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).
![Seals of the New York State Senate and Assembly](https://nysm.nysed.gov/sites/default/files/styles/1000px_wide/public/nys-assembly-senate.jpg?itok=0cOpvv66)
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