Tennessee state laws on Archeological diggings and Grave removals
Ch 34 Commission of Indian Affairs
4-34-101
Creation-Administration
(a) There is hereby created and established the Tennessee commission of Indian
Affairs. (b) The commision shall be administered under the direction and
supervision of the department of environment and conservation. [Acts 1983, ch
425, 1;1896,ch.678,1]
4-34-102
Purposes-The
Purposes of the commission are to (1) Deal fairly and effective with Indian
Affairs; (b) Bring local, state and federal resources into focus for the
implementation or continuation of meaningful programs for Indian Citizens of
the state of Tennessee; (3) Provide aid and protection for Indians as needs are
demonstrated; (4) Prevent undue Hardships; (assist
Indian Communities in Social and economic development; and (6) Promote
recognition of, and the right of Indians to pursue, cultural and religious
traditions considered by them to be sacred and meaningful to Native
Americans.[Acts 1983, ch.425,2]
4-34-103
It
is the duty of the commission to; (1) Study, consider, accumulate, compile,
assemble and disseminate information on any aspect of Indian Affairs; (2)
Investigate relief needs of Indians of Tennessee and to provide technical
assistance in the preparation of plans for the alleviation of such needs; (3)
Confer with appropriate officials of local, state and federal governments and
agencies of these governments, and with such congressional committees that me
be concerned with Indian Affairs; (4) Encourage and implement coordination of
applicable resources to meet the needs of Indians in Tennessee; (5) Cooperate
with and secure the assistance of the local, state and federal governments or
any agencies thereof in formulating and such programs; (6) Coordinate such
programs with any programs regarding Indian affairs adopted or planned by
federal government to the end that the commission secure the full benefit of
such programs; (7) Review all proposed or pending state legislation and
amendments to existing state legislation affecting Indians in Tennessee;
(8) Conduct Public Hearings on matters
relating to Indian affairs and to subpoena any information or documents deemed
necessary by the commission; (9) Study the existing status of recognition of
all Indian Groups, tribes and communities presently existing in the state of
Tennessee, and (10) Establish appropriate procedures to provide for legal
recognition by the state of presently unrecognized groups and to provide for
official state recognition by the commission of such groups. [Acts 1983,
ch.425,3)
4-34-104 this is a problem law...
Members-
(a) The Tennessee commission of Indian affairs shall consist of five (5)
members appointed by the Governor, at least three (3) of who, shall be persons
of not less than 25% Native American Lineage. (b) Members shall serve for
three-year terms, except in the first appointments the Indian members shall be
appointed for two (2) or three (3) years each. (c) any member appointed to fill
a vacancy shall be appointed for the remainder of the term of the member
causing the vacancy. (d) The Governor shall appoint a chair of the commission,
subject to ratification by the full commission. (e) Commission members shall be
compensated in accordance with the comprehensive state travel regulations as promulgated
by the commissioner of finance and administration and approved by the attorney
general and reporter.[Acts 1983, ch.425,4;1984,ch.825,1]
4-34-105
Meetings-
(a) The commission shall meet quarterly and at any such time that it deems
necessary. (b) Meetings may be called by the chair or by a petition signed by a
majority of the members of the commission. (c) Ten (100 days notice shall be
given in writing to such members prior to the meeting date.(d) a simple
majority of the Indian members of the commission must be present to constitute
a quorum. (e) Proxy voting will not be permitted. [Acts 1983, ch.425,5]
4-34-106
Annual
Report- (a) The commission shall prepare a written annual report giving an account
of its proceedings, Transactions, findings and recommendations. (b) This report
shall be submitted to the governor and the general assembly. (c) The report
will become a matter of public record and will be maintained in the state
archives. It may also be furnished to such other persons or agencies as the commission
ma deem proper.[Acts 1983,ch.425,6]
4-34-107
Audit-
(a) Fiscal records shall be kept by the commissioner of environment and
conservation and will be subjec to audit as authorized by 8-4-109 or a licensed
public accountant. (b) The audit report will become part of the annual report
and will be submitted in accordance with the regulations governing preparation
and submission of the annual report.[Acts 1983,ch.425,7,1986,ch.678,1]
4-34-108
Executive
director and staff-(a) The commission may, subject to legislative or other
funds that would accrue to the commission, employ an executive director to
carry out the day-to-day responsibilities and business of the commission (b)
The executive director, also subject to legislative or other funds that would
accrue to the commission, may hire additional staff and consultants to assist
in the discharge of the executive
directors responsibilities, as determined by the commission (c) The
executive director shall not be a member of the commission, and shall be of Indian
Descent.[Acts 1983,ch.425,8] The name of this person is:............
4-34-201
Inclusion
of "Native American Indian" as racial or ethnic origin (a)
Notwithstanding any provision of law to the contrary, a state or local
governmental entity requiring or requesting a person to divulge racial or
ethnic origin on an employment form, education application, or other such
document shall contain a space, box or blank clearly designated "Native
American Indian" (b) This section may not be construed to require a governmental
entity to revise the forms in the manner required by this section before
exhausting its supply of forms on hand January 1, 1995[Acts 1994,ch.971,1]
4-34-202
Eligibility
for minority-based benefits-Notwithstanding and other provision of law to the
contrary, a native American or African American is eligible to receive
scholarships, grants or any other benefit afforded to minorities from the
University of Tennessee system, the board of regents system, or any Tennessee
school system. As used in this section, Native American" means an
individual recognized as Native American by a federally recognized tribe or a
state.[Acts 1994,ch.972,1]
Indians
Commission
of Indian affairs
Archaeology
11-6-101 Division established - Purposes
11-6-102 Definitions
11-6-103 Archaeological advisory council
11-6-104 excavated artifacts - Property of state-Availabiliy
and care reported remains shall be treated such as
11-6-105 Excavation of state lands - permits
- Unauthorized excavation-penalty
11-6-106 Defacement of sites or
artifacts-misdemeanor
11-6-107 Discovery of sites, artifacts or
human remains-Notice to division, contractors and authorities
11-6-108 State lands- Reserved from
sale-procedure
11-6-109 Private Lands _ Trespass, Vandalism,
and unauthorized activities-Permission-Artifacts-Prohibited storage, dumping or
littering
11-6-110 Designation as archaeological site
11-6-111 Sites threatened by construction
projects-Contract with corporations or organizations.
11-6-112 Violations _ Class E
felony-Enforcement powers
11-6-113 Contracts and cooperative
agreements-Authorizations
11-6-114 Acceptance of gifts and giants-Title
to land
11-6-115 Tennessee Archaeological
Society-Support Programs
11-6-116 Excavation of area containing Native
American Indian Human remains-on site representatives-Notice of intent to
remove remains
11-6-117 Display of Native American Indian
Human remains
11-6-118 Import or export of human remains
11-6-119 Reburial of human remains or Native
American burial objects following discovery or confiscation reported
remains shall be treated such as
11-6-120 Volunteer programs - provisions of
archaeological information to schools and other interest groups _ Tennessee
Archaeology Awareness Week.
11-6-121 Abandoned shipwrecks
==========================
11-6-
11-6-103
Archaeological
advisory council-(a)
Human
Remains
Display
prohibited 11-6-117
Excavation
11-6-116
Export
11-6-118
Importation
11-6-118
On-site
Representatives 11-6-116
Reburial
11-6-119
Abandoned
cultural property
11-6-101
Division
established -purposes-(a)
11-6-102
Definitions
11-6-103
Archaeology
advisory council
11-6-104
Excavated
artifacts-property of state-Availability and care (a)
11-6-105
Excavation
of state lands-Permits-unauthorized excavation-penalty (a)
11-6-106
Defacement
of sites or artifacts-misdemeanor
11-6-107
Discovery
of sites, artifacts or human remains-Notice to division, contractors and
authorities.
11-6-108
State
lands-reserved from sale-procedure-(a) Upon written notice to the
commissioner of general services, given by the state archaeologist, the
commissioner shall reserve from sale any state lands, including lands forfeited
to the state for nonpayment of taxes, on which sites or artifacts are located
or may be found; provided, that the reservation of such lands from sale may be
confined to the actual location of the site or artifacts(b) When such site or
artifacts have been explored, excavated, or otherwise examined to the extent
desired by the division of archaeology, the state archaeologist shall then file
with the commissioner statement releasing such lands and permitting the sale of
such lands.[Acts 1970, ch.468,8;T.C.A.,11-1508]
This is more like a Gestapo than America.
take the lands because of bones and bowls?
11-6-109
Private
Land-Trespass, vandalism, and unauthorized
activities-Permission-Artifacts-Prohibited storage, dumping or littering.
(a) It shall be deemed an act of trespass and a Class A misdemeanor for any
person, natural or corporate, to excavate and remove artifacts from the private
land of any owner without first obtaining the owners written permission. (b( No
person, corporation, partnership, association or any other entity shall be
excavate, damage, vandalize or remove any artifact from or otherwise alter or
deface any site listed in the Tennessee register of Archeological site without
first obtaining landowner permission.(c) No person, corporation, partnership, association
or any other entity shall sell, offer to sell, purchase or offer to purchase,
or otherwise exchange any artifact from a site listed in the Tennessee register
of archaeological sites if the artifacts has been removed or received in
violation of this section.(d) No person, corporation, partnership, association
or any other entity shall store dump, litter or otherwise dispose of any
garbage, dead animal, sewage or toxic substance in any cave or sinkhole listed
in the Tennessee register of archaeological sites.[Acts
1970,ch.468,9,T.C.A.,11-1509;Acts 1984,ch.801,2,1989,ch.591]
11-6-110
Designation
as Archaeological site-An archaeological site of significance in the
scientific study of Tennessee's aboriginal past or importance to public knowledge
and appreciation of this history may be publicly designated by the commissioner
of environment and conservation and placed in the Tennessee register of archaeological
sites; provided, that no sites shall be so designated without the express
written consent of the state agency having jurisdiction over the land in
question or, if it privately owned land, the owner thereof, provided that any
person or entity having given its permission may revoke such permission on
giving thirty (30) days written notice of its intent to revoke the division of
archaeology, which revocation will take place on the expiration of the 30 days.
Recommendations for such designations shall be made by the state archeological
advisory council in consultation with the state archaeologist and such
recommendations, together with appropriate supporting data, shall be submitted
to the commissioner. In addition to the above, any landowner may petition the commissioner
to have any archaeological site located on the landowner' property publicly
designated and placed in the Tennessee register of Archaeological sites{Acts
1970,ch.468,10,T.C.A. 11-1510;Acts 1984,ch.801,3]
11-6-111
Sites
threatened by construction projects-Contracts with cooperation or organizations-
The division of archaeology may make a contract with any corporation or
organization for the conduct of archaeology upon any site, particularly sites
threatened with damage or destruction by public or private construction
projects.[Acts 1970, ch.468,11;tca,11-1511]
11-6-112
Violations-Penalties-Class
E Felony Enforcement powers,. (a) All acts declared to be misdemeanors
in this part, and not otherwise classified, are class E felonies. (b) When
properly commissioned and qualified by the commissioner of environment and
conservation, employees of the division of Archaeology shall have all the
police powers necessary to enforce all state laws and all rules and regulations
made and published by the department regarding archaeological sites which are authorized
for park superintendents and park Rangers by 11-3-107
within any of the archaeological sites for the purpose of enforcing the
provisions of 11-6-104-11-6-106[Acts 1970
ch.468,12;1973,ch.77,3,T.C.A.,11-1512,Acts
1984,ch,801,4,1989,ch,591,22,112;1990,ch,852,10]
11-6-113
Contracts
and cooperative agreements-Authorization-The Department of
Transportation is hereby authorized and directed to enter into appropriate
contracts and cooperative agreements with the division of archaeology and the
United States bureau of public roads and to expend funds, both state and
federal, in aid of archaeological survey, salvage and preservation on any lands
and right-of-way now or hereafter coming into its control in order that the
purposes of this chapter shall be achieved. [Acts1070,ch.468,13,impl,am,Acts
1972,ch.829,7,1973,ch.77,4;T.C.A.,11-1513]
These purposes being.
11-6-114
Acceptance
of gifts and grants-title to land-(a) The division of archaeology is
hereby authorized to accept grants, bequests, devises, gifts, and donations for
purposes of furthering the state program in archaeology and to expend funds so received
for those purposes. (b) The department of environment and conservation has full
power to accept and hold title to land or interests in land in the name of the
state for purposes of this chapter.[Acts 1970,ch.468,14,T.C.A.,11-1514]
11-6-115
Tennessee
Archaeological Society-Support of programs-(a) The division of
archaeology is hereby authorized to assist and support the programs of the
Tennessee Archaeological Society to the extent that the purposes and aims of
these coincide.(b) The Tennessee Archeological Society is hereby requested to
assist and cooperate with purposes and programs of the division of
archaeology[Acts 1970,ch.468,15;T.C.A. 11-1515]
11-6-116
Excavation
of area containing Native American Indian human Remains-on site
representatives-Notice of intent to remove remains. (a) When a burial
ground or other area containing human remains of native American Indians is excavated,
representatives of Native American Indians she have a right to be present on
the site at all times excavation or treatment of such remains is taking place. (b)
The department shall promulgate regulations governing application procedures
for and the number of representatives to be present on sites (c) Any person
engaged in work involving the removal of Native American Indian Human remains
must notify the state archaeologist in writing at least ten(10) days prior to
the time a petition is filed under provisions of title 46, chapter 4. Within
two (2) business days of receiving such notice, the state archaeological
advisory council and the chair of the Tennessee commission of Indian affairs[Act
1990,ch.852,11,1999,ch.509,1]
11-6-117
Display
of Native American Indian human remains: There shall be no public
exhibition or display of Native American Indian human Remains, except as
evidence in a judicial proceeding{Acts 1990,ch.852,11]
11-6-118
Import
or export of human remains (a) The import into Tennessee or the export
from Tennessee of human remains is prohibited except in the following
instances: (1) Import or export by hospitals or medical schools for education
or research purposes; (2) Import or export for preparation for burial or reburial;
or (4) Import or export for use as evidence in any judicial proceeding (b) a
violation of subsection (a) is a class E felony (c) Any remains so imported or
exported shall be confiscated, and subject to disposition as provided in
11-6-104 and 11-6-119[Acts 1190,ch.852,11]
11-6-119
Reburial of human remains or native American burial objects following discovery or confiscation- Any human remains or any native American burial objects discovered in the course of an excavation, exhumation or accidentally, and such remains and their associated burial objects confiscated under the provisions of 11-6-118, shall be properly reburied following scientific analysis within six (6) months of such discovery or confiscation in accordance with procedures formulated by the advisory council which are to appropriate to Native American Traditions. Upon request for scientific or medical research, the director of the division may grant an extension of not more than six (6) months before reburial is required[Acts 1990,ch.852,11,1999,ch.509,2,3]