34-27-31. Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects.
If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum shall contact the state archaeologist within fifteen days of the find. Within a reasonable period of time from contact by the institution or museum, but not to exceed one year, the state archaeologist shall identify the remains or objects. If review by the state archaeologist demonstrates to his satisfaction that the remains or objects are not directly related to a tribal group, the state archaeologist is responsible for their final disposition after consultation with the director of the South Dakota State Historical Society. If review by the state archaeologist demonstrates to his satisfaction that there is a direct relationship of the remains or objects to a tribal group, the state archaeologist shall notify the director of the South Dakota State Historical Society and shall initiate contact with officials of that tribal group as designated by the Office of Indian Affairs. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group requests return of the remains or objects, the state archaeologist shall turn over to the tribal group the remains or objects. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group has not requested the return of the remains or objects, the state archaeologist is responsible for their final disposition after consultation with the director of the South Dakota State Historical Society.
Source: SL 1991, ch 281, §3A; SL 2015, ch 277 (Ex. Ord. 15-1), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 27 - Cemeteries And Burial Records
Section 34-27-7 - Purpose of requirements as to cemetery plats.
Section 34-27-10 - Cemetery plats received by local registrar--Posting when burial permit issued.
Section 34-27-11 - Card-index records of burials maintained by local registrar--Contents.
Section 34-27-12 - Supervision of burial record system by Department of Health--Enforcement powers.
Section 34-27-14 - Violation or failure to maintain records as misdemeanor.
Section 34-27-15 - Duty of reinterment when cemetery removed--Punishment for omission of duty.
Section 34-27-16 - Liability for expense of reinterment on removal of cemetery.
Section 34-27-17 - Punishment for omission to reinter when cemetery removed.
Section 34-27-19 - Removing dead body maliciously or with intent to sell or dissect as misdemeanor.
Section 34-27-20 - Receiving dead body unlawfully removed as misdemeanor.
Section 34-27-21 - Definition of terms.
Section 34-27-24 - Commercial display of human skeletal remains or funerary objects as felony.
Section 34-27-25 - Reporting discovery of human skeletal remains--Failure to report as misdemeanor.
Section 34-27-26 - Disturbing human skeletal remains or funerary objects as felony.
Section 34-27-30 - Rules promulgated by State Historical Society Board of Trustees.
Section 34-27-32 - Refusal to turn over remains or objects to tribal group--Appeal.