SCIAA Policy on Human Burial Remains

The South Carolina Institute of Archaeology and Anthropology's (SCIAA) policy on human burial remains is in agreement with federal regulations, and the statutes of South Carolina.

The SCIAA maintains that the scientific and traditional interests in burial materials are legitimate; that human burial remains regardless of age, ethnic, racial or religious origin will be treated with dignity and respect; and, that the looting of graves is illegal. Furthermore, the genetic and cultural descendents of the deceased have the right of cultural benefit, and that the family or closest descendents have primary say in the disposition of remains from known individuals regardless of scientific value.

a.) Chance Finds: All chance discoveries of burial materials during field work will be immediately reported to the Deputy State Archaeologist. The Deputy State Archaeologist will confer with the project's principal investigator and field supervisor, and direct them in the appropriate course of action. Priority will be given to preservation of the materials in place. No burial materials will be removed unless it is necessary for their survival. If it is necessary to remove burial materials, then the guidelines for Reburial will be followed. Excavation for the purposes of field documentation of the burial materials may be allowed. All information recovered by excavation will conform to the published guidelines of the Paleopathology Association, September 1991. During excavation and recording, the burial materials will be treated with dignity and respect, and will not be placed on display or within public view.

Exposure of burial materials brings about the possibility of looting. It is the responsibility of the principal investigator and the field supervisor to ensure the continued safety of the burial and site during field work or excavation. The Deputy State Archaeologist will assist the project staff in coordinating protection with the appropriate state and local agencies.

b.) Intentional Finds: Scientific interests in burial materials are legitimate and provide beneficial information for a number of disciplines. All intentional excavations of burials for research purposes must be explicitly justified in writing. Justification will include a detailed explanation of: 1) goals and reasons for the excavation; 2) a schedule for the beginning and ending of both the field work and analysis stages; 3) proof of sufficient funding to accomplish the project in a timely fashion; and, 4) disposition of the burial materials at the end of the project. This justification will be submitted to the Deputy State Archaeologist for review prior to field work. In all but the most exceptional cases, Reburial of the burial remains is expected.

All information recovered by excavation and laboratory analysis will conform to the published guidelines of the Paleopathology Association, September 1991. During excavation, recording, and laboratory analysis, the burial materials will be treated with dignity and respect, and will not be placed on display or within public view.

Exposure of burial materials brings about the possibility of looting. It is the responsibility of the principal investigator and the field supervisor to ensure the safety of the burial and site during field work and excavation, and any materials undergoing laboratory analysis. The Deputy State Archaeologist will assist the project staff in coordinating protection with the appropriate state and local agencies while in the field and will monitor laboratory activities as needed.

c.) Curation of Burial Materials: Priority is given to preserving burial materials in their place of original interment. All SCIAA Office of the State Archaeologist standards regarding artifact preparation, documentation, conservation and storage will be met by the principal investigator prior to any consideration for curating these materials. Extraordinary circumstances and written justification are required before burial materials will be curated by SCIAA. The decision to curate the burial materials will rest upon a review of the written justification and the unanimous agreement of the Deputy State Archaeologist, the Deputy State Archaeologist for Forensics, the SCIAA Curator, the SCIAA Conservator, and the project principal investigator.

All burial materials curated by SCIAA will be treated with dignity and respect. Curated burial materials may not be displayed or placed on public view, except as required by researchers or the genetic/cultural descendants for the purposes of identification. Nonetheless, access to SCIAA curated burial materials is to be severely limited to legitimate scientific and legal examinations. A written request submitted to the SCIAA Curator explaining the research or need requiring access is a prerequisite.

d.) Reburial of Burial materials: Priority is given to returning burial materials to their place of original interment. If this replacement would jeopardize the preservation of the remains, then the procedure for reburial at a new location follows the guidelines outlined in Section 27-43-10 et seq. of the Code of Laws of South Carolina (1976), as amended. The main points of this law are briefly outlined below.

In conjunction with the appropriate County Coroner's office, an attempt must be made to notify the relatives of the deceased of the intent to rebury. Release of the burial materials to the relatives for reburial is desirable when possible. If no relative can be identified for the deceased, then 30 days notice must be given in a general circulation newspaper in the county where the burial materials were recovered. If no newspaper is available for this purpose, then the notice must be posted in three permanent places within the county. One of these places must be the county courthouse. Reburial requires the placement of the burial materials in a suitable cemetery plot or other appropriate location. Care must be exercised to leave the graves in as good condition as before their removal.

It should be kept in mind that the costs for excavation, documentation and reinterment are, by law, to be borne by the party or parties requesting the excavation or relocation.

In specific instances where the genetic descendants are not known, but the cultural descendants can be identified, it is the job of the Deputy State Archaeologist to solicit the input of the identified community as to the final disposition of the remains. As before, the release of the remains to the cultural descendants for reburial is encouraged where possible.

e.) Publication of Burial Materials: SCIAA adheres to a high standard in the content and timely publication of archaeological research. SCIAA archaeologists are expected to follow all SCIAA Office of the State Archaeologist standards regarding documentation prior to publication. The inclusion of photographs, drawings and other depictions of burial materials in scholarly works is an accepted and necessary part of archaeological research. Nonetheless, burial materials should not be used as cover art; and, papers presented in poster sessions should avoid the depiction of burial materials. An exception to this point occurs when the specific session topic requires the presentation of burial materials. Popular archaeological publications may mention and integrate burial material data where applicable. The graphic representation of burial materials should be avoided in popular publications.

f.) Report of a Human Burial by the Public: There has been an increase in the discovery of burial materials by private landowners and other members of the public. These individuals often turn to SCIAA for guidance. When a telephone caller or visitor reports the discovery of burial materials, whether on land or underwater, they are directed to the Deputy State Archaeologist. The Deputy State Archaeologist, in conjunction with the Deputy State Archaeologist for Forensics, will ascertain the location of the remains and probable land ownership, and will assist the individual in reporting the information to the appropriate agencies.

The steps taken by the Deputy State Archaeologist in handling a public discovery of burial materials include: 1) contacting the County Coroner's Office; 2) contacting the proper law enforcement organization; 3) informing the Deputy State Archaeologist for Forensics; and, 4) assisting and advising the public and agencies where appropriate.

Exposure of burial materials brings about the possibility of looting. The Deputy State Archaeologist will assist the private landowner in coordinating protection with the appropriate state and local agencies. Final responsibility for the protection of the site and remains rests with the landowner.

g.) Report of Human Remains Found Underwater: The Underwater Antiquities Act of 1991, Section 54-7-610 et seq. of the South Carolina Code of Laws (1991) regulates submerged archaeological properties. This law, specifically Section 54-7-820(C), mandates that in the event that human remains are found underwater certain procedures must be followed. They include: 1) that the remains are not to be disturbed unless the person died during the course of diving operations or other immediate cause, such as, drowning, boating accident or a homicide; 2) that the Deputy State Archaeologist, as the representative of the State Archaeologist, is immediately notified;and, 3) that all activity at the site is suspended until SCIAA allows the activity to resume.

If the Deputy State Archaeologist, the Deputy State Archaeologist for Forensics, and the Deputy State Archaeologist for Underwater Archaeology agree, excavation for the purposes of field documentation of the burial materials by SCIAA staff may be permissible. Any and all information recovered by excavation will conform to the published guidelines of the Paleopathology Association, September 1991. During excavation and recording, the burial materials will be treated with dignity and respect, and will not be placed on display or within public view. Priority will be given to preservation of the materials in place. If it is necessary to remove burial materials to ensure their survival, then they will be Reburied following SCIAA guidelines.

Exposure of burial materials brings about the possibility of looting. The Deputy State Archaeologist with the Deputy State Archaeologist for Underwater Archaeology will coordinate protection with the appropriate state and local agencies. Final responsibility for the protection of the site and remains rests with the enforcing agency.

II. Guidelines for Notification from Other State Agencies

a.) Chance Finds: The chance discovery of burial materials during non-archaeological field work or by non-SCIAA archaeologists under contract to other State agencies occasionally occurs. Upon official notification, the Deputy State Archaeologist will confer with the requesting agency staff, and advise them in the appropriate course of action. Priority will be given to preservation of the materials in place. If it is necessary to remove burial materials to ensure their survival, then it will be strongly suggested that they be Reburied following SCIAA guidelines in the absence of applicable guidelines in the requesting agency.

If mutually agreed upon, excavation for the purposes of field documentation of the burial materials by SCIAA staff may be permissible. Any and all information recovered by excavation will conform to the published guidelines of the Paleopathology Association, September 1991. During excavation and recording, the burial materials will be treated with dignity and respect, and will not be placed on display or within public view.

Exposure of burial materials brings about the possibility of looting. The Deputy State Archaeologist will assist the outside agency staff in coordinating protection with the appropriate state and local agencies. Final responsibility for the protection of the site and remains rests with the outside agency.

b.) Intentional Finds: Occasionally, burial materials in the form of cemeteries or isolated interments are known to be present on state lands and will be impacted. Upon official notification, the Deputy State Archaeologist will confer with the outside agency as to possible courses of action, and ensure that they are aware of the guidelines outlined in Section 27-43-10 et seq. of the Code of Laws of South Carolina (1976), as amended.

If mutually agreed upon, excavation for the purposes of field documentation of the burial materials by SCIAA staff may be permissible. Any and all information recovered by SCIAA staff will conform to the published guidelines of the Paleopathology Association, September 1991. During excavation and recording, the burial materials will be treated with dignity and respect, and will not be placed on display or within public view.

Exposure of burial materials brings about the possibility of looting. The Deputy State Archaeologist will assist the outside agency in coordinating protection with the appropriate state and local agencies. Final responsibility for the protection of the site and remains rests with the outside agency.

c.) Curation of Burial Materials from Other State Agencies: Regardless of origination, priority is given to preserving burial materials in their place of original interment. All SCIAA Office of the State Archaeologist standards regarding artifact preparation, documentation, conservation and storage will be met by the outside agency prior to any consideration for curating these materials. Extraordinary circumstances and written justification are required before human burial remains will be curated by SCIAA. The decision to curate the burial materials will rest upon a review of the written justification by the Deputy State Archaeologist, the Deputy State Archaeologist for Forensics, the SCIAA Curator, and the SCIAA Conservator. A written finding and recommendation from the review process will be given to the State Archaeologist, who will make the final determination.

All burial materials curated by SCIAA will be treated with dignity and respect. No burial materials accepted by SCIAA for curation may be displayed or placed on public view. An exception to this requirement are the legitimate access needs of researchers or the genetic/cultural descendants for the purposes of identification. Public access to SCIAA curated burial materials is severely limited. A written request submitted to the SCIAA Curator explaining the research or need requiring access is a prerequisite.

a.) Chance Finds: The chance discovery of burial materials during non-archaeological field work or by non-SCIAA archaeologists under contract to federal agencies occasionally occurs within South Carolina. Upon official notification by the federal agency, the Deputy State Archaeologist will confer with and advise the requesting agency.

If mutually agreed upon, excavation for the purposes of field documentation of the burial materials by SCIAA staff may be permissible. All applicable federal and SCIAA guidelines will be followed, and information recovered by excavation will conform to the published guidelines of the Paleopathology Association, September 1991.

Exposure of burial materials brings about the possibility of looting. Final responsibility for the protection of the site and remains rests with the federal agency.

b.) Intentional Finds: Occasionally, burial materials in the form of cemeteries or isolated interments are known to be present on federal lands located in South Carolina and will be impacted. Upon official notification by the federal agency, the Deputy State Archaeologist will confer with the requesting agency as to possible courses of action.

If mutually agreed upon, excavation for the purposes of field documentation of the burial materials by SCIAA staff may be permissible. All applicable federal and SCIAA guidelines will be followed and information recovered by excavation will conform to the published guidelines of the Paleopathology Association, September 1991.

Exposure of burial materials brings about the possibility of looting. Final responsibility for the protection of the site and remains rests with the federal agency.

c.) Curation of Burial Materials from Federal Agencies: Regardless of origination, priority is given to preserving burial materials in their place of original interment. In the absence of more stringent federal standards, all SCIAA Office of the State Archaeologist standards regarding artifact preparation, documentation, conservation and storage will be met by the federal agency prior to any consideration for curating these materials. Extraordinary circumstances and written justification are required before burial materials will be curated by SCIAA. The decision to curate the burial materials will rest upon a review of the written justification by the Deputy State Archaeologist, the Deputy State Archaeologist for Forensics, the SCIAA Curator, and the SCIAA Conservator. A written finding and recommendation from the review will be given to the State Archaeologist, who will make the final determination.

All burial materials curated by SCIAA will be treated with dignity and respect. No burial materials accepted by SCIAA for curation may be displayed or placed on public view. An exception to this requirement are the legitimate access needs of researchers or genetic/cultural descendants for the purposes of identification. Public access to SCIAA curated burial materials is severely limited. A written request submitted to the SCIAA Curator explaining the research or need requiring access is a prerequisite.

a.) Access to Burial Remains: The SCIAA maintains that the genetic and cultural descendents of the deceased have a legitimate interest in the disposition of their ancestors.

All burial materials curated by SCIAA are treated with dignity and respect, and no curated remains can be displayed or placed on public view. Access to curated burial remains is limited, although the legitimate needs of genetic or cultural descendants is explicitly upheld by SCIAA. A written request, delivered to the SCIAA Curator, explaining the need for access is a prerequisite. The SCIAA Curator will review the request and provide a written answer within thirty days of receipt.

b.) Requests for Reburial: The SCIAA is willing to discuss the release of burial remains from curation to genetic or cultural descendants for reburial. It is a policy of SCIAA that when the deceased is known, the family or closest genetic descendents have primary say in their disposition regardless of scientific worth.