Policy Guidance on the Unanticipated Discovery of Human Remains

Find policy guidance on the Unanticipated Discovery of Human Remains

Introduction

The Massachusetts Board of Underwater Archaeological Resources (BUAR) is the state agency charged with the identification, preservation and protection of underwater archaeological resources. BUAR recognizes that despite intensive background research, remote sensing surveys, and field investigations, it is possible that human remains may still be discovered during the course of permitted and non-permitted activities on or below state lands under water, particularly during excavation. For a concise description of responsibilities under state law, visit the Massachusetts Historical Commission (MHC) website and read the information regarding the treatment of human remains when accidentally discovered. BUAR procedures that should be followed in the event that suspected human remains are inadvertently discovered during permitted and non-permitted activities are outlined below (in accordance with the applicable sections of Massachusetts General laws listed in this policy guidance).

Procedures

Generally, the possibility of encountering human remains is not anticipated when conducting field investigations of shipwrecks or other underwater archaeological resources. However, passengers and crew often die in shipwrecks and for each shipwreck identified there are possibly human remains associated. If suspected human remains are located within the waters of the Commonwealth of Massachusetts, the following procedures should be followed by BUAR permittees, project proponents, and/or others:

1. In the event that suspected human remains are encountered, any activity that might affect those remains shall be halted immediately.
2. The Project Director and, if applicable, the Project Archaeologist will be informed and notified of the exact location of the remains.*
3. The Project Archaeologist and the Project Director will be responsible for notifying immediately the State Police Detectives at the local District Attorney’s Office, the Chief Medical Examiner, the State Archaeologist, the BUAR, and the Environmental Police (contact information provided below).
4. If the Chief Medical Examiner determines that the human remains are less than 100 years old, a criminal investigation may be warranted. If the remains are determined to be older than 100 years, the Chief Medical Examiner will notify the State Archaeologist at the MHC.
5. The State Archaeologist, assisted by BUAR staff, will conduct an examination to determine the age, cultural affiliation, and identity of the remains. If it is determined that the remains are those of an Indigenous person, the State Archaeologist will notify the Massachusetts Commission on Indian Affairs (MCIA). The State Archaeologist and BUAR Director will consult to determine whether any prudent and feasible alternatives exist to avoid, minimize, or mitigate impacts to the site. The results of this consultation will be made available in writing.
   
   If it is not possible to protect the remains in situ, they may be excavated and/or removed only under a memorandum of agreement with all interested parties including the MHC, State Archaeologist, State Historic Preservation Officer (SHPO), BUAR Director, BUAR permittee and/or project proponent, and, if applicable, the MCIA. This memorandum will outline an adequate data recovery plan that specifies a qualified research team and an appropriate research design (including a proposal for disposition of the remains). Any excavation of said human remains must be conducted under a Special Permit (950 CMR 70.20) issued by the State Archaeologist. In the event the human remains are associated with other cultural resources, such as a shipwreck, the appropriate permit must also be secured from BUAR (if not already a permittee of BUAR).

NOTE: *Under state law, the finder is responsible to ensure that the proper authority is notified when suspected human remains are encountered.

Applicable Massachusetts General Laws (M.G.L.):

• M.G.L. Chapter 38, §6, as amended – Discovery of Unmarked Human Skeletal Remains
• M.G.L. Chapter 9, §26A – State Archaeologist’s duties
• M.G.L. Chapter 9, §27C – Cessation of Activities
• M.G.L. Chapter 7, §38A – Preservation, Excavation and Analysis of Native American Human Remains
• M.G.L. Chapter 114, §17 – Preservation of Ancient Burial Places
• M.G.L. Chapter 272, §71 – Crimes and Punishment: Disinterring Bodies
• M.G.L. Chapter 272, §73, as amended – Crimes and Punishment: Injuring or Removal of Burial Markers
• M.G.L. Chapter 91, §63 – Salvage, Recovery, etc. of Underwater Archaeological Resources; Permits

List of Contacts

State

District Attorney’s Office State Police Detectives Unit Contact:
State Police Communications Section
(who will contact detectives at local district attorney’s office)
[phone]

Massachusetts Environmental Police
200 Arlington Street, First Floor
Chelsea, Massachusetts 02150
Contact: Main Number Dispatch (who will contact local EPO)
[phone]

State Office of the Chief Medical Examiner
720 Albany Street
Boston, Massachusetts 02118
Contact: Dr. James Pokines, Forensic Anthropologist
[phone]; Fax [phone]
[e-mail]

State Archaeologist/Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, Massachusetts 02125
Contact: Brona Simon, State Archaeologist/Executive Director
[phone]; FAX: [phone]
[e-mail]; [e-mail]

Massachusetts Board of Underwater Archaeological Resources
100 Cambridge Street, Suite 900
Boston, Massachusetts 02114
Contact: David S. Robinson, Director & Chief Archaeologist
[phone]
[e-mail]

Commission on Indian Affairs
100 Cambridge Street, Suite 300
Boston, MA 02114
Contact: John (Jim) Peters, Executive Director
[phone]; FAX: [phone]
[e-mail]