Unanticipated Discovery of Human Remains. In the event of unexpected discovery of human remains or funerary objects/contexts during the field investigation, the Firm will comply with all applicable state laws (Texas Health and Safety Code Section 711 and the Texas Administrative Code Title 13, Chapter 22 Sections 22.1 through 22.6.) as well as take into account the Advisory Council on Historic Preservation’s 2007 Policy Statement on the Treatment of Burial Sites. Any human skeletal remains that may be discovered will, at all times, be treated with dignity and respect. If human remains are uncovered during the investigation, the following steps will be taken: • The Firm will halt excavation of the remains and shall notify the Xxxxxxxxxx County sheriff and the THC. The sheriff will be requested to contact the coroner/medical examiner. After examining the human remains, if the sheriff and coroner determine the remains are modern, then the sheriff or coroner will assume responsibility for the remains. • Appropriate measures will be taken to ensure that the remains are protected and not disturbed prior to the conclusion of investigation by law enforcement and consultation with appropriate groups to determine next steps (if needed). • Excavations (e.g., shovel testing, backhoe trenching) within 328 feet of the find will be halted until the THC authorizes continued work in those areas. • Field investigations will continue elsewhere in the project area. • If the county sheriff and coroner determine that the remains are not modern or a crime scene, thereby relinquishing their jurisdiction over the remains, the Firm will coordinate with the County and THC to determine the appropriate course of action and file a Notice of the Existence of a Cemetery.
Unanticipated Discovery of Human Remains. Should any known or suspected burials, interments or human remains (hereafter, “remains”) be encountered during construction, all applicable construction work in the vicinity of the remains will be immediately stopped to prevent damage to the remains, or to any additional remains that might be present in the vicinity. A minimum 100-foot buffer around identified remains should be established free of disturbance, to be adjusted as appropriate for the site conditions. Construction may occur outside the buffer unless evidence of additional remains is found. If remains are suspected to be human but not confirmed, MDOT MTA will ensure that such confirmation is made by a qualified professional. Human remains will, at all times, be treated respectfully and access and visibility limited to the site of discovery to authorized personnel only. Pursuant to State of Maryland Criminal Code § 10-402, the State’s Attorney must authorize movement or removal of any remains until determined to be archaeological. If the remains are determined to be archaeological, FTA, MDOT MTA and MD SHPO will consult to determine treatment of the remains and any other necessary treatment such as work needed to define extent of remains in the most expeditious manner feasible. If the remains are determined archaeological and suspected to be of Native American origin, MDOT MTA, MD SHPO and FTA (as appropriate) will provide notification within 24 hours or as soon as practicable. FTA will consult with affected federally recognized Indian tribes and MDOT MTA will consult with other consulting parties, as appropriate, regarding treatment of the remains. In consultation with FTA, MD SHPO, federally recognized Indian tribes and other consulting parties as appropriate, MDOT MTA will develop a plan for the treatment or disposition of the remains. MDOT MTA will implement the provisions of the agreed Treatment Plan. Should the remains be associated with or should the remains constitute an intact archaeological resource, provision D below is also applicable.
Unanticipated Discovery of Human Remains
