Human Remains

When the location of burial mounds and cemeteries on a given property is known, appropriate planning can occur in the early stages of a project. At times, however, human remains are unexpectedly uncovered; the ramifications of such an event can be enormous and complex. The need of Native Americans to protect the remains of their ancestors must be balanced with genuine sensitivity, state law, and development pressures. The 106 Group is able to assist in addressing these issues. The following summarizes the relevant laws and policies.

Minnesota State Law - Minnesota Private Cemeteries Act, 1975 (M.S. 307.08)

This act provides protection for marked and unmarked human burials and remains older than 50 years, and located outside of platted, recorded or identified cemeteries, protection from unauthorized disturbance. This statute applies to burials on either public or private lands or waters. Highlights include:

• It is a crime to intentionally destroy or remove human skeletal remains or burials.
• The Act directs the OSA to authenticate all burial sites.
• When human remains or burials are American Indian, the OSA and MIAC must attempt to identify their tribal identity.
• No authenticated American Indian burial may be relocated without approval of the MIAC.
• When American Indian burials are known or suspected to exist on public lands, the political subdivision controlling the land must submit development plans to the state archaeologist and the MIAC for review prior to advertising bids.

For further information see http://www.admin.state.mn.us/osa/.

Iowa State Law - Iowa Burial Protection Program

The OSA Burials Program is statutorily responsible for investigating, preserving, and reinterring ancient human physical remains (Code of Iowa, Chapter 263B). We work closely with an OSA Indian Advisory Council and affiliated tribes. Preservation of burial sites is always the preferred treatment. In cases where significant sites are threatened, the State Archaeologist (OSA Director) has the authority to deny permission to disinter (Code of Iowa, 263B.9).

The OSA Burials Program is involved in numerous projects throughout Iowa. Since 1976, when Iowa's burial protection law was passed, the program has handled over 1,800 projects in 97 of Iowa's 99 counties. Field projects result in the discovery of many new sites and acquisition of new information on previously recorded sites. Field work involves verification of reports of possible burials or mounds, as well as examination of mounds or mound groups and other burials that are threatened by erosion, construction or quarrying activities, or vandalism. Many sites require periodic monitoring. Other types of projects include collections that are turned over to the OSA by museums, other repositories, and individuals, for examination and repatriation or reburial. Some projects yield negative results. These include remains that are submitted for examination and determined to be nonhuman, reports of possible mounds that upon field inspection are determined to be recent disturbances or natural features, and reports of construction that are determined to have no impact.

Reburials have been conducted in Iowa since 1976. Four cemeteries on state-owned land have been dedicated and set aside for this purpose. The cemeteries are located in western, eastern, north central, and south central Iowa. Remains are reinterred in the cemetery nearest to the original burial site, and a ceremony may be held at or shortly after each reburial in accordance with the wishes of the IAC or affiliated tribes. Occasionally remains are reburied at the original burial site. The remains of 1205 individuals have been reburied in the four cemeteries since the program began including recent repatriations to the Iowa and Sac & Fox tribes.

For further information see http://www.uiowa.edu/~osa/burials/.

Wisconsin State Law - Burial Sites Preservation Program

The Burial Sites Preservation Program (BSPP) was created in 1987 with the passage of the Wisconsin Burial Sites Preservation law (Wisc. � 157.70). The law requires the BSPP to identify/locate and catalog burials, respond to burial disturbances as they occur, analyze human remains and work with the Director of the Society to ensure final disposition of those remains. The intent of the law is to protect all human burials from any type of disturbance. The law does allow penalties to be levied on those persons who fail to report the disturbance of a burial site, or who are responsible for disturbing such a site.

For further information see
http://www.wisconsinhistory.org/hp/burialsites/.

Advisory Council on Historic Preservation Policy

Policy Statement Regarding Treatment of Human Remains and Grave Goods
Adopted by the Advisory Council on Historic Preservation
September 27, 1988

When human remains or grave goods are likely to be exhumed in connection with an undertaking subject to review under Section 106 of the National Historic Preservation Act, the consulting parties under the Council's regulations should agree upon arrangements for their disposition that, to the extent allowed by law, adhere to the following principles:

• Human remains and grave goods should not be disinterred unless required in advance of some kind of disturbance, such as construction;
• Disinterment when necessary should be done carefully, respectfully, and completely, in accordance with proper archeological methods;
• In general, human remains and grave goods should be reburied, in consultation with the descendants of the dead.
• Prior to reburial, scientific studies should be performed as necessary to address justified research topics;
• Scientific studies and reburial should occur according to a definite, agreed-upon schedule; and,
• Where scientific study is offensive to the descendants of the dead, and the need for such study does not outweigh the need to respect the concerns of such descendants, reburial should occur without prior study. Conversely, where the scientific research value of human remains or grave goods outweighs any objections that descendants may have to their study, they should not be reburied, but should be retained in perpetuity for study.