STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1969, most recently amended in 1996
Summary: The majority of Ohio’s historic and archaeological provisions are found in the statute establishing the State Historical Society. In §2927, Burials, provisions are outlined prohibiting desecration of any historic or commemorative marker or any structure, Indian mound, or earthwork, thing or site of great historical or archaeological interest. It is also illegal to disturb any object of reverence or sacred devotion. Violation of these provisions is a second degree misdemeanor. The Ohio Historic Preservation Advisory Board must include at least one Native American. The Board assists the Historical Society in carrying out the state’s preservation program. The state does not have specific steps to follow for inadvertent discovery of human remains.
Online State Law Source: http://www.legislature.state.oh.us/laws.cfm
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Permitting: Excavation permits issued through the State Historical Society.
Penalties: Violations are a is guilty of a 2 nd Degree misdemeanor with up to 90 days imprisonment and/or up to a $750 fine.
Review/Consultation Committee: Native Americans must be represented on the Historic Preservation Advisory Board.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Historic Society (Page’s Ohio Revised Code, Title 1, §149, et seq.); Burials (Page’s Ohio Revised Code, Title 1, §2927, et seq.), Jail Terms (Page’s Ohio Revised Code, Title 1, §2929.24), Financial Sanctions (Page’s Ohio Revised Code, Title 1, §2929.28).
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