Section 2.05. Disposition of remains.

 

(1)   Decisions on disposition. The director shall not decide the final disposition of any excavated human remains and objects related to the burial until the remains, related objects, and other artifacts recovered in the course of the excavation have received appropriate analysis and a satisfactory report on these remains and artifacts has been received by the director.

(2)   Interim disposition. Unless otherwise agreed upon by the director and contracting archeologist, after the completion of the analysis, the human remains, objects related to the burial, and other artifacts recovered in the course of the excavation shall be cared for by arrangement of the state historical society until disposition has been decided.

(3)   Notification. All persons on the registry for the particular burial site in question or class of burial sites, shall be notified by certified letter, return receipt requested, that they may apply to arrange for the final disposition of the remains and objects related to the burial.

(4)   Application procedure. Persons in the registry who have an interest in the disposition of the human remains and objects related to the burial, may apply in writing to the director for possession. This written application shall include all of the following:

(a) The applicant's name and address

(b) The category of interest as defined by s. 157.70 (1) (g) , Stats.

(c) The specific plans for final disposition, including location of the human remains and objects related to the burial.

(5)   Director's review. The director shall review the application. If the application is inaccurate, incomplete, or inadequate the request for disposition shall be returned to the applicant within 30 days of receipt of the application with an explanation of the deficiencies.

(6)   Disposition decision. If the application is complete and accurate to the best of the director's knowledge, the director shall, based on the order of priority of interests established in s. 157.70 (6) (a) , Stats., decide to whom the remains will be transferred to for disposition. Upon making the decision, the director shall notify the applicants, all persons on the registry for the burial site or class of burial sites, and other persons deemed appropriate to notify, to whom the remains will be transferred for disposition.

(7)   Board review. Any person on the registry for a particular burial site may request a board review of the director's decision regarding disposition of the remains from that particular burial site.

(8)   Cost of disposition. The person or agency whose actions result in the disturbance of a cataloged burial site shall pay the costs of reburial, cremation or curation of the human remains and any objects related to the burial.

(9)   Reinterment. If the human remains and objects related to the burial are reinterred, the director shall require the information necessary to catalog this site.

(10)   Curation.

(a) If the human remains and objects related to the burial are to be curated, they shall be in an institution with adequate long-term curatorial capabilities. Regular access for scholars and persons on the registry for the burial site or class of burial sites shall be guaranteed.

(b) Originals or copies of all field notes, maps, and photographs from a burial site investigation shall be curated at the state historical society.

(11)   Compliance.

(a) Any person awarded disposition of the remains for reinterment shall submit a witnessed and notarized statement to the director within 60 days of acquiring the remains, or within 60 days of when ground conditions permit reinterment or cremation, stating that the agreed upon reinterment or cremation has been completed.

(b) Any person awarded disposition of the remains for curation shall submit a witnessed and notarized statement to the director within 60 days of acquiring the remains, that states that the agreed upon curation has been established.

(12)   Failure to comply. If the director determines that the remains have not been reinterred, cremated or curated as agreed, the director shall order all remains returned to the director. The director shall notify the persons on the registry as stipulated in sub. (3) .

History: Cr. Register, September, 1990, No. 417 , eff. 10-1-90.