Section 7050.5 - Requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If Native American, the coroner must contact the California Native American Heritage Commission. Penal Code, Title 14, Section 622.5 Provides that it is a misdemeanor offense for any person other than the owner to willfully damage or destroy archaeological or historical features on public or privately owned land. Public Resources Code, Section 5020 Created the California Historic Landmarks Committee in 1939, and authorizes the Department of Parks and Recreation to designate Registered Historical Landmarks and Registered Points of Historical Interest. Public Resource Code, Sections 5097-5097.6 Provides guidance for state agencies in the management of archaeological, paleontological, and historical sites affected by major public works project on state land.
State land means land owned by, or under the jurisdiction of, the state or any state agency.
Prior to commencement of construction, state agencies may submit general plans describing major public works projects to the Department of Parks and Recreation. The Department may conduct an archaeological site survey on the affected state lands and provide recommendations concerning the preservation, photographing, recording, or excavation for any archaeological, paleontological, or historical features which may be located upon state lands. The site survey shall include investigations for any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological sites, fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological, or historical features. Upon receipt of the Department of Parks and Recreation's recommendation, the state agency may undertake such surveys, excavation, or other operations it determines necessary to preserve or record the archaeological, paleontological, or historical features or may commission the Department to undertake such operations. No archaeological program conducted by the Department of Parks and Recreation shall impair, impede, or delay any state construction project.