STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1989
Summary: The Unmarked Human Burial Sites law pertains to human remains and grave goods found on private and public land in the state. When human remains or burial goods are discovered, the activity ceases and within 48 hours the local law enforcement office must be notified. Failure to do so is a Class III misdemeanor. Civil penalties may also be assessed. If human remains and grave goods are discovered as part of a state road project, the activity ceases and within 48 hours the law enforcement office is notified and the remains will be excavated and removed. The law enforcement officer notifies the land owner, county attorney and State Historical Society. If the remains are archaeological, non-Native American and relatives are identifiable, they will pay for reinterment. Otherwise, the county pays after one year of study. If the remains are scientifically important, they may be retained by the Society. If the remains are Native American, the Commission on Indian Affairs is notified in writing and seeks associated tribes or kin. Reburial takes place at the request and expense of the affiliated tribe. If the Native American remains are unclaimed, they will be reburied by the county. Institutions with Native American remains and grave goods which are reasonably identifiable should return the remains upon request. The Act outlines dispute resolution steps and appoints a 3 rd party reviewer.
Online State Law Source: http://www.unicam.state.ne.us/web/public/research
Permitting: Permits for excavation are issued through the State Historical Society.
Penalties: Failure to cease disturbing activities and notify the law enforcement agent is a Class III misdemeanor with up to 3 months imprisonment and/or up to a $500 fine. If these acts are conducted knowingly it is a Class IV felony with up to 5 years imprisonment and/or up to a $10,000 fine. Civil penalties may also be assessed.
Review/Consultation Committee: The Commission on Indian Affairs is notified and will seek associated tribes or kin.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Unmarked Human Burial Sites and Skeletal Remains Protection Act (Nebraska Rev. Stat. §12- 1201 through §12-1212), Human skeletal remains or burial goods; prohibited acts; penalty (Nebraska Rev. Stat. Section 28-1301), Abandoned and neglected cemeteries; Indian burial grounds; care and maintenance (Nebraska Rev. Stat. Section 12-805), Felonies; classification of penalties; sentences; where served; eligibility for probation (Nebraska Rev. Stat. Section 28-105), Misdemeanors; classification of penalties; sentences; where served (Nebraska Rev. Stat. Section 28-106).
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