STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1987, updated 2004
Summary: This statute establishes an Unmarked Human Burial Consultation Committee in the Department of Natural Resources. Upon discovery of unmarked human burials or human skeletal remains during archaeological excavation, construction, agriculture or other ground disturbing activities on private lands and waters or state lands and waters, the activity must cease immediately and either the State Historic Preservation Officer (SHPO) or local law enforcement office is notified. Activity will not resume until specific authorization from either the SHPO or law enforcement office is received. The law enforcement officer determines if the remains are needed for criminal investigation; if not, the SHPO determines if the human remains must be removed for scientific analysis. An archaeological investigation will be done within 30 days to determine cultural and biological characteristics. The SHPO must try to identify and locate direct kin who will determine disposition; if no direct kin can be identified and ethnic affinity has been determined, the ethnic group determines disposition. If the SHPO determines the remains are scientifically important, analysis may take place prior to reinterment. Analysis must be completed within one year. If no affinity can be established, the Unmarked Human Burial Consultation Committee determines disposition. It is a Class D felony with five years imprisonment and $10,000 fine to violates the law. It is unclear who pays for required archaeological excavation and study of remains. There is no mention of associated artifacts.
Online State Law Source: http://www.moga.state.mo.us/statutesearch/
Permitting: The SHPO issues excavation permits.
Penalties: Class D felony with up to five years imprisonment and $10,000 fine to violate the law.
Review/Consultation Committee: The Act establishes the Unmarked Human Burial Consultation Committee.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Unmarked Human Burial Sites (Missouri Rev. Stat. §194.400, §194.405, §194.406, §194.407, §194.408, §194.409, §194.410), SB 0943 - Modifies provisions of Unmarked Human Burial Act, SB 0834 Stealing Native American Remains, Imprisonment (Section 558.011), Fines for Felonies (Section 560.011), Fines for Misdeamenors and Infractions (Section 560.016), Time Limitations (Section 556.0036).
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