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. The division is hereby authorized to initiate, operate and maintain a statewide program in archaeology which shall include, but not be limited to: Surveying the state for […]
As used in this chapter, unless the context otherwise requires: “Artifacts” means all relics, specimens or objects of an historical, prehistorical, archaeological or anthropological nature which may be found above or below the surface of the earth, and which have scientific or historic value as objects of antiquity, as aboriginal relics, or as archaeological specimens; […]
An eleven-member archaeological advisory council to the commissioner of environment and conservation and the state archaeologist is hereby created. Members of the archaeological advisory council shall serve staggered terms, and to such end the governor shall by June 30, 1983, appoint one (1) member to serve a term of four (4) years. The governor shall […]
All artifacts and other materials excavated, discovered, donated, or otherwise acquired 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 […]
The state of Tennessee reserves to itself the exclusive right and privilege of 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. All such information and artifacts recovered from state lands shall be utilized solely […]
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 […]
All state agencies, departments, institutions and commissions, as well as all counties and municipalities, shall cooperate fully with the division of archaeology. 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 […]
It shall be deemed an act of trespass and a Class A misdemeanor for any person, natural or corporate, to excavate and remove artifacts from the private land of any owner without first obtaining the owner’s express permission. No person, corporation, partnership, association or any other entity shall excavate, damage, vandalize or remove any artifact […]
An archaeological site of significance in the scientific study of Tennessee’s aboriginal past or important to 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 […]
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.
All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors. All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies. When properly commissioned and qualified by the commissioner of environment and conservation, employees of the division of archaeology shall have all […]
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 […]
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. The department of environment and conservation has full power to accept and hold title to land or interests in land in the […]
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. The Tennessee Archaeological Society is hereby requested to assist and cooperate with the purposes and programs of the division of archaeology.
When a burial ground or other area containing human remains of Native American Indians is excavated, representatives of Native American Indians shall have a right to be present on the site at all times excavation or treatment of such remains is taking place. The department shall promulgate regulations governing application procedures for and the number […]
There shall be no public exhibition or display of Native American Indian human remains, except as evidence in a judicial proceeding.
The import into Tennessee or the export from Tennessee of human remains is prohibited except in the following instances: Import or export by hospitals, medical schools, colleges or universities for education or research purposes; Import for burial or reburial in Tennessee or export for burial or reburial in another state or country; Import or export […]
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 § 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 […]
Within existing resources and personnel, the division is authorized to carry out a coordinated program using qualified volunteers to implement the purposes of this part pursuant to § 11-6-101. The division may establish an organized program of providing archaeological information and programs to schools and other interest groups. The division may establish and coordinate activities […]
Since the congress has found that the state has certain responsibilities under the Abandoned Shipwreck Act of 1987, Public Law No. 100-298 (43 U.S.C. § 2101 et seq.), the division of archaeology is authorized to: Develop a plan regarding significant shipwreck sites in Tennessee which will include management strategies for the preservation and conservation of […]
