|11-6-101. Division Established - Purposes.||11-6-112 Violations-Class E Felony-Enforcement Powers|
|11-6-102 Definitions||11-6-113 Contracts and cooperative agreements- Authorization|
|11-6-103. Archaeological Advisory Council||11-6-114 Acceptance of gifts and grants-Title to land.|
|11-6-104 Excavated Artifacts-Property of State- Availability and Care||11-6-115 Tennessee Archaeological Society-Support of Programs|
|11-6-105 Excavation of state lands-permits- Unauthorized excavation - Penalty||11-6-116 Excavation of areas containing Native American Indian human remains-On-site representatives|
|11-6-106 Defacement of sites or artifacts- Misdemeanor||11-6-117 Display of Native American Indian Human Remains|
|11-6-107 Discovery of sites, artifacts, or human remains-Notice to division, contractors, and authorities||11-6-118 Import or export of human remains|
|11-6-108 State Lands-Reserved from Sale- Procedure||11-6-119 Reburial of human remains following discovery or confiscation|
|11-6-109 Private Land-Trespass, vandalism, and unauthorized activities-Permission-Artifacts- Prohibited storage, dumping or littering||11-6-120 Volunteer Programs-Provision of archaeological information to schools and other interest groups-Tennessee archaeology awareness week|
|11-6-110 Designation as archaeological site||11-6-121 Abandoned Shipwrecks|
|11-6-111 Threatened site-Contract with corporations or organizations.|
11-6-101. Division established - Purposes. -
(a) A division of archaeology is hereby established in the department of environment and conservation to be headed by a person who will be designated as the state archaeologist.
(b) The division of archaeology is hereby authorized to initiate, operate, and maintain a statewide program in archaeology which shall include, but not be limited to, the following items:
(c) It is not the purpose of the division of archaeology to preempt, replace, or otherwise interfere with archaeological research programs conducted by state institutions of higher learning, but, to the contrary, to stimulate and supplement such programs whenever possible. [Acts 1970, ch. 468, Part 2; T.C.A., Part 11-501; Acts 1990, ch. 1024, Part 13].
Comparative Legislation. Division of Archaeology: Ala. Code Part 41-3-1 et seq. Ark. Code Part 13-6-201 et seq. Ga. O.C.G.A. Part 12-3-2 et seq. Ky. Rev. Stat. Ann. Part 164.705 et seq. Miss. Code Ann. Part 39-7-1 et seq. N.C. Gen. Stat. Part 70-10 et seq. Va. Code Part 10-1-2300 et seq.
11-6-102. Definitions. - As used in this chapter, unless the context otherwise requires:
11-1-103. Archaeological Advisory Council.
(a) A ten-member archaeological advisory council to the commissioner of environment and conservation and the state archaeologist is hereby created.
(c) The council shall be composed of:
(d) The members of the council shall receive no salary; provided, that travel expenses incurred by such members in the performance of duties with respect to the council shall be reimbursed in accordance with the provisions of the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) The duties of the council shall be to advise the commissioner of environment and conservation and the state archaeologist on all matters of policy relating to the activities of the division and to the employment of professional personnel. It shall be the responsibility of this council to organize and set forth its rules and operational procedures.
(f) The council and the state archaeologist shall submit annually a comprehensive report of their activities and the results of their studies to the commissioner and to the governor and to the members of the general assembly in the first month of each calendar year. They shall also from time to time submit such additional and special reports as are deemed advisable.[Acts 1970, ch. 468, § 3; 1976, ch. 806, § 1(7); T.C.A. § 11-1503; Acts 1982, ch. 675, § 3; 1990, ch. 852, § §2-4; 1994, ch. 538, § 2; 1995, ch. 188 §§ 1-3].
Compiler's Notes. The archaeological advisory council, created by this
section, terminates June 30, 1997. See Parts 4-29-112, 4-29-218.
Section to Section References. This section is referred to in Part 4-29-218.
11-6-104. Excavated Artifacts - Property of state - Availability and care.
(a) All artifacts and other materials excavated, discovered, donated, or otherwise by the division of archaeology acquired in pursuance of this program shall be the property of the state of Tennessee and be placed under the custodianship of the division of archaeology. The state archaeologist has primary responsibility to assure that the material is properly and adequately safeguarded and available at all reasonable times to interested scientists and to the public insofar as funds and good scientific practices permit. The state archaeologist may, whenever it is consistent with good scientific practices and in the furtherance of the aims and purposes of the division of archaeology, approve and permit the loan of such objects and materials to nonprofit scientific organizations, public agencies, museums, and institutions of higher learning both within and without Tennessee for purposes of research or public education.
(b) There shall be no public exhibition or display of Native American Indian human remains held by the division.[Acts 1970, ch. 468, § 4; T.C.A., § 11-1504; Acts 1990, ch. 852, § 5.]
Cross-References. Discovery of human remains, required notice.
Section to Section References. Sections 11-6-104 - 11-6-106 are referred to in § 11-6-112. This section is referred to in §§ 11-6-107, 11-6-118.
11-6-105. Excavation of state lands - Permits - Unauthorized Excavation - Penalty.
(a) The state of Tennessee reserves to itself the exclusive right and privilege or field archaeology on sites owned or controlled by the state, its agencies, departments, institutions and commissions in order to protect and preserve archaeological and scientific information, matter and artifacts.
(b) All such information and artifacts recovered from state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state unless the state archaeologist and the advisory council shall conclude that some artifacts do not merit retention.
(c) No person or organization, including any other agents or agencies of the state of Tennessee, unless acting as a duly authorized agent of the division of archaeology, shall excavate upon any site situated on lands owned or controlled by the state or any agency thereof.
(d) Permits and contracts for archaeological exploration or excavation may be granted by the state archaeologist through the division of archaeology for such periods of time and under such terms and conditions as the state archaeologist may from time to time determine.
(e) All artifacts, photographs and records obtained by such agents shall remain the property of the state, subject to the decision of the state archaeologist and the advisory council, and shall be maintained in agreed upon public repositories.
(f) Any person, corporation, society, or organization conducting such explorations or excavations upon lands owned or controlled by the state or any agency thereof without having first obtained permit from the state archaeologist commits a Class A misdemeanor, except that any violation occurring on a site listed in the Tennessee register of archaeological sites where the commercial or archaeological value of the artifact involved and the cost of restoration or repair of such archaeological site or artifacts exceeds the sum of five thousand dollars ($5,000) is a Class E felony.
(g) Any and all artifacts and material excavated by such person or organization shall be forfeited to the state and shall be delivered forthwith to the division of archaeology. [Acts 1970, ch. 468, § 5; 1973, ch. 77, § 2; T.C.A., § 11-1505; Acts 1984, ch. 801, § 1; 1990, ch. 852, §§ 6, 7.]
Cross-References. Penalty for Class A misdemeanor, § 40-35-111. Penalty for Class E felony, § 40-35-111.
11-6-106. Defacement of sites or artifacts - Misdemeanor.
In order that sites and artifacts on state-owned or controlled land shall be protected for the benefit of the public, it is a misdemeanor for any person, natural or corporate, to write upon, carve upon, paint, deface, mutilate, destroy, or otherwise injure any object of antiquity, artifact, Indian painting, Indian carving, or sites and all such acts of vandalism shall be punished as misdemeanors according to the provisions of this chapter. [Acts 1970, ch. 468, § 6; T.C.A., § 11-1506.]
Cross-References. Violation a Class A misdemeanor, § 11-6-112.
11-6-107. Discovery of sites, artifacts, or human remains - Notice to division, contractors and authorities.
(a) All state agencies, departments, institutions, and commissions, as well as all counties and municipalities, shall cooperate fully with the division of archaeology.
(b) Where any sites or artifacts may be found or discovered on property owned or controlled by the state or by any county or municipality, the agency, bureau, commission, governmental subdivision, or county or municipality having control over or owning such property and which is preparing to initiate construction or other earth-moving activities upon such property or is currently performing work of this type upon such property, the public body having custody of the land shall comply with subsection (d) and is directed to urge supervisors of such works to notify the division of the discovery and location of such sites or artifacts immediately, and to cooperate to the fullest extent practicable with the division, either to prevent the destruction of such sites and artifacts or to allow the division to obtain maximum information and artifacts before these locations are disturbed or destroyed.
(c) It is the responsibility of the state agencies to have the provisions of this chapter made known to contractors who are to perform work upon any such public lands, and contractors shall be required to comply with the provisions of this chapter.
(e) All archaeological site clearance work carried out pursuant to this section shall, in as far as practicable, be scheduled so as not to interfere with construction activities, and such clearance work shall only be conducted at sites which have the potential to yield information significant to the scientific study of Tennessee's aboriginal and historic past. [Acts 1970, ch. 468, § 7; T.C.A., § 11-1507; Acts 1990, ch. 852, § 8,9.]
Cross-References. Penalty for Class A misdemeanor, § 40-35-111.
11-6-108. State Lands - Reserved from Sale - Procedure.
(a) Upon written notice to the commissioner of general services, given by the state archaeologist, the commissioner shall reserve from sale any state lands, including lands forfeited to the state for nonpayment of taxes, on which sites or artifacts are located or may be found; provided, that the reservation of such lands from sale may be confined to the actual location of the site or artifacts.
(b) When such site or artifacts have been explored, excavated, or otherwise examined to the extent desired by the division of archaeology, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands. [Acts 1970, ch. 468, § 8; T.C.A., § 11-1508.]
11-6-109. Private Land - Trespass, vandalism, and unauthorized activities - Permission - artifacts - Prohibited storage, dumping or littering.
(a) It shall be deemed an act of trespass and a misdemeanor for any persons, natural or corporate, to excavate and remove artifacts from the private land of any owner without first obtaining the owner's express permission.
(b) No person, corporation, partnership, association or any other entity shall excavate, damage, vandalize, or remove any artifact from or otherwise alter or deface any site listed in the Tennessee register of archaeological sites without first obtaining landowner permission.
(c) No person, corporation, partnership, association or any other entity shall sell, offer to sell, purchase or offer to purchase, or otherwise exchange any artifact from a site listed in the Tennessee register of archaeological sites if the artifact has been removed or received in violation of this section.
(d) No person, corporation, partnership, association, or any other entity shall store, dump, litter or otherwise dispose of any garbage, dead animal, sewage or toxic substance in any cave or sinkhole listed in the Tennessee register of archaeological sites. [Acts 1970, ch. 458, § 9; T.C.A., § 11-1509; Acts 1984, ch. 801, § 2.]
Cross References. Violation a Class A misdemeanor, § 11-6-112.
11-6-110. Designation as archaeological site.
An archaeological site of significance in the scientific study of Tennessee's aboriginal past or important to the public knowledge and appreciation of this history may be publicly designated by the commissioner of environment and conservation and placed in the Tennessee register of archaeological sites, provided, that no sites shall be so designated without the express written consent of the state agency having jurisdiction over the land in question or, if it is privately owned land, the owner therof; provided, however, any person or entity having given its permission may revoke such permission on giving thirty (30) days' written notice of its intent to revoke to the division of archaeology, which revocation will automatically take place on the expiration of the thirty (3) days. Recommendations for such designations shall be made by the state archaeological advisory council in consultation with the state archaeologist and such recommendations, together with appropriate supporting data, shall be submitted to the commissioner. In addition to the above, any landowner may petition the commissioner to have any archaeological site located on the landowner's property publicly designated and placed in the Tennessee register of archaeological sites. [Acts 1970, ch. 468, § 10; T.C.A., § 11-1510; Acts 1984, ch. 801, § 3.]
11-6-111. Threatened site - Contract with corporations or organizations.
The division of archaeology may make a contract with any corporation or organization for the conduct of archaeology upon any site, particularly sites threatened with damage or destruction by public or private construction projects. [Acts 1970, ch. 468, § 11; T.C.A., § 11-1511.]
11-6-112. Violations - Penalties - Enforcement Powers.
(a) All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors.
(b) All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies.
(c) When properly commissioned and qualified by the commissioner of environment and conservation, employees of the division of archaeology shall have all of the police powers necessary to enforce all state laws and all rules and regulations made and published by the department regarding archaeological sites which are authorized for park superintendents and park rangers by § 11-3-107, within any of the archaeological sites for the purpose of enforcing the provisions of 11-6-104 - 11-6-106. [Acts 1970, ch. 468, § 12; 1973, ch. 77, § 3; T.C.A., § 11-1512; Acts 1984, ch. 801, § 4; 1989, ch. 591, §§ 22, 112; 1990, ch. 852, § 10.]
Cross-References. Penalty for Class A misdemeanor, § 40-35-111. Penalty for Class E felony, § 40-35-111.
11-6-113. Contracts and cooperative agreements - Authorization.
The department of transportation is hereby authorized and directed to enter into appropriate contracts and cooperative agreements with the division of archaeology and the United States bureau of public roads and to expend funds, both state and federal, in aid of archaeological survey, salvage, and preservation on any lands and rights-of-way now or hereafter coming into its control in order that the purposes of this chapter shall be achieved. [Acts 1970, ch. 468, § 13; impl. am. Acts 1972, ch. 829, § 7; 1973, ch. 77, § 4; T.C.A. § 11-1513.]
11-6-114. Acceptance of gifts and grants - Title to land.
(a) The division of archaeology is hereby authorized to accept grants, bequests, devises, gifts, and donations for purposes of furthering the state program in archaeology and to expend funds so received for those purposes.
(b) The department of environment and conservation has full power to accept and hold title to land or interests in land in the name of the state for the purposes of this chapter. [Acts 1970, ch. 468, § 14; T.C.A., § 11-1514.]
11-6-115. Tennessee Archaeological Society - Support of Programs.
(a) The division of archaeology is hereby authorized to assist and support the programs of the Tennessee Archaeological Society to the extent that the purposes and aims of the two (2) coincide.
(b) The Tennessee Archaeological Society is hereby requested to assist and cooperate with the purposes and programs of the division of archaeology. [Acts 1970, ch. 468, § 15; T.C.A., § 11-1515.]
11-6-116. Excavation of areas containing Native American Indian human remains - On-site representatives.
(a) When a burial ground or other area containing human remains of native American Indians is excavated, representatives of Native Americans Indians shall have a right to be present on the site at all times excavation or treatment of such remains is taking place.
(b) The department shall promulgate regulations governing application procedures for and the number of representatives to be present on sites.
(c) Any person engaged in work involving the removal of Native American Indian human remains must notify the state archaeologist in writing at least ten (10) days prior to the time a petition is filed under the provisions of title 46, chapter 4. Within two (2) business days of receiving such notice, the state archaeologist shall forward such notice to the Native American members of the archaeological advisory council and the chair of the Tennessee commission of Indian affairs. [Acts 1990, ch. 852, § 11; 1999, ch. 509, § 1.]
11-6-117. Display of Native American Indian Human Remains.
There shall be no public exhibition or display or Native American Indian human remains, except as evidence in a judicial proceeding. [Acts 1990, ch. 852, § 11.]
11-6-118. Import or export of human remains.
(a) The import into Tennessee or the export from Tennessee of human remains is prohibited except in the following instances:
(b) A violation of this subsection is a Class E felony.
Cross-References. Penalty for Class E felony, § 40-35-111.
Section to Section References. This section is referred to in § 11-6-119.
11-6-119. Reburial of Human Remains following discovery or confiscation.
Any human remains or any Native American burial objects discovered in the course of an excavation, exhumation or accidentally, and any such remains and their associated burial objects confiscated under the provisions of § 11-6-118, shall be properly reburied following scientific analysis within six (6) months of such discovery or confiscation in accordance with procedures formulated by the advisory council which are appropriate to Native American traditions. Upon request for scientific or medical research, the director of the division may grant an extension of not more than six (6) months before reburial is required. [Acts 1990, ch. 852, § 11; 1999, ch. 509, §§ 2, 3.]
Cross-References. Discovery of human remains, required notice,
Section to Section References. This section is referred to in § 11-6-107, 11-6-118.
11-6-120. Volunteer Programs -- Provisions of archaeological information to schools and other interest groups -- Tennessee Archaeology Awareness Week.
(a) Within existing resources and personnel, the division is authorized to carry out a coordinated program using qualified volunteers to implement the purposes of this act pursuant to § 11-6-101.
(b) The division may establish an organized program of providing archaeological information and programs to schools and other interest groups.
(c) The division may establish and coordinate activities focused on one (1) special week of the year to promote the archaeological heritage of Tennessee. This week shall be designated the "Tennessee Archaeology Awareness Week." [Acts 1995, ch. 91, § 1].
11-6-121. Abandoned Shipwrecks.
(a) Since the congress has found that the state has certain responsibilities under the Abandoned Shipwreck Act of 1987 (Public Law No. 100-298), the division of archaeology is authorized to:
(b) The division is authorized, in carrying out its purposes, to:
|Federal Laws||Federal Agencies||Tennessee Laws||State Agencies|
|American Indian Religious Freedom Act||Advisory Council on Historic Preservation||Archaeology Statues||Division of Archaeology|
|Archaeological Resources Protection Act||National Park Service||Burial Statues||Historical Commission|
|Native American Graves Protection and Repatriation Act||U.S. Forest Service Sacred Sites Policy Review||Heritage Conservation Trust Fund|
|National Historic Preservation Act|