                                 CODE OF VIRGINIA

PERMIT REQUIRED FOR THE ARCHAEOLOGICAL EXCAVATION OF HUMAN REMAINS (§
10.1-2305)

A. It is unlawful for any person to conduct any type of archaeological field
investigation involving the removal of human skeletal remains or associated
artifacts from any unmarked human burial regardless of age of an archaeological
site and regardless of ownership without first receiving a permit from the
Director.

B. Where unmarked burials are not part of a legally chartered cemetery,
archaeological excavation of such burials pursuant to a permit from the Director
shall be exempt from the requirements of &#xA7;&#xA7; 57-38.1 and 57-39.
However, such exemption shall not apply in the case of human burials within
formally chartered cemeteries that have been abandoned.

C. The Department shall be considered an interested party in court proceedings
considering the abandonment of legally constituted cemeteries or family
graveyards with historic significance. A permit from the Director is required if
archaeological investigations are undertaken as a part of a court-approved
removal of a cemetery.

D. The Board shall promulgate regulations implementing this section that provide
for appropriate public notice prior to issuance of a permit, provide for
appropriate treatment of excavated remains, the scientific quality of the
research conducted on the remains, and the appropriate disposition of the
remains upon completion of the research. Such regulations shall also require
consultation with any federally recognized Tribal Nations in the Commonwealth
pursuant to &#xA7; 10.1-2205.1. When a burial permit would result in the
disturbance of a burial site of an individual that has a cultural affiliation
with a particular federally recognized Tribal Nation in the Commonwealth, the
Department shall consult and seek consensus with such federally recognized
Tribal Nation in the Commonwealth in the consideration and drafting of the
permit document. The Department may carry out such excavations and research
without a permit, provided that it has complied with the substantive
requirements of the regulations promulgated pursuant to this section.

E. Any interested party may appeal the Director&#8217;s decision to issue a
permit or to act directly to excavate human remains to the local circuit court.
Such appeal must be filed within 14 days of the Director&#8217;s decision.

F. For the purposes of this section, &#8220;cultural affiliation&#8221; has the
same definition as provided in 25 U.S.C. &#xA7; 3001(2) of the federal Native
American Graves Protection and Repatriation Act (25 U.S.C. &#xA7; 3001 et seq.)
and its regulations. If doubt exists as to cultural affiliation, the federally
recognized Tribal Nations in the Commonwealth with potential cultural
affiliation shall make the determination.

HISTORY: 1989, c. 656; 2024, c. 830.