[Note: emphasis added to certain sections]
CHAPTER 184a
NATIVE AMERICAN CULTURES.
POLICY
CONCERNING ARCHAEOLOGICAL INVESTIGATIONS
Table of Contents
Sec. 10-381.
Definitions.
Sec. 10-382. Native American Heritage Advisory
Council.
Sec. 10-383. Museum of Natural History designated as repository
for artifacts found during archaeological investigation of state
land.
Sec. 10-384. Designation of site as state archaeological
preserve.
Sec. 10-385. Regulations.
Sec. 10-386. Permit for archaeological investigation on state
lands. Regulations.
Sec. 10-387. Review by state agencies of policies and practices
for consistency with archaeological preservation.
Sec. 10-388. Human burials.
Sec. 10-389. Regulations establishing procedures for storage,
analysis and reburial of human skeletal remains.
Sec. 10-390. Penalty.
Sec. 10-391. Inventory of Native American burial sites and
cemeteries.
Sec. 10-381.
Definitions. As used in sections 10-382 to 10-391,
inclusive: Sec.
10-382. Native American Heritage Advisory Council. There is established a Native American Heritage
Advisory Council to evaluate and make recommendations on the Native American
heritage to the State Archaeologist and the Connecticut Historical Commission.
Such council shall consist of the following members: One representing each of
the following Indian tribes, appointed by the tribe: The Schaghticoke, the
Paucatuck Eastern Pequot, the Mashantucket Pequot, the Mohegan and the Golden
Hill Paugussett; one representing the Indian Affairs Council, appointed by the
chairperson of the council; one representing the Commissioner of Environmental
Protection, appointed by said commissioner; one representing the Archaeological
Society of Connecticut, appointed by the president pro tempore of the Senate;
and three who are knowledgeable in Native American history, traditions and
archaeology, one appointed by the speaker of the House of Representatives, one
appointed by the minority leader of the House of Representatives and one
appointed by the minority leader of the Senate. Sec.
10-383. Museum of Natural History designated as repository for artifacts found
during archaeological investigation of state land. (a) The State Museum of Natural History shall be the
state repository for all artifacts found and data gathered during archaeological
investigations on state lands. Sec.
10-384. Designation of site as state archaeological preserve. The Connecticut Historical Commission, with the
concurrence of the State Archaeologist, may examine sites and lands to determine
if such sites or lands are of state or national archaeological importance and
meet all the requirements for listing on the National Register (16 USC 470a) or
the state register of historic places defined in section 10-320c. Upon
determination that any site or land investigated is of state or national
archaeological importance, the commission may declare such site or land to be a
state archaeological preserve, provided (1) each property owner of any private
site or land proposed for designation has been informed of the implications of
the designation and consented in writing to such designation, (2) the state
agency with custody or control of any public land has been notified in writing
of the proposed designation and (3) written recommendations on the proposal have
been sent to the commission by the State Archaeologist and, if there is evidence
of Native American activity, the Native American Heritage Advisory Council
established pursuant to section 10-382. The commission shall cause notice of
such designation to be filed on the land records in the town where such preserve
is located. Sec.
10-385. Regulations. (a) The
Connecticut Historical Commission shall adopt regulations in accordance with the
provisions of chapter 54 for the establishment, care, use and management of
sites or lands designated as state archaeological preserves pursuant to section
10-384. Sec.
10-386. Permit for archaeological investigation on state lands.
Regulations. (a) No person may
conduct an archaeological investigation on state lands or on a state
archaeological preserve without a permit from the Connecticut Historical
Commission. Any such permit shall be issued with the concurrence of the State
Archaeologist. The applicant shall submit an application on such form as the
commission may prescribe and with such information as the commission, after
consultation with the State Archaeologist and the advisory council established
pursuant to section 10-382, deems necessary, including, but not limited to, the
time, scope, location and specific purpose of the proposed research. The
applicant shall submit (1) evidence satisfactory to the commission of
qualifications to perform the excavation, including evidence of experience,
training and knowledge; (2) an excavation plan for the site satisfactory to the
commission which includes provisions on the method of excavation and (3) a
written statement that upon completion of the excavation the applicant shall
submit a report of the investigation which shall include a description of
archaeological artifacts discovered and relevant maps, documents, drawings and
photographs. No permit shall be issued for an investigation that would disturb a
known Native American cemetery, burial site or other sacred site without the
review of the advisory council established pursuant to section 10-382. Failure
to comply with the terms of a permit issued under this section shall be grounds
to deny a subsequent permit. Sec.
10-387. Review by state agencies of policies and practices for consistency with
archaeological preservation. Each
state department, institution and agency shall review, in consultation with the
Connecticut Historical Commission, their policies and practices for consistency
with the preservation and study of the state's archaeological sites and sacred
lands and sites. Such review shall include preparation of an evaluation document
which specifies projects and programs requiring detailed consultation to
identify and protect archaeological sites and sacred lands and sites. Any
project submitted to the commission for review under the provisions of sections
22a-1a to 22a-1f, inclusive, is exempt from the provisions of this
section. Sec.
10-388. Human burials. (a) Any
person who knows or reasonably believes that any human burials or human skeletal
remains are being or about to be disturbed, destroyed, defaced, removed or
exposed shall immediately notify the Chief Medical Examiner and State
Archaeologist of such fact. If human burials or human skeletal remains are
encountered during construction or agricultural, archaeological or other
activity that might alter, destroy or otherwise impair the integrity of such
burials or remains, the activity shall cease and not resume unless authorized by
the Chief Medical Examiner and the State Archaeologist provided such
authorization shall be made within five days of completion of the investigation
of the Chief Medical Examiner pursuant to subsection (b) of this section. Sec.
10-389. Regulations establishing procedures for storage, analysis and reburial
of human skeletal remains. (a)
Notwithstanding the provisions of sections 7- 67 and 7-69, the State
Archaeologist, in consultation with the Connecticut Historical Commission, the
Native American Heritage Advisory Council established under section 10-382, the
Commissioner of Environmental Protection and the archaeological community, shall
adopt regulations in accordance with the provisions of chapter 54 establishing
procedures for the storage, analysis and reburial of human skeletal remains
discovered during an archaeological investigation. Sec.
10-391. Inventory of Native American burial sites and
cemeteries. On or before January 1,
1991, the Connecticut Historical Commission, in consultation with the State
Archaeologist, the Native American Heritage Advisory Council established under
section 10-382 and the Commissioner of Environmental Protection, shall develop
procedures to inventory Native American burial sites and cemeteries. Such
procedures shall provide for the availability of the inventory to state
agencies, departments and institutions.
(1) "Native American" means people who occupied Connecticut prior
to European settlement and their historic descendants, Indians as defined by
section 47-63, who are residents of this state and all members of other tribes
recognized by the United States or by Canada or its Provinces who are residents
of this state;
(2) "Archaeological site" means a location where there exists
material evidence that is not less than fifty years old of the past life and
culture of human beings in the state;
(3) "Archaeological artifact" means
material evidence that is not less than fifty years old of past life and culture
in the state that is found in connection with an archaeological site;
(4)
"Archaeological investigation" means any subsurface tests or excavation or other
activity resulting in the disturbance or removal of artifacts or data from an
archaeological site;
(5) "Sacred
site" or "sacred land" means any space, including an archaeological
site, of ritual or traditional significance in the culture and
religion of Native Americans that is listed or eligible for listing on the
National Register of Historic Places (16 USC 470a, as amended) or the state
register of historic places defined in section 10-320c, including, but not
limited to, marked and unmarked human burials, burial areas and cemeteries,
monumental geological or natural features with sacred meaning or a meaning
central to a group's oral traditions; sites of ceremonial structures, including
sweat lodges; rock art sites, and sites of great historical significance to a
tribe native to this state;
(6) "Sacred object" means any archaeological
artifact or other object associated with a sacred site;
(7) "State lands"
mean lands owned, leased, or administered by the state or in the custody or
control of any state agency, department or instrumentality of the
state.
(P.A. 89-368, S.
1.)
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(P.A. 89-368, S. 2.)
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(b) On or before July 1, l990, the board of
directors of the State Museum of Natural History shall establish a collections
policy which shall include procedures for (1) acquisition of material and the
acceptance of gifts appropriate to the public trust, (2) the preservation, care
and display of sacred objects, and the use of sacred objects for religious and
ceremonial purposes and (3) loans and transfers of sacred objects and other
materials, including archaeological artifacts, to Native American museums or
other institutions.
(P.A. 89-368, S.
5.)
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(P.A. 89-368, S.
6.)
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(b) On and after the effective date of designation of sites or lands
as a state archaeological preserve, no person may conduct any archaeological
investigation, initiate construction or demolition activities or undertake any
other activity which would endanger the archaeological integrity or sacred
importance of such preserve without complying with the provisions of section
10-386 except if the commission declares an emergency.
(P.A. 89-368, S.
7.)
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(b) The commission shall adopt regulations in
accordance with the provisions of chapter 54 establishing procedures for the
issuance of permits required under this section. Such regulations shall be
developed with the concurrence of the State Archaeologist.
(c)
Notwithstanding the provisions of this section, the commission, in consultation
with the State Archaeologist, may authorize an archaeological investigation
without a permit if time for investigation is limited.
(d) The applicant
shall pay the cost of reburial of any human skeletal remains discovered in
accordance with the terms and conditions of a permit issued under this
section.
(P.A. 89-368, S.
8.)
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(P.A. 89-368, S.
9.)
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(b)
After notification under subsection (a) of this section, the Chief Medical
Examiner shall determine if the remains represent a human death required to be
investigated under section 19a-406. After completion of his investigation, if
the Chief Medical Examiner determines that the remains may be the remains of a
Native American or were found in the subsurface and buried for more than fifty
years, the Chief Medical Examiner shall notify the State Archaeologist of such
fact. The State Archaeologist, upon such notification, shall in consultation
with the Connecticut Historical Commission, the Native American Heritage
Advisory Council, established under section 10-382, the Commissioner of
Environmental Protection, and the landowner determine, within seventy- two
hours, if the site where such remains were discovered can be preserved in situ
and protected by a preservation restriction as defined in section 47-42a.
(c)
If in situ preservation is not prudent and feasible or not agreed to by the
landowner, the State Archaeologist, upon consultation with the landowner and, if
appropriate, the Native American Heritage Advisory Council, the Connecticut
Historical Commission, and the Commissioner of Environmental Protection shall,
if feasible, provide for removal and reburial of the remains at another location
or for additional archaeological investigations and scientific analysis prior to
reburial. Any excavation and recovery of remains by the State Archaeologist
shall be completed not more than five business days after notification by the
Chief Medical Examiner under this section unless the landowner consents to
additional days.
(d) Human skeletal remains discovered during archaeological
investigation shall be excavated under the supervision of the State
Archaeologist, pursuant to a written agreement between the State Archaeologist
and the holder of the permit specifying the excavation, methods to be used and
data to be collected. Due care shall be exercised during excavation, subsequent
transport and storage of skeletal remains to insure that the sacred meanings of
the remains for Native Americans are respected and protected.
(e) The
provisions of this section shall not be construed to require the owner of
private lands on which human skeletal remains are found to pay the costs of
excavation, removal analysis or reburial of such remains.
(P.A. 89-368, S. 10.)
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(b) The Commissioner of
Environmental Protection shall designate state lands for use as sites for the
reburial of Native American human skeletal remains. Such sites shall be deemed
sacred lands and designated as state archaeological preserves in accordance with
section 10-384.
(c) Any such human remains discovered on and after October 1,
1989, shall be reburied. The State Archaeologist, the Native American Heritage
Advisory Council and the Commissioner of Environmental Protection shall jointly
determine the contents and organization of each reburial ceremony for Native
Americans.
(P.A. 89-368, S.
11.)
History: In 1995 the word
"Heritage" was inserted editorially by the Revisors in Subsec. (c) after the
words "Native American" for accuracy of
reference.
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(d) Any person who violates any
provision of this section shall be fined not more than five thousand dollars or
twice the value of the site or artifact that was the subject of the violation,
whichever is greater, and imprisoned not
more than five years or both.
(e) Any person who violates any
provision of this section shall be liable to the state for the reasonable costs
and expenses of the state in restoring the site and any associated sacred
objects or archaeological artifacts.
(P.A. 89-368, S.
12.)
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(P.A. 89-368, S. 13.)
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