Just a little more than four months after Governor Kathy Hochul vetoed a bill that would have provided protection for unmarked graves — a measure supported by the state’s Native American tribes — the New York State Legislature on Monday passed a revamped version of the measure as part of a whirlwind legislative week tied to the completion of the state’s $229 billion budget.

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• Enacts the “unmarked burial site protection act“;
• requires the cessation of all ground-disturbing activities upon the discovery of a burial ground, human remains or funerary objects;
• requires the reporting of such discovery to the local coroner;
• provides that if such remains are more than 50 years old, the state archaeologist shall be notified;  
• requires state archaeologist to determine whether the remains are of Native American origin;
• provides that the lineal descendants or culturally affiliated group of such remains shall be notified and be given possession thereof;
• establishes the Native American burial site review committee to provide for notice and disposition of Native American remains;
• establishes criminal penalties for the violation of such provisions relating to the disturbance or failure to report the discovery of any such site, remains or objects;
• grants the attorney general and aggrieved parties a civil right of action for the violations of such provisions; requires inquiry by state agency preservation officers to determine whether any proposed project undertaken, funded or approved by a state agency will disturb burial grounds.