Unanticipated Discovery of Human Remains Sample Clauses

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 ▇▇▇▇▇▇▇▇▇▇ 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.
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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.
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Unanticipated Discovery of Human Remains. 1. If human remains are encountered during ground disturbing or construction activities, the Project Sponsor will immediately stabilize and halt subsurface disturbance in that portion of the Project area and immediately secure and protect the human remains and any associated funerary objects in place in such a way that minimizes further exposure or damage to the remains from the elements, looting, and/or vandalism. The Project Sponsor will ensure a perimeter with a 50-foot radius buffer zone around the human remains is established where there will be no 2. The Project Sponsor will immediately notify the local police department to determine if the discovery is subject to a criminal investigation by law enforcement and notify the Signatories within twenty-four (24) hours of the initial discovery. 3. If a criminal investigation is not appropriate, the Project Sponsor will ensure compliance with any applicable State and local laws pertaining to human remains, funerary objects, and cemeteries. 4. In the event the human remains encountered are of Indian/Native American origin, FRA, in coordination with the Project Sponsor, will consult with appropriate Federally recognized Indian tribes (if applicable) and SHPO to determine treatment measures for the avoidance, recovery or reburial of the remains. FRA and the Project Sponsor will follow the guidelines outlined in the ACHP’s Policy Statement Regarding Treatment of Burial Sites, Human Remains, and Funerary Objects (2007). 5. If the remains are not of Indian/Native American origin, the Project Sponsor, in coordination with FRA, will consult with the Signatories, and Consulting Parties (if applicable) pursuant to Stipulation VIII.A(4)-(6) to determine if the discovery is a historic property, take into account the effects on the historic property, and resolve adverse effects, as appropriate. 6. If it is necessary to develop treatment measures, the Project Sponsor, in coordination with FRA, will implement the approved treatment measures. The Project Sponsor will ensure ground disturbing and construction-related activities within the buffer zone do not proceed until consultation with the Signatories, consulting Tribes (if applicable), and Consulting Parties (if applicable), as appropriate, concludes with SHPO concurrence that: 1) the resource is not NRHP- eligible; 2) the agreed upon treatment measures have been implemented; or 3) it has been agreed that the treatment measures can be completed within a specified time p...
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Unanticipated Discovery of Human Remains a. If an unmarked human burial or unregistered grave is encountered during project related activities, NPS shall ensure that any and all human remains, sacred objects, and objects of cultural patrimony will be treated with dignity and respect. All ground disturbing activity shall cease, the discovery location shall be secured, and NPS shall make the proper notifications using the contact list in Appendix F.
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Unanticipated Discovery of Human Remains 
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Related to Unanticipated Discovery of Human Remains

  • POST-REVIEW DISCOVERIES If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b). A. In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately and the project manager shall take appropriate steps to immediately secure the site, and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities. B. If human remains are discovered, they shall be respectfully covered over and protected. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or coroner, pursuant to local and state law. C. The Agency Official shall consult with the SHPO/THPO and Tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments and SHPO Human Remains Discovery Protocol. If human remains are discovered, the treatment plan shall follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are the preferred options for treating human remains. D. The Agency Official shall notify relevant consulting parties of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/THPO and implemented. E. An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.

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