Section 194.408

Title XII PUBLIC HEALTH AND WELFARE

Chapter 194

Effective - 28 Aug 2018, 2 histories   

  194.408.  State historic preservation officer, reinterment, duties — consultation with advisory council on historic preservation, when — conformity with federal law. — 1.  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 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 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 Missouri advisory council on historic preservation, shall determine the proper disposition of the burial or remains.  But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment 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 be delayed more than one year unless otherwise and to the extent determined by the council;

  (4)  Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the council to delay reinterment 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 council reinterment shall be delayed for a period as specified by the council.

  2.  All actions and decisions of the state historic preservation officer and the council shall be in conformity with the provisions of the federal National Historic Preservation Act of 1966, as amended, and the federal Native American Graves Protection and Repatriation Act (NAGPRA).

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(L. 1987 S.B. 24 § 5, A.L. 2018 S.B. 843)