70-33. Consultation with other individuals.
(a) If the professional archaeologist determines that the human skeletal remains are other than Native American, the State Archaeologist shall publish notice that excavation of the remains has occurred, at least once per week for four successive weeks in a newspaper of general circulation in the county where the burials or skeletal remains were situated, in an effort to determine the identity or next of kin or both of the deceased.
(b) If the next of kin are located, within 90 days the State Archaeologist in consultation with the next of kin shall prepare a written agreement concerning the treatment and ultimate disposition of the skeletal remains. The written agreement shall include:
(1) Designation of a qualified skeletal analyst to work on the skeletal remains;
(2) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(3) The timetable for written progress reports and the final report concerning the skeletal analysis to be provided to the State Archaeologist and the next of kin by the skeletal analyst; and
(4) A plan for the ultimate disposition of the skeletal remains subsequent to the completion of adequate skeletal analysis.
If no agreement is reached, the remains shall be handled according to the wishes of the next of kin.
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