Inyo County Municipal Code Ch. 9.52 Disturbance of Archaeological, Paleontological and Historical Features

Excavation or exploration for archaeological, educational, or artifact collection purposes of any Native California Indian burial site shall not be permitted.

This section shall not be construed to prohibit surveys conducted by or contracted for by the county of Inyo, or the Big Pine Indian Reservation, or the Bishop Indian Reservation, or the Death Valley Timbi-Shaw Shoshone Band, or the Fort Independence Indian Reservation, or the Lone Pine Indian Reservation, or the Owens Valley-Paiute-Shoshone Band, on land in their respective jurisdiction, for the purposes of determining the existence of a Native California Indian burial site or the effect that a proposed project or action may create on a Native California Indian burial site; provided the surveys shall not significantly disturb Native California Indian burial sites; and provided the person designated by the county to be responsible for surveys conducted by or contracted for by the county shall, within a reasonable time prior to the survey, notify the Native California Indian Tribes or Bands designated in this section of the time and place of the intended survey and allow a representative of the Native California Indians to be present and assist in the location of Native California Indian burial sites during the survey.

(Ord. 245 § II, 1973)

When the preponderance of archaeological or historical evidence indicates that a site was set aside for the repose of the human remains of a community of Native California Indians, no public or private project or action the county of Inyo is responsible for, or may regulate, in whole or in part, that may disturb a Native California Indian burial site, shall be expressly permitted until plans for the project or action shall be submitted to the Big Pine Indian Reservation, the Bishop Indian Reservation, the Death Valley Timbi-Shaw Shoshone Band, the Fort Independence Indian Reservation, the Lone Pine Indian Reservation, the Owens Valley-Paiute-Shoshone Band, or representatives they may designate, for review and comment. The plans shall contain the information necessary to describe the project or action and the probable effect it will have on the burial site. Failure to comment within twenty days shall be regarded as a review with no comment; provided, if written request is received within the twenty-day comment period, the time for review and comment may be extended by the county planning commission.

(Ord. 245 § III, 1973)

No publicly or privately sponsored project or action shall be expressly permitted by the county planning commission, hereinafter, "the commission," or any other county agency where the commission finds that any archaeological, paleontological, and historical features, or Native California Indian burial sites may be disturbed in any way by the project or action; provided, the commission may conditionally expressly permit the project or action if the project or action sponsor takes responsibility for preservation, protection, or relocation of the features or sites in accordance with a specific plan for preservation, protection, or relocation that shall be reviewed and approved by the commission after a public hearing. The public hearing shall be held, in the instance of Native California Indian burial sites, following the review and comment required by Section 9.52.020.

No plan shall be sufficient and no plan shall be approved by the commission unless the plan, in addition to proposed preservation, protection, or relocation measures, shall propose reasonable alternatives to the proposed project or action that do not require significant disturbance of the features or sites. The commission may deny express permission if it finds a reasonable alternative exists.

If, in that instance of Native California Indian burial sites, relocation is expressly permitted by the county, interested Native California Indians in the county shall have the right to disinter and bury; provided, if the interested Native California Indians do not disinter and bury within fourteen days of notice to the Native California Indian tribes or bands designated in Section 9.52.020, then any sponsor shall disinter and bury. Relocation shall be as near as possible to the original site. Relocation shall not be the preferred way to secure Native California Indian burial sites.

(Ord. 245 § IV, 1973)

If in the course of a project or action commenced pursuant to express permission in accordance with this chapter, or in the course of a project or action in any way commenced, over which the county has jurisdiction an archaeological, paleontological, or historical or a Native California Indian burial site is discovered, the person responsible for the project or action shall notify the county planning commission, of the existence of the feature or site, and in the instance of an archaeological, paleontological, or historical feature, if any damage to the feature or site is contemplated, allow the commission a reasonable time, not to exceed fourteen days, to relocate the feature if the commission, in its discretion, finds relocation is proper, considering the resource value of the feature balanced against the economic detriment to the project or action, and, in the instance of a Native California Indian burial site, the commission shall notify interested California Native Indians in the county, within three days of notification to the commission by the person responsible for the project or action, of the existence of the discovered Native California Indian burial site, and expressly permit the interested Native California Indians eleven days to relocate the burial site in accordance with the relocation provisions of Section 9.52.030.

(Ord. 245 § V, 1973)

A violation of this chapter, or any provision thereof, is punishable as a misdemeanor by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months or by both.

(Ord. 245 § VI, 1973)

Nothing in this chapter prohibits any citizen or group of citizens from pursuing any civil remedies available to said parties pursuant to law.

(Ord. 245 § VII, 1973)