Section 227-C:8-b Jurisdiction Over Remains.
I. Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the medical examiner of the county in which the remains were encountered shall determine as soon as possible whether the remains are subject to the provisions of this chapter.
II. If the county medical examiner determines that the remains are subject to the provisions of this chapter, he shall immediately proceed with his investigation. The county medical examiner shall notify the state archaeologist of the discovery of the human skeletal remains and of his findings. The state archaeologist shall immediately take charge of the remains and associated grave items.
III. Subsequent to taking charge of the human remains, the state archaeologist shall have 48 hours to make arrangements with the landowner for the protection or removal of the unmarked human burial or human remains; provided, however, that in the case of prolonged bad weather or upon the discovery of multiple interments, either of which prohibits the state archaeologist from making arrangements with the landowner for protection or removal within 48 hours, the state archaeologist shall have the authority to arrange with the landowner a longer period of time for such protection or removal which is mutually agreeable to both parties. The state archaeologist shall have no authority over the remains at the end of the 48-hour period and may not prohibit the resumption of the construction or agricultural activities without the permission of the landowner, unless other arrangements have been made with the landowner as provided in this paragraph.
Source. 1986, 80:10, eff. Jan. 1, 1987.