What happens if human bones are found on my project?
Human remains discovered unexpectedly on an archaeological site must be treated with the utmost dignity and respect. Work should immediately halt and the remains left in place so that a determination can be made about prehistoric or historic affiliation, as well as any modern conditions that could make this a crime scene. This determination should be done by an expert, such as an archaeologist or physical anthropologist or coroner. Projects proposed on federal or tribal land must comply with the Native American Graves Protection and Repatriation Act of 1990 by contacting the SHPO and initiating the Native American consultation process. Projects sponsored by a federal agency must follow the Section 106 regulations for the National Historic Preservation Act, calling for consultations with all parties who may have an interest in those remains. Projects proposed on state land, sponsored by a state agency, or reviewed by a state agency must contact the OPR&HP for guidance on the appropriate consultation process. If human remains are found unexpectedly in your project area, secure the site and protect the remains from damage and disturbance (e.g., looting).
What happens next?
The process differs depending on whether the remains are historic or prehistoric. If the remains are from the historic period (e.g., they have coffin remains, there are historic artifacts with them, or they are in a historically documented cemetery), then they are treated as a significant archaeological site. If they are from a family cemetery and there are lineal descendants, then these family members have a voice in whether the remains are removed and re-interred. These discussions would occur within the context of the federal Section 106 or state Section 14.09 regulations. If the remains are prehistoric or associated with historic Native American groups, some form of consultation with tribal groups who could be associated with the burials occurs. For federal projects, Native Americans will have a deciding say on whether they will allow the remains to be removed and reburied, or if they require that they remain in their original place. For state projects, a similar consultation process occurs and the OPR&HP has an important say in what happens next. If removal of the remains and reburial is the agreed upon process, then you may be invited to participate in the formal ceremonies associated with the reinterment.
How do these findings affect my project?
As with all other significant cultural resources, the preferred option
is preservation in place. This is even more important for finds of human
remains since many view these burial places as sacred. For prehistoric
sites, a lot depends on the outcome of the consultation process and how
the remains were treated after they were found. It is possible that finding
human remains will have a serious effect on your project in that you may
not be able to build or otherwise disturb that spot. In other cases, an
agreement will allow the removal of the burials and construction can go
ahead according to schedule.