STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: Indians provisions derived from 1892 law; Historic Preservation provisions 1972, amended 1980; Permits and Collections Provisions 1947, amended 1958; Historic Sites provisions 1972
Summary: The Indians section of the statute authorizes the Office of Parks, Recreation and Historic Preservation to designate any Indian cemetery or burial ground as a place of historic interest. No one may destroy, alter, convert, or impair a cemetery or burial ground or any artifact found in one without the permission of the Office of Parks, Recreation and Historic Preservation. New York’s preservation program is a cooperative endeavor between all state agencies and municipalities many of which have created their own local ordinances. Permits are required for archaeological or historic projects on state lands. Violations of the preservation provisions is a misdemeanor.
Online State Law Source: http://public.leginfo.state.ny.us/menugetf.cgi?
COMMONQUERY=LAWS
Permitting: Excavation permits issued through the Office of Parks, Recreation and Historic Preservation.
Penalties: Violations are a Class A misdemeanor with jail terms from 16 days to one year and fines up to $10,000.
Review/Consultation Committee: Consultation is required with Native Americans.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Indians (McKinney’s Consolidated Laws of NY Book 25, §12-a); Education (Article 5 Part 1 §232, §233, §233-A, §233-B, §233-C, §234); Parks, Recreation and Historic Preservation Law (Title A Chapter 660 Article 1, Article 3, Article 11, Article 14), Arts and Cultural Affairs (Chapter 11-C), Classification and Designation of Offenses (§55), Fines (§80).
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