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.) and 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. 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 excavation, operation of heavy machinery, or stockpiling. The Project Sponsor will secure the buffer zone through the installation of protective fencing. The Project Sponsor, in coordination with FRA, may seek written SHPO concurrence during notification that a smaller buffer is allowable based on facts in the field specific to the unanticipated discovery. The Project Sponsor will not resume ground disturbing and/or construction activities within the buffer zone until the specified Section 106 process required by this MOA is complete. Work in all other Undertaking areas may continue.
Unanticipated Discovery of Human Remains
