Chapter 2 OSAGE GRAVE PROTECTION ACT
Sections:
- 2-101 Short title.
- 2-102 Definitions.
- 2-103 Inadvertent discovery of human remains or associated funerary objects on federally owned lands or lands held in trust.
- 2-104 Inadvertent discovery of human remains or associated funerary objects on state or private lands.
- 2-105 Visitation rights of descendants to places of burial.
§ 2-101. Short title.
This Act may be cited as the “Osage Grave Protection Act.” ONCA 15-75, eff. Sept. 21, 2015.
§ 2-102. Definitions.
As used in this Act:
A. “Human skeletal remains” means the bony portion of a human body which remains after the flesh has decomposed;
B. “Burial grounds” means any place where human skeletal remains are buried;
C. “Abandoned cemetery” means any place readily identifiable as a cemetery where human skeletal remains are buried and which no body has been interred for at least twenty-five (25) years;
D. “Associated funerary items” means any items intentionally placed with human remains at the time of burial and shall include but not be limited to burial markers, items of personal adornment, casket and hardware, stone, bone, shell and metal ornaments and decorated pottery vessels;
E. “Tribal lands” means all lands which are within the exterior former boundaries of the Osage Nation Reservation including, but not limited to, allotments held in trust or subject to restrictions on alienation by the United States;
F. “Federal agency” means any department, agency, or instrumentality of the United States;
G. “State agency” means any department, agency, or instrumentality of the State of Oklahoma;
H. “Osage Nation Tribal Historic Preservation Officer” means the individual of this Title employed by the Osage Nation and serves as director of the Osage Nation Historic Preservation Office;
I. “State Historic Preservation Officer” means the individual of this Title appointed by the Governor and employed by the Oklahoma Historical Society; and
J. “State Archaeologist” means the individual of this Title employed by the Oklahoma Archeological Survey. ONCA 15-75, eff. Sept. 21, 2015.
§ 2-103. Inadvertent discovery of human remains or associated funerary objects on federally owned lands or lands held in trust.
All persons, federal, or state agencies which encounter or discover human skeletal remains or funerary objects or what they believe may be human skeletal remains and/or funerary objects within or on tribal lands currently owned by any United States federal agency, or lands held in trust by the United States government, shall immediately cease all activities within a one hundred (100) meter radius of the discovery. The human remains and/or funerary objects will be left as found, covered, and reasonable measures will be made to safeguard the remains and/or objects until proper authorities can be contacted. The persons, federal, or state agencies shall immediately give notice and location of such human skeletal remains and/or funerary objects to the federal agency of jurisdiction and the Osage Nation Police. If there is a reason to believe that the remains may be human, the Osage Nation Police shall promptly notify the Chief Medical Examiner. If reported remains are not associated with or suspected of association with any crime, the Osage Nation Tribal Historic Preservation Officer shall be notified within forty-eight (48) hours of discovery. Reporting and further consultation between the responsible agency and the Osage Nation Tribal Historic Preservation Officer must be conducted pursuant to the regulations of the Native American Graves Protection and Repatriation Act of 1990, 43 CFR § 10.4-5. ONCA 15-75, eff. Sept. 21, 2015.
§ 2-104. Inadvertent discovery of human remains or associated funerary objects on state or private lands.
All persons, federal, or state agencies which encounter or discover human skeletal remains or funerary objects or what they believe may be human skeletal remains and/or funerary objects within or on tribal lands currently owned by the State of Oklahoma, or lands considered the property of private individuals, shall immediately cease all activities within a one hundred (100) meter radius of the discovery. The human remains and/or funerary objects will be left as found, covered, and reasonable measures will be made to safeguard the remains and/or objects until proper authorities can be contacted. The persons, federal, or state agencies shall immediately give notice and location of such human skeletal remains and/or funerary objects to the Oklahoma state agency of jurisdiction and the Osage Nation Police. If there is a reason to believe that the remains may be human, the Osage Nation Police shall promptly notify the landowner and the Chief Medical Examiner. If reported remains are not associated with or suspected of association with any crime, the Osage Nation Tribal Historic Preservation Officer, the Oklahoma State Archaeologist, and the Oklahoma State Historic Preservation Officer shall be notified within forty-eight (48) hours of discovery. ONCA 15-75, eff. Sept. 21, 2015.
§ 2-105. Visitation rights of descendants to places of burial.
Any relative of the deceased who wishes to visit or maintain an abandoned cemetery or burial ground which is surrounded by privately owned land shall have the right to reasonable ingress and egress for purpose of visiting such cemetery or burial ground should no public ingress or egress exist. The right of access to such cemeteries and burials extends to visitations during reasonable hours following a good faith effort to notify the owners and tenants, if any, of said property. ONCA 15-75, eff. Sept. 21, 2015.