Tennessee Archaeology Statutes
Tennessee Code Annotated
Chapter 15, Title 11, Chapter 6

SECTION


11-6-101. Division established - Purposes. -

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:

  1. "Artifacts" means all relics, specimens or objects of a 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;
  2. "Burial Grounds" means a place used for or to be used for human burials. "Burial grounds" does not include an individual urn or other container for ashes of a person who has been lawfully cremated. The fact that any tract of land has been set apart for burial purposes, or that a part or all of the grounds have been used for burial purposes, shall be evidence that such grounds were set aside for burial purposes. The fact that graves are not visible on any part of the grounds shall not be construed as evidence that such grounds were not set aside and used for burial purposes.
  3. "Burial Object" means any cultural material, including but not limited to, whole or broken ceramic, metal or glass vessels, chipped stone tools, groundstone tools, worked bone and shell objects, clothing, medals, buttons, rings, jewelry, firearms, edged weapons, and the casket and parts thereof, that were demonstrably buried with an individual or the burial pit or mound associated with an individual or the structure created to house the body.
  4. "Excavation" means digging below the surface of the earth by hand or with mechanical equipment for the purpose of recovering artifacts, archaeological data, human remains or burial objects.
  5. "Field archaeology" means the study of the traces of human culture at any land or water site by means of photographing, mapping, surveying, digging, sampling, excavating, and removing artifacts or other archaeological material, or going on a site with that intent;
  6. "Human remains" means the bodies of deceased persons, in whatever stage of decomposition, including, but not limited to, skeletal remains, mummies, or body parts. "Human remains" does not include the ashes of a person who has been lawfully cremated. "Human remains" does not include body parts or tissue which is removed for transplantation or other medical procedures or research.
  7. "Site" means any location of historic or prehistoric human activity such as, but not restricted to, mounds, forts, earthworks, burial grounds, structures, villages, mines, caves, and all locations which are or may be sources of paleontological remains; and
  8. "Surface collecting" means walking fields, stream banks, or other locations to look for and collect artifacts lying on the surface of the ground, or which are partially exposed on the surface of the ground, or which have been disturbed by plowing or natural processes of erosion.
[Acts 1970, ch. 468, Part 2; 1973, ch. 77, Part 1; T.C.A. Part 11-1502; Acts 1990, ch. 852, Part 1.]


11-1-103. Archaeological Advisory Council.

[Acts 1970, ch. 468, Part 3; 1976, ch. 806, Part 1(7); T.C.A. Part 11-1503; Acts 1982, ch. 675, Part 3; 1990, ch. 852, Parts 2-4; 1994, ch. 538, Part 2; 1995, ch. 188 Parts 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.

[Acts 1970, ch. 468, Part 4; T.C.A., Part 11-1504; Acts 1990, ch. 852, Part 5.]

Cross-References. Discovery of human remains, required notice. Part 11-6-107.
Section to Section References. Sections 11-6-104 - 11-6-106 are referred to in Part 11-6-112. This section is referred to in Parts 11-6-107, 11-6-118.


11-6-105. Excavation of state lands - Permits - Unauthorized Excavation - Penalty.

[Acts 1970, ch. 468, Part 5; 1973, ch. 77, part 2; T.C.A., Part 11-1505; Acts 1984, ch. 801, Part 1; 1990, ch. 852, Parts 6, 7.]

Cross-References. Penalty for Class A misdemeanor, Part 40-35-111. Penalty for Class E felony, Part 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, Part 6; T.C.A., Part 11-1506.]

Cross-References. Violation a Class A misdemeanor, Part 11-6-112.


11-6-107. Discovery of sites, artifacts, or human remains - Notice to division, contractors and authorities.

[Acts 1970, ch. 468, Part 7; T.C.A., Part 11-1507; Acts 1990, ch. 852, Part 8,9.]

Cross-References. Penalty for Class A misdemeanor, Part 40-35-111.


11-6-108. State Lands - Reserved from Sale - Procedure.

[Acts 1970, ch. 468, Part 8; T.C.A., Part 11-1508.]


11-6-109. Private Land - Trespass, vandalism, and unauthorized activities - Permission - artifacts - Prohibited storage, dumping or littering.

[Acts 1970, ch. 458, Part 9; T.C.A., Part 11-1509; Acts 1984, ch. 801, part 2.]

Cross References. Violation a Class A misdemeanor, Part 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 thereof; 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, Part 10; T.C.A., Part 11-1510; Acts 1984, ch. 801, Part 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, Part 11; T.C.A., Part 11-1511.]


11-6-112. Violations - Penalties - Enforcement Powers.

[Acts 1970, ch. 468, Part 12; 1973, ch. 77, Part 3; T.C.A., Part 11-1512; Acts 1984, ch. 801, Part 4; 1989, ch. 591, Parts 22, 112; 1990, ch. 852, Part 10.]

Cross-References. Penalty for Class A misdemeanor, Part 40-35-111. Penalty for Class E felony, Part 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, Part 13; impl. am. Acts 1972, ch. 829, Part 7; 1973, ch. 77, Part 4; T.C.A. Part 11-1513.]


11-6-114. Acceptance of gifts and grants - Title to land.

[Acts 1970, ch. 468, Part 14; T.C.A., Part 11-1514.]


11-6-115. Tennessee Archaeological Society - Support of Programs.

[Acts 1970, ch. 468, Part 15; T.C.A., Part 11-1515.]


11-6-116. Excavation of areas containing Native American Indian human remains - On-site representatives.

[Acts 1990, ch. 852, Part 11.]


11-6-117. Display of Native American Indian Human Remains.

There shall be no public exhibition or display of Native American Indian human remains, except as evidence in a judicial proceeding.

[Acts 1990, ch. 852, Part 11.]


11-6-118. Import or export of human remains.

[Acts 1990, ch. 852, Part 11.]

Cross-References. Penalty for Class E felony, Part 40-35-111.
Section to Section References. This section is referred to in Part 11-6-119.


11-6-119. Reburial of Human Remains following discovery or confiscation.

Any human remains discovered in the course of an excavation or accidentally, and any such remains confiscated under the provisions of Section 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, Part 11.]

Cross-References. Discovery of human remains, required notice, Part 11-6-107.
Section to Section References. This section is referred to in Part 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.

11-6-121. Abandoned Shipwrecks.