In order to ensure that the scientific knowledge about both prehistoric and historic North American Indian cultures is made available to the public and is not willfully or unnecessarily destroyed or lost, the Ohio historical society shall maintain a state registry of archaeological landmarks that it finds to have archaeological significance. The society shall not place any land on the registry without first obtaining a written agreement with the landowner that subjects the land to the provisions of this section. The agreement shall be executed and recorded in the same manner as a deed or conveyance of an interest in real property. The agreement shall contain the legal description of the parcel of real estate upon which the landmarks are located, a reference to the volume and page of the deed record in which the title of the owner is recorded, and the accurate location of any known Indian mounds, earthworks, or burial or settlement sites on the real estate. The society shall file the written agreement in the office of the county recorder of the county in which the land is located for recording in the deed records of the county.
The written agreement may be terminated, at the option of any subsequent owner of the land, within sixty days after the record of the conveyance or other transfer of title to him is filed for record in the office of the county recorder. The owner shall send notice of the termination of the agreement, by certified mail, to the director of the Ohio historical society and file an affidavit, pursuant to section 5301.252 of the Revised Code, for record in the office of the county recorder, stating that the agreement has been terminated. An affidavit filed and recorded pursuant to this section is conclusive evidence of the termination of the agreement.
The registry shall indicate the accurate location of each registered archaeological landmark and shall be made available for public inspection.
Within any land that is placed on the state registry of archaeological landmarks, no person or government entity shall at any time after placement on the registry dig, excavate, remove, or otherwise destroy any Indian mounds, earthworks, burial or settlement sites, or other recognizable evidence of prehistoric or historic Indian settlement or occupation, or remove skeletal remains or artifacts from within the earth, without:
(A) Notifying the director of the Ohio historical society in writing of an intent to disturb the mound, earthwork, or burial or settlement site, prior to the commencement of the work;
(B) Affording the director's duly authorized representatives access to the mound, earthwork, or burial or settlement site in order to assist in planning and observe or record the methods of excavation and findings of artifacts, sample the soil or rock strata, or obtain other information or data of archaeological significance; and
(C) Upon completion of work at the mound, earthwork, or burial or settlement site, reporting to the director in writing what artifacts and skeletal remains were found, their intended disposition, and what other information or data were obtained that are known to be of archaeological significance.
The owner shall not engage in nor authorize any other person to engage in archaeological survey or salvage work within lands so registered without a permit issued under section 149.54 of the Revised Code.
No person shall sell, offer for sale, or possess any artifacts or skeletal remains removed without privilege to do so from lands placed on the state registry of archaeological landmarks.
The director may designate in writing persons in various parts of the state whom the director determines to have sufficient experience in archaeological work, as duly authorized representatives for purposes of this section.
Whoever violates this section is guilty of desecrating an archaeological landmark, a misdemeanor of the second degree. Whoever violates or threatens to violate this section may be enjoined from violation.
Effective Date: 08-24-1976