Public Resources Code, Section 5097.5 Provides that no person shall knowingly and willfully excavate upon, or remove, destroy, injure, or deface any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over the lands. Violation is a misdemeanor. Public lands means lands owned by, or under the jurisdiction of, the state or any city, county, district, authority, or public corporation, or any agency thereof. Public Resources Code, Sections 5097.9 to 5097.99 Established the California Native American Heritage Commission, and prohibits agencies or individuals from disturbing American Indian sacred, ceremonial, or cemetery sites and from interfering with the free expression of American Indian religious practices. It also creates a role for the Native American Heritage Commission relating to the treatment and disposition of human remains encountered during construction or other projects.
Persons illegally obtaining Native American artifacts or human remains are guilty of a felony.
Senate Concurrent Resolution Number 43 Requires all state agencies to cooperate with programs of archaeological survey and excavation, and to preserve known archaeological resources whenever this is reasonable. Provides for the identification and protection of traditional Native American resource gathering sites on State land.