S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  630--A
     Cal. No. 447
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, KENNEDY -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Corporations,
   Authorities and Commissions -- reported favorably from said committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to amend the not-for-profit corporation law, the executive law,
   and the education law, in relation to the discovery and disposition of
   human remains and funerary objects
 
   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".
   § 2. 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 SUBDIVISION ONE OF SECTION ONE HUNDRED  SEVENTY-ONE  OF
 THE EXECUTIVE LAW.
   § 3. Article 7 of the executive law is amended by adding a new section
 171 to read as follows:
   § 171. DISCOVERY   AND  DISPOSITION  OF  HUMAN  REMAINS  AND  FUNERARY
 OBJECTS. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "BURIAL SITE" MEANS ANY LOCATION IN WHICH HUMAN REMAINS ARE INTER-
 RED, WHICH IS NOT A CEMETERY SUBJECT TO PROVISIONS OF THE NOT-FOR-PROFIT
 CORPORATION LAW, THE RELIGIOUS CORPORATIONS LAW, THE  GENERAL  MUNICIPAL
 LAW, THE COUNTY LAW, THE TOWN LAW OR THE VILLAGE LAW.
   (B) "COMMITTEE" MEANS THE NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE
 CREATED BY SUBDIVISION THREE OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02745-04-3
              

 S. 630--A                           2
 
   (C)  "CULTURALLY-AFFILIATED GROUP" MEANS ANY GROUP, INCLUDING A NATIVE
 AMERICAN NATION OR TRIBE, WHOSE PAST OR PRESENT  GOVERNMENT,  OR  TRADI-
 TIONAL  CULTURE  OR RELIGION, WAS OR IS AFFILIATED WITH HUMAN REMAINS OR
 FUNERARY OBJECTS WHICH ARE THE SUBJECT OF THIS SECTION.
   (D) "FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST" MEANS A PERSON QUAL-
 IFIED  IN  THE  MEDICOLEGAL OR OSTEOLOGICAL INVESTIGATION/EXAMINATION OF
 HUMAN SKELETAL REMAINS.
   (E) "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.
   (F) "HUMAN REMAINS" MEANS THE REMAINS OF ANY PART OF  THE  BODY  OF  A
 DECEASED PERSON, EXCLUDING TEETH.
   (G) "LINEAL DESCENDANT" MEANS A GENEALOGICAL DESCENDANT ESTABLISHED BY
 ORAL TRADITION, TRADITIONAL INDIGENOUS KNOWLEDGE, OR WRITTEN RECORD.
   (H) "NATIVE AMERICAN NATION OR TRIBE" MEANS ANY NATIVE AMERICAN TRIBE,
 NATION OR GROUP.
   (I)  "STATE  ARCHAEOLOGIST"  MEANS THE PERSON APPOINTED TO SUCH OFFICE
 PURSUANT TO SECTION TWO HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
   2. APPLICABILITY. (A) THIS SECTION SHALL APPLY TO ALL LANDS WITHIN THE
 STATE OTHER THAN THOSE SPECIFIED IN  PARAGRAPHS  (B)  AND  (C)  OF  THIS
 SUBDIVISION, EXCEPT FOR LANDS LOCATED UPON ANY NATIVE AMERICAN TERRITORY
 OR RESERVATION LOCATED WHOLLY OR PARTLY WITHIN THE STATE.
   (B)  SUBDIVISIONS  THREE,  FOUR,  FIVE, SIX, AND SEVEN OF THIS SECTION
 SHALL NOT APPLY TO LANDS LOCATED UPON ANY NATIVE AMERICAN  TERRITORY  OR
 RESERVATION LOCATED WHOLLY OR PARTLY WITHIN THE STATE.
   (C)  SUBDIVISIONS  THREE,  FOUR,  FIVE, SIX, AND SEVEN OF THIS SECTION
 SHALL NOT APPLY TO ANY  PROJECT  THAT  HAS  BEEN  REVIEWED  PURSUANT  TO
 SECTION 14.09 OF THE PARKS, RECREATION, AND HISTORIC PRESERVATION LAW OR
 TO  STATE  PARTICIPATION IN ANY REVIEW CONDUCTED PURSUANT TO SECTION 106
 OF THE NATIONAL HISTORIC PRESERVATION ACT.  IF  ANY  HUMAN  REMAINS  ARE
 DISCOVERED  DURING  THE  PROJECT, THE APPLICANT SHALL IMMEDIATELY NOTIFY
 THE STATE ARCHAEOLOGIST.
   3. NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE. (A) THERE  IS  HEREBY
 ESTABLISHED A NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE CONSISTING OF
 THE FOLLOWING:
   (I) ONE MEMBER TO BE APPOINTED BY EACH OF THE RECOGNIZED NATIVE AMERI-
 CAN NATIONS OR TRIBES IN THE STATE;
   (II) THE STATE ARCHAEOLOGIST;
   (III)  A  FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST APPOINTED BY THE
 EXECUTIVE DIRECTOR OF THE NEW YORK STATE MUSEUM;
   (IV) THE CHAIR OF THE HUMAN REMAINS COMMITTEE OR OTHER DESIGNEE OF THE
 NEW YORK ARCHAEOLOGICAL COUNCIL; AND
   (V) ONE MEMBER WITH EXPERTISE IN THE FIELD  OF  HISTORIC  PRESERVATION
 APPOINTED  BY  THE  COMMISSIONER  OF THE OFFICE OF PARKS, RECREATION AND
 HISTORIC PRESERVATION.
   (B) THE COMMITTEE SHALL ELECT A CHAIRPERSON FROM  AMONG  ITS  MEMBERS.
 THE  MEMBERS  WHO  ARE  NOT  PUBLIC EMPLOYEES SHALL BE REIMBURSED BY THE
 STATE FOR THEIR REASONABLE, NECESSARY EXPENSES INCURRED IN THE  PERFORM-
 ANCE OF COMMITTEE FUNCTIONS.  THREE-FIFTHS OF THE MEMBERS OF THE COMMIT-
 TEE  SHALL  CONSTITUTE  A QUORUM FOR THE PURPOSE OF CONDUCTING THE BUSI-
 NESS. A MAJORITY VOTE OF ALL MEMBERS WHO HAVE BEEN APPOINTED OR WHO  ARE
 SERVING  EX-OFFICIO  SHALL BE NECESSARY FOR ACTION. ANY VACANCY SHALL BE
 FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
   (C) IT SHALL BE THE FUNCTION OF THE COMMITTEE TO DETERMINE THE  LINEAL
 DESCENDANTS  AND/OR  CULTURALLY-AFFILIATED  GROUPS  FOR  NATIVE AMERICAN
 S. 630--A                           3
 
 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. SUCH PROCEDURES SHALL  INCLUDE  DISPUTE  RESOLUTION  METHODS  TO
 RESOLVE DISAGREEMENTS AMONG THE COMMITTEE MEMBERS.
   4.  DISCOVERY  OF  BURIAL SITE; REPORTING REQUIREMENTS. (A) 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 EXAMIN-
 ER  TO  BE  MORE  THAN  FIFTY YEARS OLD, THE CORONER OR MEDICAL EXAMINER
 SHALL IMMEDIATELY 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.  IF NO ACTION IS REQUIRED UNDER ARTICLE
 SEVENTEEN-A OF THE COUNTY LAW, OR ONCE SUCH ACTIONS ARE  UNDERTAKEN  AND
 NO FURTHER ACTION IS REQUIRED, THE STATE ARCHAEOLOGIST AND THE COMMITTEE
 MAY  COMMENCE THEIR INSPECTION OR EXAMINATION OF THE REMAINS OR OBJECTS.
 ANY INSPECTION OR EXAMINATION SHALL BE MADE IN SITE EXCEPT AS  NECESSARY
 TO  COMPLY  WITH SUCH ARTICLE SEVENTEEN-A, THIS SECTION, OR TO DETERMINE
 THE AGE OF THE REMAINS.  THE STATE ARCHAEOLOGIST AND THE COMMITTEE   MAY
 USE  GROUND PENETRATING RADAR OR OTHER PERTINENT TECHNOLOGY OR EQUIPMENT
 ON ANY PORTION OF THE PROJECT SITE THAT  HAS  YET  TO  BE  DISTURBED  TO
 DETERMINE IF ANY OTHER REMAINS EXIST WITHIN THE PROJECT SITE.
   (B) 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.
 WITHIN TEN DAYS OF RECEIVING SUCH NOTICE, THE STATE ARCHAEOLOGIST  SHALL
 PREPARE A REPORT THEREON AND PROVIDE A COPY OF THE REPORT TO THE COMMIT-
 TEE  AND TO THE PROPERTY OWNER.  THE REPORT SHALL BE BASED UPON PHYSICAL
 EXAMINATION OF THE DISCOVERED 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  THE
 EVENT THE STATE ARCHAEOLOGIST DETERMINES THERE IS A REASONABLE POSSIBIL-
 ITY THE SITE CONTAINS MULTIPLE REMAINS, AN ADDITIONAL PERIOD OF TEN DAYS
 MAY  BE  PROVIDED FOR ASSESSMENT BY THE STATE ARCHAEOLOGIST IN CONSULTA-
 TION WITH THE CULTURALLY-AFFILIATED GROUP TO DETERMINE THE PARAMETERS OF
 THE SITE.  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, RECREATION AND HISTORIC PRESERVATION.
   (C)  THE  COMMITTEE  MAY RECOMMEND TO THE OFFICE OF PARKS, RECREATION,
 AND HISTORIC PRESERVATION THAT THE SITE SHOULD BE DESIGNATED AS A  PLACE
 OF HISTORIC INTEREST UNDER SECTION TWELVE-A OF THE INDIAN LAW.
   5.  DETERMINATION OF AND NOTIFICATION TO LINEAL DESCENDANTS OR CULTUR-
 ALLY-AFFILIATED GROUPS. (A) 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,
 S. 630--A                           4
 
 WHETHER THERE ARE ANY REASONABLY  ASCERTAINABLE  LINEAL  DESCENDANTS  OR
 CULTURALLY-AFFILIATED  GROUPS  WITH  RESPECT  TO  SUCH  SITE, REMAINS OR
 OBJECTS AND, IMMEDIATELY UPON  MAKING  SUCH  DETERMINATION,  TO  PROVIDE
 NOTICE TO SUCH DESCENDANTS OR GROUPS OF THE REPORTED DISCOVERY.
   (B)  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
 PROVIDE  NOTIFICATION  TO  SUCH  DESCENDANTS  OR  GROUPS OF THE REPORTED
 DISCOVERY.
   (C) 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 SUBDIVISION FOUR OF THIS SECTION
 UNTIL THE LINEAL DESCENDANTS AND/OR CULTURALLY-AFFILIATED GROUPS RECEIVE
 NOTIFICATION FROM THE COMMITTEE PURSUANT TO THIS SUBDIVISION,  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 SUBDIVISION, 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 SUBJECT TO THE PROVISIONS OF THIS SECTION.
   (D) THE STATE ARCHAEOLOGIST SHALL HAVE STEWARDSHIP OF NON-NATIVE AMER-
 ICAN HUMAN REMAINS AND FUNERARY OBJECTS FROM THE TIME HE OR SHE RECEIVES
 NOTIFICATION FROM THE CORONER OR MEDICAL EXAMINER PURSUANT  TO  SUBDIVI-
 SION  FOUR OF THIS SECTION UNTIL THE LINEAL DESCENDANTS AND/OR CULTURAL-
 LY-AFFILIATED GROUPS RECEIVE NOTIFICATION FROM THE  STATE  ARCHAEOLOGIST
 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-AFFILIATED  GROUPS  PURSUANT TO THIS
 SUBDIVISION, OWNERSHIP OF AND RESPONSIBILITY FOR THE HUMAN  REMAINS  AND
 FUNERARY  OBJECTS  SHALL VEST EXCLUSIVELY IN SUCH DESCENDANTS OR GROUPS,
 WHICH SHALL HAVE EXCLUSIVE  AUTHORITY  TO  DETERMINE  THEIR  DISPOSITION
 SUBJECT TO THE PROVISIONS OF THIS SECTION.
   (E)  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.
 ONCE  STEWARDSHIP  OF  EACH IS DETERMINED, THE PROCEDURES ESTABLISHED IN
 PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION SHALL APPLY.
   6. DISPOSITION OF REMAINS AND  OBJECTS.  (A)  WITHIN  TEN  DAYS  AFTER
 RECEIVING  NOTIFICATION  FROM THE STATE ARCHAEOLOGIST TO LINEAL DESCEND-
 ANTS OR A CULTURALLY-AFFILIATED GROUP,  OTHER  THAN  A  NATIVE  AMERICAN
 NATION  OR  TRIBE, OF THE DISCOVERY OF A BURIAL SITE, THE DESCENDANTS OR
 GROUP SHALL  ADVISE  THE  STATE  ARCHAEOLOGIST  IN  WRITING  AS  TO  THE
 PREFERRED  DISPOSITION  OF  THE DISCOVERED REMAINS OR OBJECTS, WHICH MAY
 INCLUDE A REQUEST TO PROTECT THE BURIAL SITE AND KEEP THE REMAINS INTER-
 RED WHERE THEY WERE FOUND.  THE STATE ARCHAEOLOGIST SHALL  CONSULT  WITH
 THE  PROPERTY  OWNER  TO  TRY  TO  FACILITATE  THE REQUEST OF THE LINEAL
 DESCENDANTS OR CULTURALLY-AFFILIATED GROUP.
 S. 630--A                           5
 
   (B) WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM THE  COMMITTEE
 TO  A  LINEAL DESCENDANT OR CULTURALLY-AFFILIATED GROUP OF THE DISCOVERY
 OF A BURIAL SITE, THE DESCENDANTS OR GROUP SHALL ADVISE THE COMMITTEE IN
 WRITING AS TO THE PREFERRED DISPOSITION OF  THE  DISCOVERED  REMAINS  OR
 OBJECTS, WHICH MAY INCLUDE A REQUEST TO PROTECT THE BURIAL SITE AND KEEP
 THE  REMAINS INTERRED WHERE THEY WERE FOUND. THE COMMITTEE SHALL CONSULT
 WITH THE PROPERTY OWNER TO TRY TO FACILITATE THE REQUEST OF  THE  LINEAL
 DESCENDANTS OR CULTURALLY-AFFILIATED GROUP.
   (C)  NO  LATER THAN TEN DAYS AFTER RECEIVING THE REPORT FROM THE STATE
 ARCHAEOLOGIST PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE PROPERTY
 OWNER SHALL INFORM THE STATE ARCHAEOLOGIST OF THEIR RECOMMENDATION  WITH
 RESPECT TO THE INTERMENT OF THE REMAINS ON THEIR PROPERTY. IF A PROPERTY
 OWNER  FAILS  TO NOTIFY THE STATE ARCHAEOLOGIST OF THEIR RECOMMENDATION,
 THE STATE ARCHAEOLOGIST OR THE COMMITTEE, AS APPROPRIATE, SHALL ABIDE BY
 THE DECISION OF THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP.
   7. DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS,  GENERALLY.  (A)
 THE  PROPERTY OWNER, THEIR AGENTS, ASSIGNEES, EMPLOYEES, FAMILY MEMBERS,
 FRIENDS, ACQUAINTANCES, OR ANY OTHER INDIVIDUALS  ACTING  ON  BEHALF  OF
 SUCH  PROPERTY  OWNER, OTHER THAN THE STATE ARCHEOLOGIST OR A REGISTERED
 PROFESSIONAL ARCHAEOLOGIST PURSUANT TO PARAGRAPH (D)  OF  THIS  SUBDIVI-
 SION,  ARE  STRICTLY  PROHIBITED  FROM MOVING, RELOCATING, TRANSFERRING,
 SELLING, POSSESSING, TOUCHING, HANDLING, OR OTHERWISE DISTURBING, IN ANY
 MANNER, ALL HUMAN REMAINS AND FUNERARY OBJECTS THAT  ARE  DISCOVERED  ON
 SITE.    EXCEPT  AS NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION,
 BURIAL SITES, HUMAN REMAINS AND FUNERARY  OBJECTS  SHALL  REMAIN  UNDIS-
 TURBED  AFTER  DISCOVERY  AND  DURING  THE  PROCESS  ESTABLISHED BY THIS
 SECTION.
   (B) WHILE THE DISPOSITION OF THE REMAINS SHALL BE  DETERMINED  BY  THE
 LINEAL  DESCENDANTS  OR  CULTURALLY-AFFILIATED  GROUP,  AND THE PROPERTY
 OWNER, THE PREFERRED DISPOSITION AS A MATTER OF POLICY IS  TO  HAVE  THE
 REMAINS STAY INTERRED WHERE THEY ARE DISCOVERED.
   (C) (I) IF THE LINEAL DESCENDANTS, OR CULTURALLY-AFFILIATED GROUP, AND
 THE  PROPERTY  OWNER  AGREE  THAT  THE  REMAINS SHALL STAY INTERRED, THE
 COMMITTEE OR STATE ARCHAEOLOGIST, AS APPROPRIATE, SHALL ESTABLISH A PLAN
 OF ACTION FOR THE PRESERVATION AND PROTECTION OF THE REMAINS.
   (II) IF THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP REQUESTS
 THAT THE REMAINS BE EXCAVATED AND MOVED TO  A  DIFFERENT  LOCATION,  THE
 COMMITTEE OR STATE ARCHAEOLOGIST, AS APPROPRIATE, SHALL ESTABLISH A PLAN
 OF  ACTION  FOR  THE RESPECTFUL, DIGNIFIED EXCAVATION AND REMOVAL OF THE
 REMAINS.
   (III)  IF  THE  LINEAL  DESCENDANTS  OR  CULTURALLY-AFFILIATED   GROUP
 REQUESTS THAT THE REMAINS STAY INTERRED, BUT THE PROPERTY OWNER REQUESTS
 THAT  THE  REMAINS  BE REMOVED, THE COMMITTEE OR STATE ARCHAEOLOGIST, AS
 APPROPRIATE, SHALL ESTABLISH A PLAN OF ACTION FOR THE RESPECTFUL, DIGNI-
 FIED EXCAVATION AND REMOVAL OF  THE  REMAINS.  THE  COMMITTEE  OR  STATE
 ARCHAEOLOGIST MAY, PRIOR TO THE EXECUTION OF THE PLAN OF ACTION, CONSULT
 WITH  THE  PROPERTY  OWNER  IN  AN ATTEMPT TO REALIZE THE REQUEST OF THE
 LINEAL DESCENDANTS OR  CULTURALLY-AFFILIATED  GROUP.  THE  COMMITTEE  OR
 STATE ARCHAEOLOGIST MAY USE A MEDIATOR AS PART OF THIS PROCESS.
   (D)  (I)  IF  THE  PLAN  OF ACTION HAS NOT BEEN IMPLEMENTED WITHIN ONE
 HUNDRED EIGHTY DAYS OF THE ISSUANCE OF THE REPORT BY THE STATE ARCHAEOL-
 OGIST PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE  PROPERTY  OWNER
 SHALL  ENGAGE  A  REGISTERED PROFESSIONAL ARCHAEOLOGIST, REGISTERED WITH
 THE REGISTER OF PROFESSIONAL ARCHAEOLOGISTS AND  WHO  PRACTICES  IN  THE
 FIELD OF BIOARCHAEOLOGY OR FORENSIC ANTHROPOLOGY, TO EXCAVATE AND REMOVE
 THE REMAINS IN A RESPECTFUL AND DIGNIFIED MANNER. THE CULTURALLY-AFFILI-
 S. 630--A                           6
 
 ATED GROUP SHALL HAVE THE RIGHT TO HAVE A CULTURAL MONITOR ON SITE PRIOR
 TO  AND  DURING  ANY EXCAVATION AND REMOVAL OF HUMAN REMAINS OR FUNERARY
 OBJECTS.
   (II)  IF THE PLAN OF ACTION HAS BEEN SUBSTANTIALLY IMPLEMENTED BUT NOT
 COMPLETED WITHIN THE ONE HUNDRED EIGHTY-DAY  PERIOD,  THE  COMMITTEE  OR
 STATE  ARCHAEOLOGIST  MAY HAVE AN ADDITIONAL THIRTY DAYS TO COMPLETE THE
 EXCAVATION AND REMOVAL.  THE STATE ARCHAEOLOGIST, IN  CONSULTATION  WITH
 THE  COMMITTEE,  WHERE  APPROPRIATE, SHALL DETERMINE WHETHER THE PLAN OF
 ACTION HAS BEEN SUBSTANTIALLY IMPLEMENTED.
   (III) ANY EXCAVATION AND REMOVAL CAUSED BY THE PROPERTY OWNER PURSUANT
 TO THIS PARAGRAPH SHALL BE DONE AT THE EXPENSE OF THE PROPERTY OWNER AND
 SHALL BE PERFORMED AND SUPERVISED BY THE STATE  ARCHEOLOGIST,  A  REGIS-
 TERED  ARCHAEOLOGIST, OR A REGISTERED PROFESSIONAL ARCHAEOLOGIST, REGIS-
 TERED WITH THE REGISTER OF PROFESSIONAL ARCHAEOLOGISTS AND WHO PRACTICES
 IN THE FIELD OF BIOARCHAEOLOGY OR FORENSIC ANTHROPOLOGY.  THE  CULTURAL-
 LY-AFFILIATED GROUP MAY SELECT A CULTURAL MONITOR TO SUPERVISE THE WORK.
 SUCH  ARCHAEOLOGIST SHALL REVIEW THE ESTABLISHED PLAN OF ACTION WITH THE
 STATE ARCHAEOLOGIST OR THE COMMITTEE, AS APPROPRIATE, AND ACT IN ACCORD-
 ANCE WITH THAT PLAN. ONLY THE  STATE  ARCHAEOLOGIST  OR  THE  REGISTERED
 ARCHAEOLOGIST  OR REGISTERED PROFESSIONAL ARCHAEOLOGIST HIRED TO PERFORM
 THE EXCAVATION PURSUANT TO THIS SUBPARAGRAPH MAY HAVE  PHYSICAL  CONTACT
 WITH OR OTHERWISE DISTURB THE REMAINS OR BURIAL SITE.
   (IV)  THE  STATE ARCHAEOLOGIST SHALL MAKE HIMSELF OR HERSELF AVAILABLE
 TO THE REGISTERED ARCHAEOLOGIST OR REGISTERED PROFESSIONAL ARCHAEOLOGIST
 FORTHWITH FOR THE PURPOSES OF DISCUSSING THE ESTABLISHED PLAN OF  ACTION
 FOR  THE  SITE.  IF  THE  STATE  ARCHAEOLOGIST  FAILS TO MAKE HIMSELF OR
 HERSELF AVAILABLE FORTHWITH, THE REGISTERED ARCHAEOLOGIST OR  REGISTERED
 PROFESSIONAL ARCHAEOLOGIST MAY PROCEED WITH THE EXCAVATION AND REMOVAL.
   (V)  IF NO PLAN OF ACTION HAS BEEN ESTABLISHED PRIOR TO THE EXPIRATION
 OF THE ONE HUNDRED EIGHTY-DAY PERIOD, THE  REGISTERED  ARCHAEOLOGIST  OR
 REGISTERED  PROFESSIONAL  ARCHAEOLOGIST  MAY PROCEED WITH THE EXCAVATION
 AND REMOVAL IN A PROFESSIONAL, RESPECTFUL, DIGNIFIED MANNER.
   (VI)  ANY REMAINS OR FUNERARY OBJECTS EXCAVATED FROM  THE  SITE  AS  A
 RESULT  OF  THE  IMPLEMENTATION OF THE PROCESS ESTABLISHED BY THIS PARA-
 GRAPH SHALL BE DEPOSITED WITH THE NEW YORK STATE MUSEUM FOR DISPOSITION.
   (E) IF THE STATE ARCHAEOLOGIST AND THE COMMITTEE HAVE BEEN  UNABLE  TO
 IDENTIFY THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP FOR HUMAN
 REMAINS OR FUNERARY OBJECTS, THE STATE ARCHAEOLOGIST SHALL TAKE STEWARD-
 SHIP  OF  THE  REMAINS  AND  DETERMINE  THEIR APPROPRIATE DISPOSITION IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   (F) NOTWITHSTANDING ANY CONFLICTING PROVISION OF PARAGRAPH (D) OF THIS
 SUBDIVISION, FOR PROJECT SITES THAT CONTAIN THE REMAINS OF SIX  OR  MORE
 INDIVIDUALS,  IF THE STATE ARCHAEOLOGIST DETERMINES THAT ADDITIONAL TIME
 IS NECESSARY FOR THE EXCAVATION OF SUCH SITE,  AN  ADDITIONAL  SIXTY-DAY
 PERIOD  MAY  BE ADDED BEFORE THE REMAINS CAN BE EXCAVATED AND REMOVED BY
 THE PROPERTY OWNER. IF THE STATE ARCHEOLOGIST  CONTINUES  TO  FIND  THAT
 ADDITIONAL TIME IS NECESSARY, THE PERIOD BEFORE REMAINS CAN BE EXCAVATED
 AND  REMOVED  BY  THE  PROPERTY  OWNER MAY BE EXTENDED MULTIPLE TIMES IN
 INCREMENTS OF SIXTY DAYS.  THE STATE ARCHAEOLOGIST MUST PROVIDE  A  COPY
 OF EACH SUCH DETERMINATION TO THE PROPERTY OWNER IN WRITING. THE PROPER-
 TY  OWNER  MAY  BRING AN ACTION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES TO REVIEW THE DETERMINATION  OF  THE  STATE
 ARCHAEOLOGIST PURSUANT TO THIS PARAGRAPH.
   8.  PENALTIES.  (A)  ANY PERSON WHO FAILS TO REPORT THE DISCOVERY OF A
 BURIAL SITE, HUMAN REMAINS OR FUNERARY OBJECTS AS REQUIRED  BY  SUBDIVI-
 S. 630--A                           7
 
 SION  FOUR  OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AS
 DEFINED IN THE PENAL LAW.
   (B)  ANY  PERSON  OTHER  THAN  THE STATE ARCHAEOLOGIST, OR A PERSON OR
 GROUP WITH A RIGHT TO REMOVE OR 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.
   (C)  ANY PERSON WHO KNOWINGLY DEFACES OR DESTROYS A BURIAL SITE, HUMAN
 REMAINS OR FUNERARY OBJECTS, OR WHO CAUSES A PERSON TO DEFACE OR DESTROY
 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,  EXCEPT  WHEN  AUTHORIZED  BY LAW, SHALL BE GUILTY OF A CLASS E
 FELONY, AS DEFINED IN THE PENAL LAW.
   9. ENFORCEMENT. THE ATTORNEY GENERAL OR ANY AGGRIEVED PARTY, INCLUDING
 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.
   § 4. Section 235 of the education law is amended to read as follows:
   § 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.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that if chapter 817 of the laws of
 2022 shall not have taken effect on or before such date then section two
 of this act shall take effect on the same date and in the same manner as
 such chapter of the laws of 2022 takes effect.