§ 171. Discovery and disposition of human remains and funerary\nobjects. 1. Definitions. As used in this section:\n (a) "Burial site" means any location in which human remains are\ninterred, which is not a cemetery subject to provisions of the\nnot-for-profit corporation law, the religious corporations law, the\ngeneral municipal law, the county law, the town law or the village law.\n (b) "Committee" means the Native American burial site review committee\ncreated by subdivision three of this section.\n (c) "Culturally-affiliated group" means any group, including a Native\nAmerican Nation or tribe, whose past or present government, or\ntraditional culture or religion, was or is affiliated with human remains\nor funerary objects which are the subject of this section.\n (d) "Forensic anthropologist or bioarchaeologist" means a person\nqualified in the medicolegal or osteological investigation/examination\nof human skeletal remains.\n (e) "Funerary objects" means any item or items reasonably believed to\nhave been placed with human remains at the time of burial, including but\nnot limited to burial markers, items of personal adornment, vessels,\nbeads, tools, implements, ceremonial objects and other artifacts.\n (f) "Human remains" means the remains of any part of the body of a\ndeceased person, excluding teeth.\n (g) "Lineal descendant" means a genealogical descendant established by\noral tradition, traditional Indigenous knowledge, or written record.\n (h) "Native American Nation or tribe" means any Native American tribe,\nnation or group.\n (i) "State archaeologist" means the person appointed to such office\npursuant to section two hundred thirty-five of the education law.\n 2. Applicability. (a) This section shall apply to all lands within the\nstate except for lands located upon any Native American territory or\nreservation located wholly or partly within the state.\n (b) Subdivisions three, four, five, six, and seven of this section\nshall not apply to any project that has been reviewed pursuant to\nsection 14.09 of the parks, recreation, and historic preservation law or\nto state participation in any review conducted pursuant to section 106\nof the National Historic Preservation Act. If any human remains are\ndiscovered during the project, the applicant shall immediately notify\nthe state archaeologist.\n 3. Native American burial site review committee. (a) There is hereby\nestablished a Native American burial site review committee consisting of\nthe following:\n (i) one member to be appointed by each of the Native American Nations\nor tribes recognized by the state;\n (ii) the state archaeologist;\n (iii) a forensic anthropologist or bioarchaeologist appointed by the\nexecutive director of the New York state museum;\n (iv) the chair of the human remains committee or other designee of the\nNew York Archaeological Council; and\n (v) one member with expertise in the field of historic preservation\nappointed by the commissioner of the office of parks, recreation and\nhistoric preservation.\n (b) The committee shall elect a chairperson from among its members.\nThe members who are not public employees shall be reimbursed by the\nstate for their reasonable, necessary expenses incurred in the\nperformance of committee functions. Three-fifths of the members of the\ncommittee shall constitute a quorum for the purpose of conducting\nbusiness. A majority vote of all members who have been appointed or who\nare serving ex-officio shall be necessary for action. Any vacancy shall\nbe filled in the same manner as the original appointment.\n (c) It shall be the function of the committee to determine the lineal\ndescendants and/or culturally-affiliated groups for Native American\nhuman remains and funerary objects subject to this section, and to\nprovide notice to such descendants and/or groups as provided in this\nsection. The state archaeologist shall prepare, and the committee shall\nadopt, standard procedures for deter
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