S T A T E   O F   N E W   Y O R K
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                                  5837

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, GABRYSZAK, OTIS, STEVENSON, JAFFEE,
  FINCH, MAISEL, MONTESANO,  THIELE,  RAIA,  LAVINE,  ROSENTHAL,  AUBRY,
  COOK,  SCARBOROUGH,  KEARNS, MILLMAN -- Multi-Sponsored by -- M. of A.
  BROOK-KRASNY, GOTTFRIED, LUPARDO,  MARKEY,  McDONOUGH,  WEISENBERG  --
  read  once  and referred to the Committee on Corporations, Authorities
  and Commissions

AN ACT to amend the not-for-profit corporation  law  and  the  education
  law, in relation to the discovery and disposition of human remains and
  funerary  objects;  and  to  amend  the parks, recreation and historic
  preservation law, in relation to requiring certain notice and  consul-
  tation prior to the undertaking of certain projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unmarked burial site protection act".
  S  2.  Legislative findings and declaration. The legislature finds and
declares that the sanctity of human burial sites  is  an  intrinsic  and
paramount  value among all cultural and religious traditions which prac-
tice the custom of burying the dead. The legislature further finds  that
there  are  numerous unmarked burial sites throughout the state, many of
which are of great cultural and historical significance to the people of
the state, particularly to members of the cultural and religious  groups
affiliated  with  them.  Such  sites  are  vulnerable  to  unintentional
disturbance in the course of construction and other activities  as  well
as  deliberate  vandalism  and  looting.  Such disturbance constitutes a
severe offense against the descendants of the dead and the  beliefs  and
traditions of the culturally-affiliated groups.
  The  legislature  finds and declares that existing laws are inadequate
to protect these unmarked burial sites from disturbance,  and  that  New
York  is  one  of  the  very few states which heretofore has provided no
express statutory protection for unmarked burial sites. It is  therefore

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08081-01-3
              

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declared  to be the purpose of this act to ensure that human remains and
associated funerary artifacts remain undisturbed to the  maximum  extent
practicable, and are treated with the utmost respect consistent with the
wishes of lineal descendants and culturally-affiliated groups.
  S  3. Section 1503 of the not-for-profit corporation law is amended by
adding a new paragraph (c) to read as follows:
  (C) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF  SECTION  FIFTEEN
HUNDRED  SEVEN  AND PARAGRAPH (M) OF SECTION FIFTEEN HUNDRED TEN OF THIS
ARTICLE, THIS ARTICLE DOES NOT APPLY TO A  BURIAL  SITE  AS  DEFINED  IN
PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED EIGHTEEN OF THIS ARTICLE.
  S  4.  The  not-for-profit  corporation law is amended by adding a new
section 1518 to read as follows:
S 1518. DISCOVERY AND DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS.
  (A) DEFINITIONS. AS USED IN THIS SECTION:
  (1) "BURIAL SITE" MEANS ANY LOCATION IN WHICH HUMAN REMAINS ARE INTER-
RED, WHICH IS NOT A CEMETERY SUBJECT TO PROVISIONS OF THIS CHAPTER,  THE
RELIGIOUS  CORPORATION  LAW,  THE GENERAL MUNICIPAL LAW, THE COUNTY LAW,
THE TOWN LAW OR THE VILLAGE LAW.
  (2) "COMMITTEE" MEANS THE NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE
CREATED BY PARAGRAPH (C) OF THIS SECTION.
  (3) "CULTURALLY-AFFILIATED GROUP" MEANS ANY GROUP, INCLUDING A  NATIVE
AMERICAN TRIBE, WHOSE PAST OR PRESENT GOVERNMENT, OR TRADITIONAL CULTURE
OR  RELIGION WAS OR IS AFFILIATED WITH HUMAN REMAINS OR FUNERARY OBJECTS
WHICH ARE THE SUBJECT OF THIS SECTION. SUCH GROUP SHALL INCLUDE A NATIVE
AMERICAN TRIBE WHOSE ABORIGINAL TERRITORY, AS DEFINED BY THE  COMMITTEE,
INCLUDES  THE LOCATION OF A BURIAL SITE CONTAINING NATIVE AMERICAN HUMAN
REMAINS OR FUNERARY OBJECTS.
  (4) "FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST" MEANS A PERSON QUAL-
IFIED IN THE MEDICOLEGAL OR  OSTEOLOGICAL  INVESTIGATION/EXAMINATION  OF
HUMAN SKELETAL REMAINS.
  (5)  "FUNERARY OBJECTS" MEANS ANY ITEM OR ITEMS REASONABLY BELIEVED TO
HAVE BEEN PLACED WITH HUMAN REMAINS AT THE TIME OF BURIAL, INCLUDING BUT
NOT LIMITED TO BURIAL MARKERS, ITEMS  OF  PERSONAL  ADORNMENT,  VESSELS,
BEADS, TOOLS, IMPLEMENTS, CEREMONIAL OBJECTS AND OTHER ARTIFACTS.
  (6)  "HUMAN  REMAINS"  MEANS  THE REMAINS OF ANY PART OF THE BODY OF A
DECEASED PERSON.
  (7) "LINEAL DESCENDANT" MEANS A GENEALOGICAL DESCENDANT ESTABLISHED BY
ORAL TRADITION OR WRITTEN RECORD.
  (8) "NATIVE AMERICAN TRIBE" MEANS ANY NATIVE AMERICAN TRIBE, NATION OR
GROUP.
  (9) "STATE ARCHAEOLOGIST" MEANS THE PERSON APPOINTED  TO  SUCH  OFFICE
PURSUANT TO SECTION TWO HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
  (B)  APPLICABILITY.  THIS  SECTION SHALL APPLY TO ALL LANDS WITHIN THE
STATE, EXCEPT FOR LANDS LOCATED UPON  ANY  NATIVE  AMERICAN  RESERVATION
LOCATED WHOLLY OR PARTLY WITHIN THE STATE.
  (C)  NATIVE  AMERICAN  BURIAL  SITE  REVIEW COMMITTEE. THERE IS HEREBY
ESTABLISHED A NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE CONSISTING OF
THE FOLLOWING: ONE MEMBER TO BE APPOINTED BY EACH OF THE NATIVE AMERICAN
TRIBES IN THE STATE AS THE OFFICIAL REPRESENTATIVES FOR THE PURPOSES  OF
THE  NATIVE  AMERICAN  GRAVES PROTECTION AND REPATRIATION ACT; THE STATE
ARCHAEOLOGIST; A FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST; THE  CHAIR
OF  THE  HUMAN  REMAINS  COMMITTEE  OR  OTHER  DESIGNEE  OF THE NEW YORK
ARCHAEOLOGICAL COUNCIL; AND ONE MEMBER WITH EXPERTISE IN  THE  FIELD  OF
HISTORIC  PRESERVATION  APPOINTED  BY  THE COMMISSIONER OF THE OFFICE OF
PARKS, RECREATION AND HISTORIC PRESERVATION. THE COMMITTEE SHALL ELECT A
CHAIRPERSON FROM AMONG ITS MEMBERS.  THE  MEMBERS  WHO  ARE  NOT  PUBLIC

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EMPLOYEES  SHALL  BE  REIMBURSED  BY  THE STATE FOR THEIR REASONABLE AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF  COMMITTEE  FUNCTIONS.
IT  SHALL  BE  THE  FUNCTION  OF  THE  COMMITTEE TO DETERMINE THE LINEAL
DESCENDANTS  AND/OR  CULTURALLY-AFFILIATED  GROUPS  FOR  NATIVE AMERICAN
HUMAN REMAINS AND FUNERARY OBJECTS  SUBJECT  TO  THIS  SECTION,  AND  TO
PROVIDE  NOTICE  TO  SUCH  DESCENDANTS AND/OR GROUPS AS PROVIDED IN THIS
SECTION.  THE STATE ARCHAEOLOGIST SHALL PREPARE, AND THE COMMITTEE SHALL
ADOPT, STANDARD PROCEDURES FOR DETERMINING THE  LINEAL  DESCENDANTS  AND
CULTURALLY-AFFILIATED  GROUPS  FOR  HUMAN  REMAINS  AS  REQUIRED BY THIS
SECTION, INCLUDING ACCEPTABLE TYPES OF PROOF OF SUCH DESCENT AND  AFFIL-
IATION.
  (D)  DISCOVERY  OF BURIAL SITE; REPORTING REQUIREMENTS. (1) ANY PERSON
WHO IN THE COURSE OF ANY GROUND-DISTURBING ACTIVITY DISCOVERS  A  BURIAL
SITE,  HUMAN  REMAINS  OR  FUNERARY  OBJECTS SHALL IMMEDIATELY CEASE ANY
FURTHER DISTURBANCE OF SUCH SITE, REMAINS OR OBJECTS,  AND  SHALL  IMME-
DIATELY  REPORT SUCH DISCOVERY TO THE CORONER OR MEDICAL EXAMINER IN THE
COUNTY IN WHICH THE REMAINS WERE  DISCOVERED.  THE  CORONER  OR  MEDICAL
EXAMINER SHALL WITHIN NINETY-SIX HOURS DETERMINE WHETHER ANY ACTIONS ARE
REQUIRED PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTEEN-A OF THE COUNTY
LAW. IF ANY SUCH REMAINS APPEAR TO THE CORONER OR MEDICAL EXAMINER TO BE
MORE  THAN  FIFTY YEARS OLD, THE CORONER OR MEDICAL EXAMINER SHALL IMME-
DIATELY PROVIDE NOTICE OF THE DISCOVERY OF SUCH  REMAINS  TO  THE  STATE
ARCHAEOLOGIST,  WHO  SHALL  IN TURN CONVEY EACH SUCH NOTICE TO THE OTHER
MEMBERS OF THE COMMITTEE.  ANY INSPECTION OR EXAMINATION SHALL  BE  MADE
IN  SITU  EXCEPT AS NECESSARY TO COMPLY WITH SUCH ARTICLE SEVENTEEN-A OR
TO DETERMINE THE AGE OF THE REMAINS.
  (2) THE STATE ARCHAEOLOGIST, OR SUCH QUALIFIED PERSON AS MAY BE DESIG-
NATED BY THE STATE ARCHAEOLOGIST, SHALL, UPON RECEIVING  NOTICE  FROM  A
CORONER  OR  MEDICAL EXAMINER OF THE DISCOVERY OF HUMAN REMAINS, INSPECT
THE SITE, REMAINS AND/OR OBJECTS WHICH ARE THE SUBJECT OF  SUCH  NOTICE,
PREPARE A REPORT THEREON AND PROVIDE A COPY OF THE REPORT TO THE COMMIT-
TEE.  THE REPORT SHALL BE BASED UPON PHYSICAL EXAMINATION OF THE DISCOV-
ERED BURIAL SITE, REMAINS AND/OR OBJECTS, AND SHALL  CONTAIN  THE  STATE
ARCHAEOLOGIST'S  CONCLUSION  AS  TO  WHETHER  SUCH  SITE, REMAINS AND/OR
OBJECTS MAY BE OF NATIVE AMERICAN ORIGIN. IN PREPARING THE  REPORT,  THE
STATE  ARCHAEOLOGIST MAY SEEK AND OBTAIN ASSISTANCE FROM ANY EMPLOYEE OF
THE REGENTS, FROM THE COMMITTEE, AND FROM THE OFFICE  OF  PARKS,  RECRE-
ATION AND HISTORIC PRESERVATION.
  (E)  DETERMINATION OF AND NOTIFICATION TO LINEAL DESCENDANT OR CULTUR-
ALLY-AFFILIATED GROUP. (1) IF  THE  STATE  ARCHAEOLOGIST,  THE  FORENSIC
ANTHROPOLOGIST  OR  BIOARCHAEOLOGIST,  AND  THE COMMITTEE AGREE THAT THE
BURIAL SITE DOES NOT WHOLLY OR PARTLY CONTAIN HUMAN REMAINS OR  FUNERARY
OBJECTS THAT ARE OF NATIVE AMERICAN ORIGIN, IT SHALL BE THE RESPONSIBIL-
ITY  OF  THE  STATE  ARCHAEOLOGIST TO DETERMINE, AS SOON AS PRACTICABLE,
WHETHER THERE IS  ANY  REASONABLY  ASCERTAINABLE  LINEAL  DESCENDANT  OR
CULTURALLY-AFFILIATED  GROUP  WITH  RESPECT  TO  SUCH  SITE,  REMAINS OR
OBJECTS AND, IMMEDIATELY UPON  MAKING  SUCH  DETERMINATION,  TO  PROVIDE
NOTICE TO SUCH DESCENDANTS OR GROUP OF THE REPORTED DISCOVERY.
  (2)  IF THE STATE ARCHAEOLOGIST, THE FORENSIC ANTHROPOLOGIST OR BIOAR-
CHAEOLOGIST, AND THE COMMITTEE AGREE THAT  THE  BURIAL  SITE  WHOLLY  OR
PARTLY  CONTAINS HUMAN REMAINS OR FUNERARY OBJECTS THAT MAY BE OF NATIVE
AMERICAN ORIGIN, IT SHALL BE THE  RESPONSIBILITY  OF  THE  COMMITTEE  TO
DETERMINE  THE  LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUPS. SUCH
DETERMINATION SHALL BE MADE AS SOON AS PRACTICABLE AFTER  THE  COMMITTEE
RECEIVES  A  REPORT  FROM  THE STATE ARCHAEOLOGIST CONCERNING THE BURIAL
SITE. IMMEDIATELY UPON MAKING SUCH DETERMINATION,  THE  COMMITTEE  SHALL

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PROVIDE  WRITTEN  NOTIFICATION  TO  SUCH  DESCENDANTS  OR  GROUPS OF THE
REPORTED DISCOVERY.
  (3)  THE  COMMITTEE  SHALL  HAVE  STEWARDSHIP OF NATIVE AMERICAN HUMAN
REMAINS AND FUNERARY OBJECTS FROM THE TIME IT RECEIVES NOTIFICATION FROM
THE STATE ARCHAEOLOGIST PURSUANT TO PARAGRAPH (D) OF THIS SECTION  UNTIL
THE  LINEAL  DESCENDANTS  AND/OR  CULTURALLY-AFFILIATED  GROUPS  RECEIVE
NOTIFICATION FROM THE COMMITTEE PURSUANT TO  THIS  PARAGRAPH,  AT  WHICH
TIME  SUCH  LINEAL DESCENDANTS AND/OR CULTURALLY-AFFILIATED GROUPS SHALL
HAVE THE RIGHT  OF  POSSESSION  AND  STEWARDSHIP  OF  SUCH  REMAINS  AND
OBJECTS.  UPON NOTIFICATION TO SUCH LINEAL DESCENDANTS OR CULTURALLY-AF-
FILIATED  GROUPS  PURSUANT TO THIS PARAGRAPH, OWNERSHIP OF AND RESPONSI-
BILITY FOR THE HUMAN REMAINS AND FUNERARY OBJECTS SHALL VEST EXCLUSIVELY
IN SUCH DESCENDANTS OR GROUPS, WHICH SHALL HAVE EXCLUSIVE  AUTHORITY  TO
DETERMINE THEIR DISPOSITION.
  (4)  THE  COMMITTEE SHALL ESTABLISH PROCEDURES FOR MAKING THE DETERMI-
NATION AS TO WHETHER DISCOVERED HUMAN REMAINS OR FUNERARY OBJECTS MAY BE
OF NATIVE AMERICAN ORIGIN WHEN THE STATE ARCHAEOLOGIST AND THE COMMITTEE
CAN NOT COME TO AGREEMENT.
  (5) WHERE A BURIAL SITE CONTAINS BOTH NATIVE AMERICAN  AND  NON-NATIVE
AMERICAN  HUMAN  REMAINS  OR  FUNERARY  OBJECTS,  THE COMMITTEE SHALL BE
RESPONSIBLE FOR THE NATIVE AMERICAN BURIALS AT THE SITE, AND  THE  STATE
ARCHAEOLOGIST SHALL BE RESPONSIBLE FOR ALL OTHER BURIALS AT THE SITE.
  (F)  DISPOSITION  OF  REMAINS  AND  OBJECTS. (1) WITHIN TEN DAYS AFTER
NOTIFICATION BY THE  STATE  ARCHAEOLOGIST  TO  A  LINEAL  DESCENDANT  OR
CULTURALLY-AFFILIATED  GROUP,  OTHER THAN A NATIVE AMERICAN TRIBE OF THE
DISCOVERY OF A BURIAL SITE, THE DESCENDANT OR  GROUP  SHALL  ADVISE  THE
STATE  ARCHAEOLOGIST  AS  TO THE PREFERRED DISPOSITION OF THE DISCOVERED
REMAINS OR OBJECTS. THE STATE ARCHAEOLOGIST SHALL TO THE MAXIMUM  EXTENT
PRACTICABLE  FACILITATE SUCH PREFERRED DISPOSITION, WHICH MAY CONSIST OF
REINTERMENT AND PROTECTION  OF  THE  BURIAL  SITE  OR  DISINTERMENT  AND
REBURIAL OR OTHER DISPOSITION AS DETERMINED.
  (2)  WITHIN  TEN  DAYS AFTER NOTIFICATION BY THE COMMITTEE TO A LINEAL
DESCENDANT OR CULTURALLY-AFFILIATED GROUP OF THE DISCOVERY OF  A  BURIAL
SITE,  THE  DESCENDANT OR GROUP SHALL ADVISE THE COMMITTEE IN WRITING AS
TO THE PREFERRED DISPOSITION OF THE DISCOVERED REMAINS OR  OBJECTS.  THE
COMMITTEE  SHALL  TO  THE  MAXIMUM  EXTENT  PRACTICABLE  FACILITATE SUCH
PREFERRED DISPOSITION, WHICH MAY CONSIST OF REINTERMENT  AND  PROTECTION
OF  THE BURIAL SITE OR DISINTERMENT AND REBURIAL OR OTHER DISPOSITION AS
DETERMINED.
  (G) DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS, GENERALLY.  (1)
EXCEPT  AS  NECESSARY  TO CARRY OUT THE PURPOSES OF THIS SECTION, BURIAL
SITES, HUMAN REMAINS AND FUNERARY OBJECTS SHALL REMAIN UNDISTURBED AFTER
DISCOVERY.
  (2) UNLESS EXPRESS CONTRARY DIRECTION IS GIVEN  BY  THE  COMMITTEE,  A
CULTURALLY-AFFILIATED  GROUP OR LINEAL DESCENDANT, THE PRESUMED DISPOSI-
TION OF HUMAN REMAINS AND FUNERARY OBJECTS SHALL  BE  THAT  THEY  REMAIN
UNDISTURBED  WHERE BURIED, EXCEPT AS PROVIDED IN SUBPARAGRAPHS THREE AND
FOUR OF THIS PARAGRAPH.
  (3) NOTWITHSTANDING SUBPARAGRAPH TWO OF THIS PARAGRAPH, WHERE THERE IS
NO PRACTICABLE MEANS OF MODIFYING THE ACTIVITY WHICH LED TO THE  DISCOV-
ERY  OF  A  BURIAL  SITE,  HUMAN REMAINS OR FUNERARY OBJECTS IN ORDER TO
AVOID DISTURBING SUCH SITE, REMAINS OR OBJECTS, THE REMAINS  OR  OBJECTS
SHALL  BE  REMOVED  AND DISPOSITION BE DETERMINED IN ACCORDANCE WITH THE
DIRECTIONS OF THE  COMMITTEE,  CULTURALLY-AFFILIATED  GROUP,  OR  LINEAL
DESCENDANT.

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  (4)  NOTWITHSTANDING  SUBPARAGRAPH  TWO  OF  THIS PARAGRAPH, WHERE THE
STATE ARCHAEOLOGIST AND THE COMMITTEE HAVE BEEN UNABLE TO  IDENTIFY  THE
LINEAL  DESCENDANT  OR  CULTURALLY-AFFILIATED GROUP FOR HUMAN REMAINS OR
FUNERARY OBJECTS, THE STATE ARCHAEOLOGIST SHALL DETERMINE THE  APPROPRI-
ATE DISPOSITION OF SUCH REMAINS OR OBJECTS.
  (H)  PENALTIES.  (1) ANY PERSON WHO FAILS TO REPORT THE DISCOVERY OF A
BURIAL SITE, HUMAN REMAINS OR FUNERARY OBJECTS AS REQUIRED BY  PARAGRAPH
(D) OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AS DEFINED
IN THE PENAL LAW.
  (2)  ANY  PERSON  OTHER  THAN  THE STATE ARCHAEOLOGIST, OR A PERSON OR
GROUP WITH A  RIGHT  OF  POSSESSION  OR  STEWARDSHIP  PURSUANT  TO  THIS
SECTION,  OR A DESIGNEE THEREOF, WHO INTENTIONALLY REMOVES HUMAN REMAINS
OR FUNERARY OBJECTS FROM A BURIAL SITE SHALL BE  GUILTY  OF  A  CLASS  A
MISDEMEANOR, AS DEFINED IN THE PENAL LAW.
  (3) ANY PERSON WHO DEFACES OR DESTROYS A BURIAL SITE, HUMAN REMAINS OR
FUNERARY  OBJECTS,  OR  WHO  POSSESSES HUMAN REMAINS OR FUNERARY OBJECTS
WITH INTENT TO SELL SUCH REMAINS OR ARTIFACTS, OR WHO SELLS OR  ATTEMPTS
TO  SELL HUMAN REMAINS OR FUNERARY OBJECTS, SHALL BE GUILTY OF A CLASS E
FELONY, AS DEFINED IN THE PENAL LAW.
  (I) ENFORCEMENT. THE ATTORNEY GENERAL OR ANY AGGRIEVED PARTY,  INCLUD-
ING  THE  COMMITTEE  AND  ANY LINEAL DESCENDANT OR CULTURALLY-AFFILIATED
GROUP, MAY BRING AN ACTION IN SUPREME COURT  IN  THE  JUDICIAL  DISTRICT
WHERE  THE  REMAINS  OR  OBJECTS  COVERED BY THIS SECTION ARE LOCATED TO
ENJOIN VIOLATIONS OR THREATENED  VIOLATIONS  OF  THIS  SECTION,  AND  TO
RECOVER  SUCH REMAINS OR OBJECTS, AND IN THE CASE OF AN AGGRIEVED PARTY,
COMPENSATORY AND PUNITIVE DAMAGES FOR SUCH VIOLATION.
  S 5. Section 235 of the education law is amended to read as follows:
  S 235. State science service.    There  shall  be  maintained  in  the
university  a  science service which shall be known as the state science
service and the state geologist, paleontologist, botanist  [and],  ento-
mologist,  AND  ARCHAEOLOGIST  shall  constitute its staff together with
such other scientists as the regents may employ or who are now  employed
by  them.   This service is empowered and directed to make available its
services to all the departments of the state, and the residents  of  the
state  under such rules and regulations as the regents may prescribe and
is empowered to engage in such scientific research as directed by law or
by the regents and shall cooperate with scientific units or agencies  of
other  states,  the  federal  government,  educational  institutions and
industry in the discovery,  analysis  and  dissemination  of  scientific
information.   The director of the state museum shall also be the direc-
tor and head of the state science service and the staff of  the  service
shall be members of the staff of the state museum.
  S  6. Section 14.09 of the parks, recreation and historic preservation
law is amended by adding a new subdivision 3 to read as follows:
  3. PRIOR TO THE PREPARATION OR APPROVAL OF THE FINAL DESIGN OR PLAN OF
ANY PROJECT UNDERTAKEN BY A STATE AGENCY, OR PRIOR TO THE FUNDING OF ANY
PROJECT BY A STATE AGENCY, OR PRIOR TO AN ACTION OF APPROVAL OR ENTITLE-
MENT OF ANY PRIVATE PROJECT BY A STATE AGENCY, THE AGENCY'S PRESERVATION
OFFICER SHALL PERFORM A DILIGENT INQUIRY TO DETERMINE WHETHER ANY ASPECT
OF THE PROJECT MAY OR WILL EFFECT A DISTURBANCE OF A KNOWN OR  SUSPECTED
BURIAL  SITE  FOR  WHICH  A CULTURALLY-AFFILIATED NATIVE AMERICAN TRIBE,
GROUP OR LINEAL DESCENDENT CAN BE IDENTIFIED. THE TERMS  "BURIAL  SITE",
"CULTURALLY-AFFILIATED"  AND "NATIVE AMERICAN TRIBE" SHALL HAVE THE SAME
MEANINGS AS ASCRIBED TO SUCH TERMS IN PARAGRAPH (A) OF  SECTION  FIFTEEN
HUNDRED  EIGHTEEN  OF THE NOT-FOR-PROFIT CORPORATION LAW.  IN SUCH EVENT
SUCH OFFICER SHALL NOTIFY SUCH NATIVE  AMERICAN  TRIBE  AND  THE  NATIVE

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AMERICAN  BURIAL  SITE  REVIEW  COMMITTEE ESTABLISHED BY SECTION FIFTEEN
HUNDRED EIGHTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW AND CONSULT  WITH
THE TRIBE AND SUCH COMMITTEE TO DETERMINE HOW TO AVOID SUCH DISTURBANCE.
  S  7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.