CHAPTER 6

(HB 1286)

Archaeological site records regulated.


         ENTITLED, An Act to  require that records of archaeological sites be maintained and to provide that certain records remain confidential.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 1-20-21 be amended to read as follows:

     1-20-21.   The state archaeologist, on behalf of the State Historical Society Board of Trustees shall conduct, as part of that board's statewide survey of historic properties, a survey of sites of archaeological sites and anthropological objects and specimens located within the state . The state archaeologist shall make available the results of such survey to all agencies of the state government and its political subdivisions that, in the opinion of the state archaeologist, may conduct activities which may affect such archaeological or anthropological sites and maintain records of such sites .

     Section  2.  That chapter 1-20 be amended by adding thereto a NEW SECTION to read as follows:

     Any records maintained pursuant to §  1-20-21 pertaining to the location of an archaeological site shall remain confidential to protect the integrity of the archaeological site. The state archaeologist may make the information from the records of an archeological site available to any agency of state government and any political subdivision of the state or to any tribe, which, in the opinion of the state archaeologist, may conduct an activity that affects any such site. The state archaeologist shall also make the information from the records of an archeological site available to the owner of the land that is an archeological site and may make the information available to any qualified researcher or research entity.

     Section  3.  That chapter 34-27 be amended by adding thereto a NEW SECTION to read as follows:

     Any record maintained pursuant to §  1-20-21 pertaining to the location of unmarked burials and other human remains shall remain confidential to protect the integrity of unmarked burials, human skeletal remains, and associated funerary objects. The state archaeologist may make the information from the records of such a site available to any agency of state government and any political subdivision of the state or to any tribe, which, in the opinion of the state archaeologist, may conduct activities that affect any such burial or human remains. The state archaeologist shall also make the information from the records of such a site available to the owner of the land that is such a site and may make the information available to any qualified researcher or research entity.

     Signed March 20, 2007
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