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§ 149.51 State registry of archaeological landmarks, effects; procedures for excavations; prohibitions; penalties.
In order to ensure that the scientific knowledge about both prehistoric and historic North American Indian cultures is made available to the public and is not willfully or unnecessarily destroyed or lost, the Ohio historical society shall maintain a state registry of archaeological landmarks that it finds to have archaeological significance. The society shall not place any land on the registry without first obtaining a written agreement with the landowner that subjects the land to the provisions of this section. The agreement shall be executed and recorded in the same manner as a deed or conveyance of an interest in real property. The agreement shall contain the legal description of the parcel of real estate upon which the landmarks are located, a reference to the volume and page of the deed record in which the title of the owner is recorded, and the accurate location of any known Indian mounds, earthworks, or burial or settlement sites on the real estate. The society shall file the written agreement in the office of the county recorder of the county in which the land is located for recording in the deed records of the county.
The written agreement may be terminated, at the option of any subsequent owner of the land, within sixty days after the record of the conveyance or other transfer of title to him is filed for record in the office of the county recorder. The owner shall send notice of the termination of the agreement, by certified mail, to the director of the Ohio historical society and file an affidavit, pursuant to section 5301.252 of the Revised Code, for record in the office of the county recorder, stating that the agreement has been terminated. An affidavit rued and recorded pursuant to this section is conclusive evidence of the termination of the agreement.
The registry shall indicate the accurate location of each registered archaeological landmark and shall be made avail- able for public inspection.
Within any land that is placed on the state registry of archeological landmarks, no person or government entity shall at any time after placement on the registry dig, excavate, remove, or otherwise destroy any Indian mounds, earthworks, burial or settlement sites, or other recognizable evidence of prehistoric or historic Indian settlement or occupation, or remove skeletal remains or artifacts from within the earth, without:
(A) Notifying the director of the Ohio historical society in writing of an intent to disturb the mound, earthwork, or burial or settlement site, prior to the commencement of work;
(B) Affording the director's duly authorized representatives access to the mound, earthwork, or burial or settlement site in order to assist in planning and observe or record the methods of excavation and findings of artifacts, sample the soil or rock strata, or obtain other information or data of archaeological significance; and
(C) Upon completion of work at the mound, earthwork, or burial or settlement site, reporting to the director in writing what artifacts and skeletal remains were found, their intended disposition, and what other information or data were obtained that are known to be of archaeological significance.
The owner shall not engage in nor authorize any other person to engage in archeological surveyor salvage work within lands so registered without a permit issued under section 149.54 of the Revised Code.
No person shall sell, offer for sale, or possess any artifacts or skeletal remains removed without privilege to do so from lands placed on the state registry of archaeological landmarks.
The director may designate in writing persons in various parts of the state whom the director determines to have sufficient experience in archaeological work, as duly authorized representatives for purposes of this section.
Whoever violates this section is guilty of desecrating an archaeological landmark, a misdemeanor of the second degree. Whoever violates or threatens to violate this section may be enjoined from violation.
HISTORY: 1976 H 418. eff. 8-24-76
§ 149.52 Archaeological preserves; dedication; effects; prohibitions; penalties.
As used in this section "archaeological site" means any mounds, earthworks. burial or settlement sites. or other place where evidence of prehistoric or early historic settlement or occupation lies on or below the surface of the ground.
The Ohio historical society may accept articles dedicating as preserves real property upon which significant archaeological sites are located. if funds and services arc available for their preservation and protection.
An archaeological preserve is established when articles of dedication have been filed by or at the direction of the owner of site, or a governmental agency having ownership or control thereof, in the office of the county recorder of the county in which the site is located.
Articles of dedication shall be executed by the owner of the land in the same manner and with the same effect as a deed or conveyance of an interest in real property and shall be irrevocable except as provided in this section. The county recorder may not accept articles of dedication for recording unless they have been accepted by the director of the Ohio historical society. The articles shall be recorded in the county record of deeds. The director may not accept articles of dedication unless they contain terms restricting the use of the property which adequately provide for its preservation and protection, for restoration where appropriate, and for archaeological research and study. Whenever possible and consistent with such purposes, the articles shall provide for public access in order that the maximum benefit be obtained.
Articles of dedication may contain provisions for the management, custody, and transfer to the state or the society of real property or any estate, or right therein, provisions defining the rights of the owner or operating agency and of the society and its agents, and such other provisions as may be necessary or advisable to carry out the uses and purposes for which the property is dedicated. They may contain conditions under which the owner and the society may agree to rescind the articles.
The attorney general, upon request of the director, may bring an action (or injunction in any court of competent jurisdiction to enforce the terms of articles of dedication.
The director may make or accept amendments of any articles of dedication upon terms and conditions that are consistent with the purposes for which the preserve is dedicated. If the fee simple interest in the property is not held by the society, no amendments shall be made without the written consent of the owner. Each amendment shall be recorded in the same manner as the articles of dedication.
Archaeological preserves dedicated under this section shall not be taken for any other use or purpose except another public use or purpose after a finding by a court or [sic] common pleas of the existence of an imperative and unavoidable public necessity for such other public use or purpose.
All departments, agencies, units, instrumentalities, and political subdivisions of the state, including counties, town- ships, municipal corporations, park. districts, conservancy districts, universities, colleges, and school districts, may dedicate real property under their jurisdiction as archaeo-logical preserves in accordance with this section.
No person shall violate any terms or conditions of the articles of dedication of an archaeological preserve. No person shall sell, offer for sale, or possess any artifacts or skeletal remains removed without privilege to do so from an archaeological preserve dedicated under this section. Whoever violates this section is guilty of a misdemeanor of the second degree. Whoever violates or threatens to violate this section may be enjoined from violation.
HISTORY: 1976 H 418, eff. 8-24-76
§ 149.53. Survey and salvage; discoveries; preservation.
All departments, agencies, units, instrumentalities, and political subdivisions of the state shall cooperate with the Ohio historical society and the Ohio historic site preservation advisory board in the preservation of archaeological and historic sites and in recovery of scientific information from such sites and for such purposes shall, whenever practical, by contract or otherwise provide for archaeological and historic survey and salvage work during the planning phases, before work on a public improvement begins or at other appropriate times; and require that contractors performing work on public improvements cooperate with archaeological and historic survey and salvage efforts and notify the society or the board about archaeological discoveries. The director of the society shall determine the disposition of artifacts and skeletal remains discovered on state lands.
§ 149.54. Survey and salvage work permit; rules.
In order to ensure that archaeological survey and salvage work on public lands, dedicated archaeological preserves, and registered state archaeological landmarks is conducted in a scientific manner, the director of the Ohio historical society shall, in consultation with the Ohio archaeological council and the archaeological society of Ohio, adopt and may amend or rescind rules, in accordance with Chapter 119. of the Revised Code, prescribing minimum education, training, and experience requirements for personnel in charge of or otherwise engaging in archaeological survey and salvage work, and prescribing scientific methods for undertaking such activities.
No person shall engage in archaeological survey or salvage work on any land that is owned, controlled, or administered by the state or any political subdivision of the state, or at any archaeological preserve, dedicated under section 149.52 of the Revised Code, or at any state archaeological landmark registered under section 149.51 of the Revised Code, without first obtaining the written permission of the director. To obtain permission, the applicant shall submit written application to the director, which application shall indicate the proposed location, the qualifications of personnel who will be engaged in the archaeological survey or salvage work, the proposed methods of survey or salvage, and such other information as the director requires by rule.
The director shall deny the applicant permission to engage in archaeological survey or salvage work at the proposed location if the applicant's proposed undertaking will not comply with the rules adopted under this section. The director shall by written order approve or deny permission to disturb the site. If the director decides to deny permission, the order shall state the reasons for denial, and the director shall afford the applicant an adjudication hearing under Chapter 119. of the Revised Code. The requirements of this section and of any rule adopted pursuant to this section shall not apply to any department, agency, unit, instrumentality, or political subdivision of the state. Whoever violates this section is guilty of a misdemeanor of the second degree. Whoever violates or threatens to violate this section may be enjoined from violation.
HISTORY: 136 v H 418 (Eff 8-24-76); 140 v H 373. Eff 7-1-83.