Outreach :: State Lands Permits :: Education Law Section 233

EDUCATION LAW § 233. State Museum; collections made by the staff

1. All scientific specimens and collections, works of art, objects of historic interest and similar property appropriate to a general museum, if owned by the state and not placed in other custody by a specific law, shall constitute the collections of the state museum. The state museum shall be the custodian of the collections, shall perform standard curatorial, research and educational activities and a director appointed by the regents shall constitute its head.

2. Any scientific collection made by a member of the museum staff during his term of office shall, unless otherwise authorized by resolution of the regents, belong to the state and form a part of the state museum.

3. The state of New York, through its legislative authority accepts the provisions of section one hundred twenty of the federal-aid highway act of nineteen hundred fifty-six (70 Stat. 374) relating to the salvage of archaeological and paleontological objects, including ruins, sites, Indian burial grounds, buildings, artifacts, fossils or other objects of antiquity having national significance from an historical or scientific standpoint, and empowers and directs the commissioner of education to make agreements with appropriate state departments or agencies and such agency or agencies as the federal government may designate to carry out the purposes of such provision of law.

4. Except as otherwise provided in subdivision three of this section, no person shall appropriate, excavate, injure or destroy any object of archaeological and paleontological interest, situated on or under lands owned by the state of New York, without the written permission of the commissioner of education. A violation of this provision shall constitute a misdemeanor. The discovery of such objects shall be forthwith reported to the commissioner by the state department or agency having jurisdiction over such lands.

5. Permits for the examination, excavation or gathering of archaeological and paleontological objects upon the lands under their respective jurisdictions may be granted by the heads of state departments or other state agencies to persons authorized by the commissioner of education for the purposes of the state museum and state science service, with a view to the preservation of any such objects worthy of permanent preservation and, in all cases, to the acquisition and dissemination of knowledge relating thereto.

L.1947, c. 820; amended L.1958, c. 121, eff. March 6, 1958.
23 U.S.C.A. § 170.

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