An Urgent Call to Gov. Kathy Hochul to Protect the Dignity of the Deceased

The Unmarked Burial Site Protection Act will join New York to the family of states that protect ancient burial sites whose surface appearances may have disappeared over time but are nonetheless sacrosanct land worthy of respect and dignity. Neither the New York State Office of Historic Preservation nor the NYS Dept of Environmental Conversation have the resources nor the expertise to singularly provide protection for these sites. As a result, private developers have unfettered discretion to destroy these grave sites without fear of reprisal. Federal and New York State laws, as they currently exist, do not apply to lands held privately. It is a gap in an otherwise significant body of enforcement which has paved the way for the appropriate handling of sacred sites and human remains.

S5701 / A6724, which the legislature passed last session, closes that gap. Only New York, New Jersey and Wyoming fail to protect human remains found in unmarked burial sites. The proposed legislation protects not only Native burial sites, but also those of African Americans and Revolutionary War veterans who were often buried in mass graves. It is right that we do this.

The Unmarked Burial Site Protection Act provides a well-known mechanism for the protection of sacred sites. The bill creates a committee which includes the New York State Archeologist; the State is thus intimately involved in the process. The bill provides penalties for failure to report and failure to act in an appropriate and respectful manner. It also provides a mechanism for the swift and appropriate disposition of human remains, helps prevent the desecration and theft of human burials, and gives the New York Attorney General authority to intervene when necessary.

The states of Florida, Massachusetts and Washington have significant urban, rural and suburban populations, similar to New York, and their unmarked burial protection laws work well. If New York State can devise laws to protect wetlands and endangered species, should human remains command anything less? Gov. Hochul must sign this legislation into law.