STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1991
Summary: In 1991, Virginia issued regulations to deal with emergency situations where unmarked human remains are unexpectedly uncovered through archaeological excavation, natural causes or looting. In these cases, the excavation shall only proceed with a permit from the Virginia Department of Historic Resources. Until a permit is received, all work at the burial site stops. Once the human remains are excavated, they may be analyzed for up to two years, with the ultimate disposition being reburial unless an alternate plan is approved by the Department of Historic Resources through consultation with key interested parties. If the remains are Native American, prehistoric or historic, the Virginia Council on Indians and the appropriate tribal groups are notified and consulted. It is a Class 1 misdemeanor to intentionally deface, damage, or remove an object of antiquity or to perform archaeology without state issued permit. A Class 1 misdemeanor carries fines up to $1,000 and up to one year in jail. Damaging an unmarked grave is a felony with jail terms from 2 to 10 years.
Online State Law Source: http://leg1.state.va.us/
Permitting: The excavation shall only proceed with a permit from the Virginia Department of Historic Resources.
Penalties: Class 1 misdemeanor carries fines up to $2,500 and up to one year in jail Damaging an unmarked grave is a felony with jail terms from two to 10 years.
Review/Consultation Committee: The Virginia Council on Indians and the appropriate tribal groups shall be notified and consulted.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Virginia Antiquities Act (Va. Code Ann. §10.1-2300, et seq.); Punishment for conviction of misdemeanor (Va. Code Ann. §18.2-11); Removal of remains from abandoned graveyrd procedure (Va. Code Ann. §57-38.1); Removal of remains from land vacated (Va. Code Ann. §57-39).
Return to State and Tribal Laws and Regulations Map
Provide feedback about this page by clicking here