194.406. Unmarked human burials, knowledge or discovery--notice to local law enforcement officer or state historic preservation officer--jurisdiction, how determined.
Unmarked human burials, knowledge or discovery--notice to local lawenforcement officer or state historic preservationofficer--jurisdiction, how determined.
194.406. 1. Any person knowing or with reason to know thatan unmarked human burial or human skeletal remains are beingdisturbed, destroyed, defaced, mutilated, removed, or excavated,or exposed shall immediately notify either the state historicpreservation officer or the local law enforcement officer withjurisdiction for the area in which the burial or remains areencountered.
2. When an unmarked human burial or human skeletal remainsare encountered as a result of construction or agricultural earthdisturbing activities or by a professional archaeologist in thecourse of an investigation all such activities shall ceaseimmediately within a radius of fifty feet of the point ofdiscovery. Such activity shall not resume without specificauthorization from either the state historic preservation officeror the local law enforcement officer, whichever party hasjurisdiction over and responsibility for such remains. Saidparties shall act promptly and make a decision within areasonable time. Jurisdiction will be determined as follows:
(1) If upon investigation, the local law enforcement officerdetermines that the human skeletal remains may be involved in alegal investigation, that officer will immediately assume alljurisdiction over and responsibility for such remains;
(2) If upon investigation, the local enforcement officerdetermines that the remains are not involved in a legalinvestigation, the state historic preservation officer or hisduly designated representative shall assume responsibility forsuch remains.
(L. 1987 S.B. 24 § 3)