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The Law and American Indian Grave Protection
Ch. 114 Section 17 Preservation of Ancient Burial Places. A town shall not alienate or appropriate to any other use than that of a burial ground, any tract of land which has been for more than one hundred years used as a burial place; and no portion of such burial ground shall be taken for public use without special authority from the general court. "Burial place", as referred to in this section, shall include unmarked burial grounds known or suspected to contain the remains of one or more American Indian
Ch. 28, Section 6B, Discovery of Unmarked Human Skeletal Remains etc. It shall be the duty of any person in the commonwealth who discovers unmarked human skeletal remains or who knowingly causes to disturb said remains through construction or agricultural activity, to immediately notify the medical examiner of the district of the county wherein the human skeletal remains are located. The medical examiner shall, pursuant to section six, conduct an inquiry to determine whether the remains are suspected of being one hundred years old or more, in which case he shall immediately notify the state archaeologist.
Ch. 9 Section 27C Reports to State Archaeologist (Cessation of Activities at Unmarked Burial Grounds). Any person, corporation, agency or authority of the commonwealth or any of its political subdivisions who shall discover unmarked human burial or skeletal remains suspected of being one hundred years or more pursuant to section six C of chapter thirty-eight, shall immediately cease any activity, including but not limited to, construction and agricultural activity, which would deface, alter, destroy or otherwise impair the integrity of the site until such time as the state archaeologist has completed a site evaluation pursuant to paragraph six of section twenty-six A of chapter nine of the General Laws and until disposition of the remains has been agreed upon pursuant to either section thirty-eight A of chapter seven or pursuant to paragraph seven of section twenty-six A, of chapter nine.
Ch. 114 Section 18 Care of Neglected Burial Places. Any town having within its limits an abandoned or neglected burying ground may take charge of the same and keep it in good order, and may appropriate money therefor, but no property rights shall be violated and no body shall be disinterred. No fence, tomb, monument or other structure shall be removed or destroyed, but the same may be repaired and restored.
Ch. 272 Section 71 Violation of Sepulchure. Whoever, not being lawfully authorized by the proper authorities, wilfully digs up, disinters, removes or conveys away a human body, or the remains thereof, or knowingly aids in such disinterment, removal or conveying away, and whoever is accessory threreto either before or after the fact, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one half years or by a fine of not more than two thousand dollars
Ch. 272 Section 73. Injuring or Removing Tombs, Graves, Memorials, etc.. Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, veteran's grave marker or metal plaque or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or wilfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars.
Ch. 272 Section 73A Removal of Gravestones for Repair etc. In any city or town which accepts this section, the provisions of section seventy-three shall not prohibit the removal, in accordance with the rules and regulations promulgated by the state secretary, of a gravestone or other structure or thing which is placed or designed as a memorial for the dead, for the purpose of repair or reproduction thereof by community sponsored, educationally oriented and professionally directed repair teams.
950 CMR 41. Rules and Regulations for Gravestone Repair and Reproduction.
1. Permits to restore and reproduce gravestones under the provisions of Chapter 448 of the Acts of 1973 shall be issued by the Secretary of the Commonwealth after he shall have satisfied himself that the proposals for such restoration and/or reproduction meet the standards of educational value, community interest, and professional competence. In making this determination the Secretary may call upon the assistance of the staff and members of the Massachusetts Historical Commission, and local, regional state-wide and national historical and other learned societeis and individuals whose expertise he may deem relevant.
2. Reproduction of gravestones may only be done for historical purposes by non-profit organizations.
3. Request for a permit must be submitted upon application form and shall give a detailed plan of the gravestone restoration project.
4128A 11/190
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