STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1973, 1985
Summary: The statute on Indian Bones requires that all Indian skeletons, either publicly or privately owned, be transferred to the appropriate Maine tribe for reburial. Prior to reburial, the human remains may be scientifically studied for up to one year. The law makes no provisions for associated grave goods or dealing with human remains when affinity cannot be established. There are no provisions in the statute for violations. No review committee is mentioned and no process in laid out for inadvertent discovery of human remains. The Maine Historic Preservation Commission issues permits for archaeological excavations.
Online State Law Source: http://janus.state.me.us/legis/ros/meconlaw.htm
Permitting: General archaeological permits issued through the Maine Historic Preservation Commission.
Penalties: Penalties for violating the archaeological provisions include fines from $50- $1,000 per day.
Review/Consultation Committee: No provisions are made for consultation.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Indian human remains §2842-B, Limitations on construction and excavation near burial sites §1371-A, Archaeology (Title 27, Chapter 13), Crimes and civil violations outside the criminal code §4-A, Amounts Authorized by Fines §1301.
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