GEORGIA Law

Citation: Protection of American Indian Human Remains and Burial

Objects

(Georgia Code Ann. §44- 12-260, et seq.); Historic Preservation Act

(Official Code of Georgia Ann. §12-3-53 through §12-3-82; §31-21-6);

Dead

Bodies (Georgia Code Ann. §31-21-5-6, 45); Abandoned Cemeteries and

Burial

Grounds (Georgia Code Ann. §36-72-16); Research References (Georgia

Code

Ann. §12-3-52-54).

Date Enacted: 1969, amended 1981, 1985, 1992

Summary: Georgia's Protection of American Indian Human Remains and

Burial

Objects protects unmarked human burials. The Department of Historic

Resources, through the office of the State Archaeologist, issues

excavation

permits for state lands. In general, the state discourages removal of

sacred

or cultural objects from Native American burials. In cases where a

burial

must be excavated, the excavation research plan or design must include

a

plan for identify and notifying lineal descendants, for permission to

perform skeletal analysis, curation and disposition. If human remains

are

encountered accidentally, the action ceases and the appropriate law

enforcement agency is notified. The law enforcement agent takes

responsibility for alerting the coroner, who in turn, determines if the

remains are forensic in nature. If the remains are not forensic, then

the

coroner or medical examiner notifies the local governing authority and

the

Division of Natural Resources, the latter has responsibility for

contacting

the Council of American Indian Concerns. The Division of Natural

Resources,

in consultation with the Council, decides if the remains should be

excavated, and if so, obtains written permission if the remains are on

private lands. It is unlawful for any person not operating under the

provisions of §106 of the National Historic Preservation Act to

willingly or

knowingly disturb any archaeological, aboriginal, prehistoric or

historic

site. It is also unlawful to buy, sell, trade, import, or export

American

Indian burial, sacred, or cultural objects. Any person who has

knowledge of,

or has reason to believe that interred human remains have been

disturbed,

destroyed, defaced, removed, or altered without a permit must

immediately

notify the local law enforcement agency.

Museums in possession of human remains or burial objects must return

such

objects to the relevant tribe if a request is made. Failure to comply

with

this law is subject to a civil penalty imposed by the Secretary of

State,

which in no event shall exceed $5,000. It is a felony to publicly

display

dead human bodies of American Indians or American Indian human remains

except in connection with funeral or burial services. Educational

exhibits

or displays are only permissible with the express written permission of

the

lineal descendants of the deceased or where there is no lineal

descendent by

the Council on American Indian Concerns.

Jurisdiction: All state and private lands including submerged lands.

Statute of Limitation: Not specified.

Areas Covered Under Act: All human skeletal remains and prehistoric and

historic sites.

Ownership: State assumes ownership.

Review/Consultation Committee: The Council on American Indian Concerns

must

be consulted.

Liable: Anyone who knowingly disturbs, defaces, removes or exposes

human

remains, without a permit is liable.

Penalties: Displaying human remains without the express written consent

of

may result in a penalty not to exceed $5,000.

Exemptions: Educational exhibits or displays are allowed with the

express

written permission of the deceased lineal descendants or the Council on

American Indian Concerns, if not.

Permitting: Not specified for Native American burials but general

archaeological permits issued through State Archaeologist.