Memorandum of Understanding
Memorandum of Understanding
between the
Arkansas Archeological Survey
and the
Caddo Nation of Oklahoma,
the Osage Nation,
and Quapaw Tribe of Oklahoma
for
Procedures Following the Unearthing of Human Remains During Archeological Investigations in
the Central Arkansas River Valley
The Arkansas Archeological Survey, in collaboration with the Caddo Nation of Oklahoma, the Osage Nation, and the Quapaw Tribe of Oklahoma, recently received National Endowment for the Humanities funding for a three-year project titled American Indian Art, Ritual, and Social Interaction in the Central Arkansas River Valley. One element of this project involves investigation of archeological sites associated with the late pre-Columbian Carden Bottoms phase. This Memorandum of Understanding addresses procedures that will be followed in the event that human remains are uncovered during the course of these investigations. These procedures are consistent with Appendix B of the Arkansas State Plan: Guidelines for Archeological Fieldwork and Report Writing in Arkansas (hereafter,Guidelines).
Archaeogeophysical prospecting, utilizing a series of remote sensing technologies to identify buried cultural features, will be conducted at all sites before excavations begin. The technologies we will employ include magnetometry, resistivity, conductivity, magnetic susceptibility, and ground penetrating radar. These technologies often permit identification of areas containing human graves. No excavations will be conducted in any areas where the presence of buried human remains is suspected.
Anomalies detected by archaeogeophysical prospecting nonetheless may represent either natural or cultural disturbances; therefore, feature identification via limited test excavation is a necessary second step. In this project, selected anomalies suspected of representing cultural features other than burials will be tested via excavation of small units generally measuring 50 cm on a side. These excavations will terminate as soon as sufficient evidence is recovered to permit identification of the anomaly. Larger scale excavations of selected domestic features (such as houses and refuse pits) will then be undertaken based on the results of the initial testing.
In the event that suspected human remains are discovered in any of these excavations, the following steps will be taken, consistent with the Guidelines and with Arkansas Act 753 of 1991 (Grave Protection Act) and Act 1533 of 1999 (Grave Protection Act Amendment).
- A field determination of whether the bones are possibly human will be made. This may require additional exposure of bones sufficient to observe identifying landmarks.
- If the bones are determined likely to be human, excavation in the immediate vicinity will be halted and the remains will be documented via the following procedures:
- Designation of the find as an archeological feature, logging and numbering the feature on the site feature list, completion of an archeological feature form, and mapping to an appropriate scale.
- Measurement and recoding of the feature location (via a sufficient number of x, y, and z coordinates) relative the site grid system.
- Photographing the feature in situ and logging the photos in the site photo records.
- Reasonable measures to protect exposed human remains will immediately be put into place.
- Notify by telephone the county sheriff, the Arkansas Historic Preservation Program representative, the land owner, and designated contact persons for all likely descendant groups within twenty-four (24) hours. If necessitated by uncertainty in the identification of the bones as human, digital images may be sent to forensic experts for verification.
- Upon official determination by the county sheriff that the remains are of such age to rule out association with a crime or other recent event, the Arkansas Archeological Survey will change the designation from an archeological feature to human remains and within twenty-four (24) hours will initiate consultations with the Arkansas Historic Preservation Program and descendant groups regarding subsequent measures, which may include:
- visits to the site by AHPP and descendant group representatives;
- exploration of alternatives to avoid further disturbance of the remains;
- development of a consensus mitigation plan to include procedures for disinterment and re-interment;
- implementation of a consensus mitigation plan;
- resumption of excavations in the feature area following completion of the mitigation plan and receipt of approval from the AHPP and descendant groups.
- Work collectively with interested parties on the consensus course of action until the disposition of the remains is fully resolved.
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