HCS HB 1056 -- UNMARKED BURIAL REMAINS

SPONSOR:  Marsh (Bishop)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Tourism
and Cultural Affairs by a vote of 11 to 4 with 2 present.

This substitute places all human remains, objects of cultural
patrimony, and associated cultural items found in unmarked burial
sites under the jurisdiction of the state historic preservation
officer, so that the Department of Natural Resources can attempt
to repatriate them.  Remains and objects subject to a criminal
investigation are excluded from this law.  The law does not apply
to items in the possession of museums prior to August 28, 1987.
Rule-making authority regarding unmarked human burial is given to
the state historic preservation officer.  The state historic
preservation officer is authorized to work with Native Americans
and other ethnic groups when appropriate and must comply with all
federal laws regarding unmarked human remains.

The substitute also allows the state historic preservation
officer to delay a construction project, agricultural land
disturbance, or ground disturbance activities for an additional
30 days if necessary to remove items from an unmarked burial
site.  If the state historic preservation officer must remove
items because they cannot be respectfully re-buried on that site,
the private or public property owner is financially responsible
for the removal of the items.  The Unmarked Human Burial
Consultation Committee is required to meet at least twice each
year.  Currently, the committee is only required to meet yearly.

The substitute also defines "burial site," "cemetery," "sacred
objects," "cultural patrimony," and "associated cultural items"
as they relate to unmarked human burial.

The substitute creates a penalty for violations and authorizes
the Attorney General or the local prosecuting attorney to bring
any action authorized by the law.  The action may be brought in
any county where the cause of action accrued or in Cole County.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill places all human
remains, objects of cultural patrimony, and associated cultural
items found in unmarked burial sites under the jurisdiction of
the state historic preservation officer.  This will allow the
Department of Natural Resources to attempt to repatriate them.

Testifying for the bill were Representative Bishop; Missouri
Association of Professional Archaeologist; Missouri Archaeology
Society; Missouri Advisory Council for Historic Preservation;
Clay County Historical Millennium Board; National Center for
Indigenous Culture at Line Creek; Office of the Attorney General;
Department of Natural Resources; and Sac and Fox Nation of
Oklahoma.

OPPONENTS:  Those who oppose the bill say that the bill is
burdensome to farmers and gives the Department of Natural
Resources unnecessary regulatory authority.

Testifying against the bill were Associated General Contractors
of Missouri; and Missouri Farm Bureau.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am