Best viewed at screen resolutions 1024 x 768 and 800 x 600
Copyright Information
For site problems contact the webmaster