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The Law and American Indian Grave Protection36-1-114. Protection of prehistoric ruins; permits to excavate, regulations and violations.
Before any excavation on any prehistoric ruins, pictographs, hieroglyphics or any other ancient markings, or writing or archaeological and paleontological deposits in the state of Wyoming on any public lands, either state or federal, shall be undertaken, a permit shall first be obtained from the state board of land commissioners. The state board of land commissioners is hereby authorized to promulgate and enforce such regulations as it may deem needful to protect from vandalism or injury the prehistoric ruins, relics, archaeological and paleontological deposits of the state, as well as all natural bridges and natural scenic features and formations. Any violation of such regulations shall be a misdemeanor. (Laws 1935, ch. 37, 1; C.S. 1945, 24-131; W.S. 1957, 36-11.)
Law reviews. -- For article, "Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act -- Advance or Retreat?" see XI Land & Water L. Rev. 27 (1976)
Am. Jur. 2d. ALR and C.J.S. references -- Application and construction of 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f), dealing with federally sponsored projects which affect historic properties. 68 ALR Fed 578.
36-1-115. Protection of prehistoric ruins; consent to removal from state.
No person shall remove from the state of Wyoming any part of any such ruins or deposit except with the consent of the state board of land commissioners. Said board may require, as a condition to such consent, that such portion of such relics, materials, or deposit as said board shall require, shall forever remain the property of the state of Wyoming. (Laws 1935, ch. 37, 2; C.S. 1945, 24-132; W.S. 1957, 35-12.)
36-1-116. Protection of prehistoric ruins; penalty.
(a) Except as provided by subsection (d) of this section, any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00), or imprisoned in the county jail not more than six (6) months, or by both fine and imprisonment, and shall forfeit to the state all articles and materials discovered by or through his efforts.
(b) Persons holding permits or leases on state lands may not sublease or subcontract archaeological or paleontological removal without prior written approval of the board.
(c) All state leases are subject to inspection by state or county law enforcement agencies or their designees for violation of W.S. 36-1-114 and 36-1-115.
(d) Any person who, for monetary gain or for commercial or any other purpose, removes any archeological or paleontological artifacts in violation of W.S. 36-1-114 or 36-1-115 with a cumulative value in excess of five hundred ($500.00) shall be guilty of a felongy and upon conviction shall be fined up to ten thousand dollars ($10,000.00), imprisoned for up to ten (10) years, or both. (Laws 1935, ch. 37, 3; C.S. 1945, 224-133; W.S. 1957, 36-13; 1997, ch. 200, 1.)
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