HB 1056 -- Unmarked Human Burial Sites

Sponsor:  Bishop

This 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, 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.
Rulemaking 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 bill also allows the state historic preservation officer to
delay a construction project for an additional 30 days if
necessary to remove items from an unmarked burial site.  If the
historic preservation officer must remove items in order for a
construction project to continue, the private or public property
owner is financially responsible for the removal of the items.
Reinterment of remains may be delayed for more than a year if
approved by the unmarked human burial consultation committee.
This committee is required to meet at least twice each year.
Currently, the committee is only required to meet yearly.

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

The bill 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.

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