CHAPTER 0400-9-1
NATIVE AMERICAN INDIAN CEMETERY REMOVAL AND REBURIAL
NEW RULES
Table of Contents
The reinterment of prehistoric and historic period Native American Indian
skeletal remains shall be done in a manner consistent with original
and/or traditional customs.
- When archaeological, tribal, or other documentation exists that
specifies the original manner of burial, reburial of those remains shall
be carried out in the same manner.
- When documentation on the original manner of burial is not extant,
reburial of individual remains shall be done in subsurface grave pits at
such a depth to prevent future disturbance. Remains shall be placed
directly into the soil.
- Any religious or ceremonial activities carried out in conjunction
with reburial shall not be the responsibility of the state.
All reburial areas should be as close to the original burial area as
practicable and must be designated as a cemetery and registered with the
county tax assessor's office as same.
The boundary of any reburial area must be suitably marked and a permanent
record of the location kept by the landowner.
Anyone carrying out work which involves the removal of Native American
Indian human remains must notify the Native American members of the
Archaeological Advisory Council, the Chairman of the Tennessee
Commission on Indian Affairs, and the State Archaeologist. Notification
of the intent to remove such remains must be in writing. Such
notification shall be given at the time a petition is filed under T.C.A.
46-4-101 et. seq., "Termination of Use of Land as
Cemetery", or at the time an application for a permit is filed under
T.C.A. 68-3-508.
At least one (1) Native American observer is entitled to be present
during removal, excavation or disinterment of Native American human
remains. This person shall be a Native American Indian member of the
Archaeological Advisory Council or person designated by such member.
Additional observers may be present as field conditions warrant with the
permission of the project director. Observers must make prior
arrangements with the person in charge of excavation or burial removal.
In some cases, such as on-going construction activities, observers may be
required to follow special safety procedures.
Authority: T.C.A. 11-6-116(b) and
11-6-119.
Signature of the agency officer or officers directly responsible for
proposing and/or drafting these rules:
(SIGNED)
WILLIAM L. PENNY
General Counsel
(SIGNED)
GEORGE F. FIELDER, JR.
State Archaeologist
AUTHORITY: The regulations are issued under the authority granted the
Commissioner of the Department of Environment and Conservation under
Tennessee Code Annotated, Section 4-3-504.
(SIGNED)
J.W. LUNA
Commissioner
I certify that this is an accurate and complete copy of rulemaking
hearing rules, lawfully promulgated and adopted by the Department of
Environment and Conservation on the 31st day of May, 1991.
Further, I certify that these rules are properly presented for filing, a
notice of rulemaking hearing having been filed in the department of State
on the 26th day of February, 1991, and such notice of rulemaking hearing
having been published in the March, 1991, issue of the Tennessee
Administrative Register, and such rulemaking hearing having been
conducted pursuant thereto on the 31st day of May, 1991.
(SIGNED)
J.W. LUNA
Commissioner
STATE OF TENNESSEE
COUNTY OF DAVIDSON