STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1962
Summary: Kentucky uses its general public policy to preserve archaeological sites and objects of antiquity of public benefit and limits exploration, excavation, and collection of artifacts to qualified persons and educational institutions. The law does not specifically mention Native American burials, while it does deal with historic and Civil War burials. It defines an archaeological site as any place where articles of value scientific study of history or prehistoric human life and activities may be found such as mounds, earthwork, forts, burial grounds, caves or camp sites of Indian or any aboriginal group. The Kentucky Heritage Council has jurisdiction for protecting and managing sites and inadvertent discovery of sites must be reported to the Council.
Online State Law Source: http://www.lrc.ky.gov/legislation.htm
Permitting: Excavation permit are issued through the Kentucky Heritage Council.
Penalties: Violations are misdemeanor with fines not to exceed $500 or 90 days in jail.
Review/Consultation Committee: Not specified.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Archaeology (Kentucky Revised Stat. Ann. §164.705; §164.710; §164.715; §164.720; §164.725; §164.730; §164.735; §72.020; Cultural Resources/Report Specifications; §).
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