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<< back to The Archaeology of Missouri
Unmarked
Human Burial Law
Chapter 194
Unmarked Human Burial Sites
194.400. Definitions.—As used in section 194.400 to 194.410 the following words and phrases mean:
(1) "Committee," the unmarked human burial consultation committee;
(2) "General archaeological investigation," refers to:
(a) Excavations performed by professional archaeologists which are at the discretion of the state historic preservation officer, usually consisting of a structured scientific undertaking comprised of three segments including field investigations, laboratory analysis, and preparation and submission of a report of investigation; and
(b) Identification of the presence of human remains in excavated materials considered to occur at the completion of the laboratory analysis segment of the studies as above;
(3) "Professional archaeologist," a person who has a graduate degree in archaeology, anthropology, or closely related field, at least one year of full-time professional experience or equivalent specialized training in archaeological research, administration of management, or at least four months of supervised field and analytic experience in general North American archaeology and demonstrated ability to carry archaeological research to completion, as evidenced by a master of arts or master of science thesis, or report equivalent in scope and quality;
(4) "Skeletal analyst," a person possessing a postgraduate degree representing specialized training in skeletal biology, forensic osteology, or other relevant aspects of physical anthropology. The skeletal analyst shall have a minimum experience of one year in conducting laboratory reconstruction and analysis, and shall have demonstrated the ability to design and execute a skeletal analysis, and to present the written results and interpretations of such analysis in a thorough, scientific, and timely manner;
(5) "Specific scientific investigations," refers to detailed studies of human remains by professional archaeologists, anthropologists, osteologists, or professionals in related disciplines;
(6) "State historic preservation officer," the director of the Department of Natural Resources or his designee. The director may appoint as his designee the state archaeologist employed in the historic preservation program or any other appropriate employee of the Department of Natural Resources;
(7) "Unmarked human burial," any instance where human skeletal remains are discovered or where based on reasonable evidence they are believed to exist, but for which there exists no written historical documentation or grave markers.
(L.1987 S.B. 24 §
1)
194.405. Scope of Law.—When an unmarked human burial or human
skeletal remains are encountered during archaeological excavation, construction,
or other ground disturbing activities, whether found on or in any private
lands or waters or on or in any lands or waters owned by the state of
Missouri or its political subdivisions, agencies or instrumentalities,
the provisions of sections 194.400 to 194.410 shall apply.
(L. 1987S.B.24 § 2)
194.406. Unmarked human burials, knowledge or discovery—notice to local law enforcement officer or state historic preservation officer—jurisdiction, how determined.—1. Any person knowing or with reason to know that an unmarked human burial or human skeletal remains are being disturbed, destroyed, defaced, mutilated, removed, or excavated, or exposed shall immediately notify either the state historic preservation officer or the local law enforcement officer with jurisdiction for the area in which the burial or remains are encountered.—2. When an unmarked human burial or human skeletal remains are encountered as a result of construction or agricultural or other earth disturbing activities or by a professional archaeologist in the course of an investigation all such activities shall cease immediately within a radius of 50 feet of the point of discovery. Such activity shall not resume without specific authorization from either the state historic preservation officer or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. Said parties shall act promptly and make a decision within a reasonable time. Jurisdiction will be determined as follows:
(1) If upon investigation, the local law enforcement officer determines that the human skeletal remains may be involved in a legal investigation, that officer will immediately assume all jurisdiction over and responsibility for such remains;
(2) If upon investigation, the local enforcement officer determines that the remains are not involved in a legal investigation, the state historic preservation officer or his duly designated representative shall assume responsibility for such remains.
(L.1987 S.B. 24 §
3)
194.407. State historic preservation officer, jurisdiction of unmarked
human burials, duties—general archaeological investigation, when—professional
archaeologist, advise state historic preservation officer, when—1.
In cases where an unmarked human burial or human skeletal remains are
discovered as a result of construction or agricultural earth disturbing
activities and where the state historic preservation officer has been
determined to have jurisdiction, the state historic preservation officer
shall determine whether removal of the human skeletal remains is necessary
and appropriate for the purpose of scientific analysis. A general archaeological
investigation of the site shall be conducted by a professional archaeologist,
and the professional archaeologist shall advise the state historic preservation
officer of the physical location and the cultural and biological characteristics
of the unmarked human burial or human skeletal remains within 30 days
after the state historic preservation officer assumed jurisdiction over
the burial or remains.—2. In cases where an unmarked human burial or
skeletal remains are discovered by a professional archaeologist in the
course of an investigation, and where the state historic preservation
officer has been determined to have jurisdiction, the professional archaeologist
shall advise the state historic preservation officer of the physical location
and the cultural and biological characteristics of the unmarked human
burial or human skeletal remains within 30 days after the state historic
officer assumed jurisdiction.—3. Notwithstanding anything to the contrary
herein contained, no construction shall be suspended or delayed more than
30 days.
(L. 1987 S.B. 24 §
4)
194.408. State historic preservation officer, reinterment, duties—consultation
with unmarked human burial consultation committee, when.—Whenever
an unmarked human burial or human skeletal remains are reported to the
state historic preservation officer, the state historic preservation officer
shall proceed as follows:
(1) Insofar as possible, the state historic preservation officer shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains constitute the burial. The state historic preservation officer, in consultation with the most closely related family member, shall determine the proper disposition of the remains;
(2) When no direct kin or descendants can be identified or located, but the burial or remains can be shown to have ethnic affinity with living peoples, the state historic preservation officer in consultation with the leaders of the ethnic groups having a relation to the burial or remains shall determine the proper disposition of the remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment or other disposition shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment or other disposition be delayed more than one year;
(3) When the burial or remains cannot be related to any living peoples, the state historic preservation officer, in consultation with the unmarked human burial consultation committee, shall determine the proper disposition of the burial or remains. But, if the state historic preservation officer determines the burial or remains are scientifically sigficant, no reinterrment or other disposition shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officers. In no event shall reinterment or other disposition be delayed more than one year unless otherwise and to the extent determined by the committee, except as provided for in subdivision (4) of this section;
(4) Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the unmarked human burial consultation committee to delay reinterment or other disposition of the remains for an additional scientific study in a facility chosen by the state historic preservation officer. If the study is approved by the committee, reinterment or other disposition shall be delayed for a period as specified by the committee.
(L. 1987 S.B. 24 §
5)
194.409. Unmarked human burial consultation committee, established—seven
members, qualifications—state historic preservation officer, chairman—meetings,
when—members serve without remuneration—expenses—federal law.—1.
There is hereby created in the Department of Natural Resources an "Unmarked
Human Burial Consultation Committee," which shall be composed of seven
members to be appointed by the governor with the advice and consent of
the senate. The members of the committee shall be appointed as follows:
the state historic preservation officer, two members who are archaeologists
or skeletal analysts, two native Americans who are members of an Indian
tribe recognized by the United States of America, one member who is a
non-Indian minority, and one non-Indian, non-minority member who is neither
a professional archaeologist nor a skeletal analyst. Members of the committee
shall be residents of the state of Missouri.—2. The state historic preservation
officer shall be chairman of the committee and shall serve a term which
is contemporaneous with his employment as director of the Department of
Natural Resources. The terms of all other members of the committee shall
be three years.—3. The committee shall meet at least once each calendar
year, but may meet more often at the request of the state historic preservation
officer.—4. The members of the committee shall serve voluntarily and
shall not receive compensation for membership on the committee, except
that they shall be eligible to receive reimbursement for transportation
expenses as provided for through the budget approved for the office of
the state historic preservation officer.-5. All actions and decisions
of the state historic preservation officer and the unmarked human burial
consultation committee shall be in conformity with the provisions of the
federal National Historic Preservation Act of 1966, as amended.
(L. 1987 S.B. 24 §
6)
194.410. Human burial sites—knowingly disturb—penalty.—1. Any
person, corporation, partnership, proprietorship, or organization who
knowingly disturbs, destroys, vandalizes, or damages a marked or unmarked
human burial site commits a class D felony.—2. With the exception of
facilities licensed pursuant to chapter 198, RSMo, embalmers and funeral
directors licensed pursuant to chapter 333, RSMo, hospitals licensed pursuant
to chapter 197, RSMo, or any related medical facilities or institutions
or their staff, it is unlawful for any person, corporation, partnership,
proprietorship or organization to possess, sell, own or publicly display
any unmarked human remains unless the unmarked human burial consultation
committee approves such possession, ownership, or display. Any violation
of this subsection is a class D felony.—3. Persons who turn over unmarked
human remains to the state historic preservation officer for reburial
within two years after the effective date of this section shall be exempt
from prosecution under this section.
(L. 1987 S.B. 24 § 7, A.L. 1990 H.B. 1079)
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Last updated December 2006.
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