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/~ <br />OF ARCHAEOLOGY 8. HISTORIC PRESERVATION <br />,ado Historical Society <br />/ART 13 UNMARKED HUMAN GRAVES <br />24-80-1301. Definitions. <br />As used in this part 13, unless the context otherwise requires <br />(1) "Commission" means the commission of Indian affairs. <br />(2) "Disturb" means to move, open, expose, dig up, disinter, excavate, remove, carry away, damage, <br />injure, deface, desecrate, loot, vandalize, mutilate, or destroy. <br />(3) "Human remains" means any part of the body of a deceased human being in any stage of <br />decomposition. <br />(4) "Land" means all lands, including submerged lands, located within the state of Colorado which are <br />owned by the state or its political subdivisions, agencies, or instrumentality's or by any private person. <br />(5) "Person" means an individual, limited liability company, corporation, unincorporated association, <br />partnership, proprietorship, or governmental entity. <br />(6) "Unmarked human burial" means any interment of human remains for which there exists no grave <br />marker or any other historical documentation providing information as to the identity of the deceased. <br />24-80-1302. Discovery of human remains. <br />(1) Except as provided in section 24-80-1303 with regard to anthropological investigations, any person <br />who discovers on any land suspected human skeletal remains or who knowingly disturbs such remains <br />shall immediately notify the coroner of the county wherein the remains are located and the sheriff, police <br />chief, or land managing agency official. <br />(2) The coroner shall conduct an on-site inquiry within forty-eight hours of such notification to attempt to <br />determine whether such skeletal remains are human remains and to determine their forensic value. If the <br />coroner is unable to make such determinations, the police chief, the sheriff, the coroner, or the land <br />managing agency official shall request the forensic anthropologist of the Colorado bureau of investigation <br />to assist in making such determinations. If it is confirmed that the remains are hriman.remains but of no <br />forensic value, the coroner shall notify the state archaeologist of the discovery. The state archaeologist <br />shall recommend security measures for the site. <br />(3) Prior to further disturbance, the state archaeologist shall cause the human remains to be examined <br />by a qualified archaeologist to determine whether the remains are more than one hundred years old and <br />to evaluate the integrity of their archaeological context. Complete documentation of the archaeological <br />context of the human remains shall be accomplished in a timely manner. <br />(4) (a) If the on-site inquiry discloses that the human remains are native American, the state <br />archaeologist shall notify the commission. <br />(b) The remains shall be disinterred unless the landowner, the state archaeologist, and the chairman of <br />the commission or his designee unanimously agree to leave the remains in situ. (c) Disinterment shall be <br />conducted carefully, respectfully, and in accordance with proper archaeological methods and by an <br />archaeologist who holds a permit issued under sections 24-80-405 and 24-80-406. In the event the <br />remains are left in situ, they shall be covered over. <br />