STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1989, amended 1995
Summary: The law applies to artifacts and human remains found on public and private lands. The statute specifically exempts coal mining, agriculture and surface collection. People disturbing the ground for the purpose of discovering artifacts or burial objects may only do so in accordance with an approved Department of Natural Resources (DNR) plan. Anyone disturbing a burial must notify the DNR and within two days treat or rebury the remains according to rules adopted by the Commission. Failure to do so is a Class A misdemeanor. If human remains are disturbed while trying to recover artifacts without an approved plan, it is a Class D felony. If human remains are encountered during ground disturbing activities other than those exempted, the activities must stop and the DNR must be notified within two days. After notification, the DNR may either authorize the project to continue or require that the activity be conducted with an approved plan. There are no provisions for scientific study of the human remains prior to reinterment. There are also no provisions that associated artifacts must be reburied or any provision for consultation with Native American groups.
Online State Law Source: http://www.in.gov/legislative/ic/code/
Permitting: The Division of Historic Preservation will issue permits under an approved plan.
Penalties: Class A misdemeanor for failure to notify; Class D felony for disturbing without a permit - minimum sentence eighteen months, maximum sentence of three years, fines up to $10,000.
Review/Consultation Committee: No review committee is established.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Historic Preservation and Archaeology (Indiana Code Ann. §14-21); Sentences for Misdemeanors (Indiana Code Ann. §35-50-3-2); Sentences for Felonies (Indiana Code Ann. §35-50-2-7).
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