NEW YORK

Citation: Indians (McKinney’s Consolidated Laws of NY Book 25, §12-a); Education (McKinney’s Consolidated Laws of NY Book 16, §233.3; 234); Parks, Recreation and Historic Preservation (McKinney’s Consolidated Laws of NY Book 37B, §11.03; §19.01.12-a).

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.

Jurisdiction: Sites or burials on state lands. 
Statute of Limitations: Not specified. 
Areas Covered Under Act: Indian cemeteries and burial grounds on state lands. 
Review/Consultation Committee: Consultation is required with Native Americans. 
Liable: Anyone who violates the law and removes human remains or artifacts without a permit. 
Penalties: Violations are a Class A misdemeanor with jail terms from 16 days to one year and fines up to $10,000. 
Exemptions: Not specified. 
Permitting: Excavation permits issued through the Office of Parks, Recreation and Historic Preservation.