ACCOUNTING FOR HUMAN REMAINS AND BURIALS Your NRCS responsibilities and how to fulfill them Edited for use in Minnesota with permission from Iowa NRC

Purpose There are federal and state laws which protect burials. Ignoring these statutes can lead to prosecution. Disturbance of burials can lead to community unrest including violent incidents. Ground disturbing undertakings by our agency have the potential to disturb burials.

Minnesota Law Prohibits the Disinterment of Human Remains without Lawful Authority It is a felony or gross misdemeanor to willfully disturb a burial ground. This includes all aspects of the burial ground including but not limited to: Human Remains; Grave Goods; Markers and Monuments; and Fencing, Ornamentation, etc.

Examples of Where Human Remains are Encountered Marked cemeteries Burial Mounds Unmarked graves Crime and accident scenes Burial Mounds & Historic Cemeteries Can be at the Same Location

Marked Cemeteries These cemeteries are marked by either a fence, tombstones, or both. Some cemeteries have been moved. These should be avoided on practical grounds, because it is usually the case that burials are missed. Some marked cemeteries have earlier unmarked internments located outside the current boundary.

Burial Mounds Burial mounds are an ancient form of marked cemetery. Not all ancient mounds are known to be associated with human burials. Some mounds may have served other functions than burials. All ancient mounds are assumed by Minnesota NRCS to be burials.

Unmarked Graves Burials have occurred that are not marked, or had perishable markers that deteriorated over time or were removed or destroyed. Some 19th Century farms had small family plots. These may now be unmarked. When working near old farmstead locations, be alert to this possibility. Ask earlier owners or check old maps or aerial photographs. Many early settler and Native American graves are distributed across the landscape with few if any surface indicators.

Crime and Accident Scenes Murder, suicide, and accident victims are sometimes discovered in fields and forests. These can often be distinguished from ancient remains. Soft tissue and articles of clothing may be present. Notify the police and try to avoid disturbing the scene.

If You Encounter Human Remains… Do This: Avoid the area, if it is a marked cemetery, an unmarked cemetery, or burial mound. Cease NRCS assistance if the area cannot be avoided, or the remains are discovered during construction. Contact the State Office. The State Conservationist will determine further agency actions. Contact the police directly if it is a crime or accident scene. Communicate on a need to know basis only. Mounds may be looted or crime scenes disturbed if the location is divulged to the community.

Differentiating Human and Animal Bones The bones of livestock and wildlife litter much of the landscape. Many of the larger bones of the body can be excluded from consideration by size. Look at the analogous portion of your body for comparison. Remember your bones are covered by skin, muscle and fat so it is easy to overestimate the size of your bones. Some bones are from immature individuals and will be smaller than an adult’s. They can be recognized because the ends of the bones are usually not fused. A skull with horns or antlers, a skeleton with more than two feet, or any foot bone with a metal horseshoe attached is unlikely to belong to a human (hopefully). Contact the State Office if you have questions.

Information on Burial Mounds Burial mounds are to be avoided. They may be easily confused with bulldozer spoil piles. If you have any questions, contact the State Office. Burial mounds are displayed in several parks. Visit these locations when you have the chance.

Burial Mounds Come in a Variety of Shapes Conical Mound (the most common) Linear Mounds Effigy Mounds

How Mounds were Constructed The upper layer of the soil was removed Human remains were placed in the shallow depression Earth from a nearby borrow area was heaped over the remains

Manicured Mounds Mounds on display in public parks usually have the trees cleared and the grass mowed. This is unlikely to be the situation you will encounter on the job. If you find one mound, look for more, as they are often found in clusters.

Cultivation Destroys Mounds Mounds tend to survive in areas that aren’t cultivated. Consequently, mounds are often found in areas such as wood lots, pastures, steep terrain, cemeteries, etc. Vegetation often will obscure mounds. They are most easily observed in seasons of the year when leaves are off.

Spoil Piles Made by Heavy Equipment Burial mounds can be confused with spoil piles. The end of World War II resulted in surplus bulldozers and many people trained in using heavy equipment. This led to extensive use of heavy equipment in rural areas to clear vegetation and construct field roads. The result was numerous piles of dirt, that with the passage of time began to be confused with burial mounds.

Modern Spoil Pile Characteristics A lack of developed soil Opportunistic vegetation (no large trees) A lumpy silhouette Orientation along modern boundaries (such as fence lines, field borders, section lines, construction areas, etc.) Modern material incorporated in the fill (such as barbed wire).

Burial Mounds are Characterized by Well developed soils Old growth vegetation (including large trees) An even silhouette

Damaged Mounds Mounds that have been heavily damaged (frequently by looting) may be hard to differentiate from spoil piles. Err on the side of caution. Look for other undamaged mounds in the vicinity, and check for more mature vegetation on the undamaged portions of the mound.

Do Not Disturb During investigation do not excavate or disturb a suspected burial mound on your own initiative. The Office of the State Archaeologist (a state agency) has jurisdiction on such matters. Avoid the burial mound, abandon the undertaking, or consult with the State Office for guidance.