See below for timelines once cultural affiliation has been established:
New York State Unmarked Burial Site Protection Act
What is it?
- A law to protect all unmarked burial sites in New York State.
- Establishes a process to follow when unmarked graves are found.
- Establishes a Native American Burial Site Review Committee to make decisions about indigenous burial sites.
- Establishes a process for the disposition of non-Native American burial sites.
- Establishes penalties for intentionally disturbing or removing human remains and funerary objects from unmarked burial sites.
What to Do When Human Remains Are Found?
IMMEDIATELY
- STOP ALL ACTIVITY THAT COULD DISTURB THE SITE AND CALL 911.
- The coroner or medical examiner will examine the human remains and determine if they are more than 50 years old.
WITHIN 4 DAYS
- If the coronor determines the remains are more than 50 years old, notify the State Archaeologist: (518) 474-5812 or send information using this Reporting Form (PDF) to unmarkedburial@nysed.gov
- The State Archaeologist will inform the Native American Burial Site Review Committee.
WITHIN 10 DAYS
- The State Archaeologist will evaluate the discovery and issue a report to the Committee and property owner (an additional 10 days may be allowed if there are multiple remains).
Link to the Unmarked Burial Site Protection Act
SECTION 171
Discovery and disposition of human remains and funerary objects
Executive (EXC) CHAPTER 18, ARTICLE 7
https://www.nysenate.gov/legislation/laws/EXC/171