(1)Except as provided in section
24-80-1303 with regard to anthropological investigations, any person who
discovers on any land suspected human skeletal remains or who knowingly disturbs
such remains shall immediately notify the coroner or medical examiner of the
county wherein the remains are located and the sheriff, police chief, or land
managing agency official.
(2)The coroner or medical examiner shall conduct an on-site inquiry within
forty-eight hours after such notification to attempt to determine whether such
skeletal remains are human remains and to determine their forensic value. If it is
confirmed that the remains are human remains and of forensic value, the coroner or
medical examiner shall take legal custody of the human remains pursuant to
section 30-10-606 (1.2),
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(1) Except as provided in section
24-80-1303 with regard to anthropological investigations, any person who
discovers on any land suspected human skeletal remains or who knowingly disturbs
such remains shall immediately notify the coroner or medical examiner of the
county wherein the remains are located and the sheriff, police chief, or land
managing agency official.
(2) The coroner or medical examiner shall conduct an on-site inquiry within
forty-eight hours after such notification to attempt to determine whether such
skeletal remains are human remains and to determine their forensic value. If it is
confirmed that the remains are human remains and of forensic value, the coroner or
medical examiner shall take legal custody of the human remains pursuant to
section 30-10-606 (1.2), C.R.S. If it is confirmed that the remains are human remains
but of no forensic value, the coroner or medical examiner shall notify the state
archaeologist of the discovery. The state archaeologist shall recommend security
measures for the site.
(3) Prior to further disturbance, the state archaeologist shall cause the
human remains to be examined by a qualified archaeologist to determine whether
the remains are more than one hundred years old and to evaluate the integrity of
their archaeological context. Complete documentation of the archaeological
context of the human remains shall be accomplished in a timely manner.
(4) (a) If the on-site inquiry discloses that the human remains are Native
American, the state archaeologist shall notify the commission.
(b) The remains shall be disinterred unless the landowner, the state
archaeologist, and the chairman of the commission or his designee unanimously
agree to leave the remains in situ.
(c) Disinterment shall be conducted carefully, respectfully, and in
accordance with proper archaeological methods and by an archaeologist who holds
a permit issued under sections 24-80-405 and 24-80-406. In the event the remains
are left in situ, they shall be covered over.
(d) Without the landowner's express consent for an extension of time,
disinterment shall be accomplished no later than ten consecutive days after the
state archaeologist has received notification from the coroner or medical examiner
pursuant to subsection (2) of this section.
(e) The archaeologist who conducts the disinterment will assume temporary
custody of the human remains, for a period not to exceed one year from the date of
disinterment, for the purpose of study and analysis. In the event that a period in
excess of one year is required to complete such study and analysis, the commission
shall hold a hearing and may, based upon its findings, grant an extension. During
the period that the human remains are in the temporary custody of the
archaeologist who conducted the disinterment, an archaeological analysis and
report shall be prepared. At the same time, a physical anthropological study shall
be conducted to include, but not be limited to, osteometric measurement,
pathological analysis, and age, sex, and cause of death determinations. The cost of
the disinterment, archaeological analysis, and physical anthropological study shall
be borne by the state archaeologist except when the human remains are recovered
from private lands. In the latter case, if no party can be identified who will bear the
cost of such scientific study, the state archaeologist shall bear such costs.
(f) Upon completion of the studies pursuant to paragraph (e) of this
subsection (4), the state archaeologist shall consult with the commission regarding
reinterment.
(5) Those remains which are verifiably nonnative American and are otherwise
unclaimed will be delivered to the county coroner or medical examiner for further
conveyance to the Colorado state anatomical board.