IV.

Excavation and Analysisof Human Remains

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Excavation and Analysis ofHuman Remains

Introduction ........................................................................80Burial Site Identification......................................................80Cataloging Burial Sites.........................................................82Excavation of Human Remains............................................84Documentation Forms .........................................................86

IntroductionWisconsin’s burial sites preservation law,Wis. Stats., s.157.70, was passed in 1987.Under that law, all discoveries of human boneon private or state land must be immediatelyreported to the Burial Sites Preservation Office(BSPO), and excavation or construction can-not proceed without the authorization of theDirector of the State Historical Society ofWisconsin. It is illegal to disturb burial siteswithout prior authorization. Further, accordingto state statute and Chapter HS 2 of the Wis-consin Administrative Code, only “qualifiedarcheologists” approved by the Director mayoversee the excavation of burials. To apply forcertification, an archeologist must demonstrateexperience in the excavation of burials bysubmitting a curriculum vitae and two lettersof reference for consideration to the Director,State Historical Society of Wisconsin, 816State Street, Madison, Wisconsin 53706.

All archeologists working in Wisconsin mustread and become familiar with the burial lawand the administrative rules (Chapter HS 2)written to implement this legislation. Copies ofthose documents can be obtained, at no charge,by calling the Burial Sites Preservation Office.

Burial Site IdentificationRecords and Literature SearchPrior to initiating field work (either for Phase Ior Phase II efforts), an archeologist mustcompile information on the cultural history ofthe region in general and the project area inparticular. That effort must include, at mini-mum, data on the geology, pedology, and bi-otic environment as well as the known and ex-pected distribution of all site types (historicand prehistoric). References to consult include

Phase I:• local county ACSC surveys• inventory and case files, county files,

and USGS 7.5' topographic mapsmaintained by the Burial Sites Preser-vation Office

• early county plat books located in theState Archives (SHSW) or in individ-ual county courthouses

Phase II:• County Register of Deeds offices for

deeds within the project area• Wisconsin Land Economic Inventory

Field Sheets, series 1956 (State Ar-chives)

• Wisconsin State Old Cemetery Society(WSOCS) regional and county coor-dinators (list of coordinators is avail-able, at no charge, from the BSPO)

• local genealogical societies

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Field SurveyThe goal of an archeological survey is to de-termine whether archeological sites, includingprehistoric and historic burial sites, are presentwithin a delimited area. Background researchand interviews with local residents and collec-tors are useful for obtaining corroborating in-formation on site location(s) and additionalinformation on site types and locations thatmay not be referenced or recorded in writtendocuments.

Surface survey. Burial sites are often, but notalways, marked by surface features. These in-dications may include actual human bone orbone fragments discovered on the surface ofbadly eroded and/or plowed sites; grave pitdepressions; obvious changes of vegetation,either natural or cultural (lilies or lilacs, forexample); spirit houses; wooden crosses; pre-historic mounds; and gravestones or fragmentsof stone markers. Please note that, accordingto Chapter HS 2.02 (8), all prehistoric Indianmounds are defined as “grave markers.”

Methods employed to locate different types ofburial sites in diverse environments vary fromlocation to location. Consequently, the surveyand sampling strategy must be reevaluated andredesigned for every survey. For example, ifbackground research suggests that an isolatedhistoric grave may lie within a given projectarea, the transect interval employed must rep-resent the minimum necessary to locate thatburial. In areas of dense vegetation, whereground visibility is limited, it is advisable, if atall practical, to undertake surface survey dur-ing the late fall or early spring.

If an archeologist identifies a feature that mayrepresent a prehistoric Indian mound forwhich no Archeological Site Inventory (ASI)record exists, that feature may be exploredusing a soil probe to assess whether or not that“earthwork” is actually a Native Americanmound. In such an instance, it is highly rec-ommended, but not mandatory, that the arche-ologist contact the Burial Sites PreservationCoordinator to discuss testing options prior toundertaking that activity.

Under state law, it is not necessary to physi-cally uncover human bone to designate a

mound (or any other location) a burial site. If asoil profile confirms a soil discontinuity that iscultural in origin and clearly not related to“recent” land disturbance or agricultural ac-tivity, the location of that mound feature mustbe documented on a Wisconsin ArcheologicalSite Inventory form and submitted to the Of-fice of the State Archaeologist (SHSW). Anarcheologist may also probe a suspected gravepit depression to evaluate whether a disturbedsoil profile confirms the presence of a humanburial.

Probing a feature to determine whether thatfeature represents a burial site is not consid-ered a “disturbance” and does not requirepermission from the Burial Sites PreservationOffice. Please note, however, that archeologistsworking on municipal or federal land mustsecure a permit from the Office of the StateArchaeologist or the appropriate federal landmanager.

Subsurface survey. Subsurface testing mustonly be undertaken

• after documentary research is com-pleted

• following surface survey (if advisable)• in the event that surface survey could

not be effected because of denseground cover

It must be designed to provide the maximumamount of information regarding the strati-graphic continuity and spatial extent of thesite.

Depending on the nature of local sediments,vegetation cover, size of the area to be tested,and cost considerations, remote sensing tech-niques may be the least intrusive and mostcost-effective method for examining a largearea. Ground-penetrating radar (GPR) and soilresistivity surveys have both proved useful inspecific archeological contexts (primarily his-toric) where radio interference from outsidepower sources is not a factor. Because resultsof these tests can vary tremendously depend-ing upon local conditions, subsequent test ex-cavations may be recommended to confirm(“ground-truth”) the results obtained.

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In some cases, mechanical stripping of largeareas of topsoil/plow zone to locate grave out-lines or burial pits can be a practical, low-costalternative to the use of remote sensing equip-ment, which can cost over $1,000 per day. Al-though destructive, mechanical stripping pro-vides the most comprehensive plan view ofsurface distributions of burial (and other) fea-tures. Such stripping is recommended whenearly maps indicate the presence of Indianmounds within the present-day project area butsurface indications of those cultural featuresno longer remain.

When the sediments in the area under investi-gation exhibit clear soil horizons (with colorand textural differences), burial pits can bedetected by locating areas of disturbed soilprofiles. Soil probing can be effective in lo-cating burials, particularly if a systematic sur-vey strategy is employed. Because close-interval testing is recommended when probingto locate burials, the recommended 10- to 15-meter interval between shovel tests is not con-sidered an adequate or effective means of lo-cating burials.

Cataloging Burial Sites1. DocumentationAccording to Administrative Rule Chapter HS2.03 (2), documentation of a burial site mayinclude, but is not limited to

• physical evidence, as demonstrated byarcheological or written historical re-ports showing the presence of humanbone or grave markers

• adequate historical documentation• oral depositions, affidavits, or oral

histories• any additional information requested

by the director

2. Metes and Bounds Description of a Bur-ial AreaUnder law, the location of a burial site can befiled with the Register of Deeds office in thecounty in which it is located, a process knownas “cataloging.” To cataloge a burial site, thefollowing information must be provided to the

Burial Sites Preservation Office: a legal (metesand bounds) description of the property(drafted by a licensed surveyor); the names,addresses, and telephone numbers of the prop-erty owners (and owners of land within thefive-foot buffer zone surrounding the site, ifappropriate); and photographs. In a compli-ance case, the agency applying to the SHPOfor project review must furnish the Burial SitesPreservation Office with a metes and boundsdescription if the property on which the burialsite is located lies within or near the proposedproject area.

Because of potential legal concerns, the BurialSites Preservation Office will no longer acceptmetes and bounds descriptions from any indi-viduals not trained and certified as land sur-veyors. Archeologists can, however, flag aburial site or a mound in advance of a certifiedsurvey; the marked area must incorporate atleast the five-foot buffer zone required by law.If landowners request a larger buffer zone sur-rounding a burial site on their property, thatrequest must be reasonable, not excessive(simply to take advantage of a larger tax ex-emption). Since a burial site that is catalogedrepresents, to some degree, a restricted area (interms of what can and cannot occur on oraround it), and “runs with the land,” the land-owner may want to consider those factorswhen deciding to exempt more than 10 to 25feet around a discrete burial site.

Historic burial sites. Many historic burialsalready have metes and bounds descriptionsrecorded on deeds filed with the County Reg-ister of Deeds. The Burial Sites PreservationOffice requires a copy of the deed describingthe cemetery, including its name and numberand the page number(s) of the volume fromwhich the description was copied. If there is adeed describing the boundaries of a burial site,this legal description, whenever possible, mustbe verified in the field against the actual (i.e.,present-day) dimensions of the burial site. Forexample, if the dimensions of a cemetery wererecorded as 100 x 100 feet in 1878, thatcemetery in 1995 must still measure 10,000square feet.

If there is no existing deed with a metes andbounds description, the archeologist must de-fine the burial area and “sufficient continuous

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land” necessary to protect the site; this may beaccomplished by surface survey and/or sub-surface testing. “Sufficient contiguous land”is defined in the statute as a minimum of fivefeet. After the archeologist has completed thiswork, a certified land surveyor may produce ametes and bounds description of the area de-fined by the archeologist.

Prehistoric burial sites. As with previouslyundefined historic burial sites, the archeologistmust first define the burial area and sufficientcontiguous land necessary, under the law, toprotect the site. A registered land surveyormust then produce a metes and bounds de-scription of the defined burial area.

Excavation of Human RemainsAuthorizationThe discovery of any human remains, or re-mains suspected to be human, must be re-ported immediately to the Burial Sites Preser-vation Office, either in person or by telephone.No excavation of human bone is permittedwithout the express permission of the Directorof the State Historical Society of Wisconsin.To excavate human remains from a burial siteon state or private land in Wisconsin, an ar-cheologist must be “qualified” as per 157.70and approved (in writing) by the Director. Toapply for certification, an archeologist mustdemonstrate experience in the excavation ofburials by submitting a curriculum vitae andtwo letters of reference for consideration to theDirector, State Historical Society of Wiscon-sin, 816 State Street, Madison, Wisconsin53706. A listing of “Archeologists Qualifiedto Excavate Burials” is updated as needed andkept on file in the Burial Sites PreservationOffice.

An archeologist does not need prior authoriza-tion to excavate human remains if the bone isnot recovered from a burial context. For ex-ample, no advance permission is required toexcavate isolated pieces of human bone from atrash midden. If the context of discovery is atall questionable, it must be treated (until oth-erwise evaluated) as a burial site until a fieldvisit to the location of discovery is made byBurial Sites Preservation Office staff.

If a Native American burial site is discoveredduring compliance work (i.e., pursuant to theAntiquities Act of 1906, the Reservoir SalvageAct, the National Historic Preservation Act of1966, as amended, or the Archeological Re-sources Protection Act of 1979), provisions ofthe Native American Graves Protection andRepatriation Act (NAGPRA) may apply andoverride Wisconsin’s burial law. The con-tracting archeologist must contact the BurialSites Preservation Office immediately andmust also contact the funding or licensing fed-eral agency regarding its policy on the excava-tion of (Native American) human remains. Theexcavation of non–Native American humanremains still requires authorization from theDirector of the State Historical Society ofWisconsin.

MethodologyThe following guidelines represent the mini-mum amount of information that must be re-corded during the excavation of human re-mains:

Exposure and documentation:1. The first step is to identify boundaries of

the burial pits(s) and record burial dimen-sions (once exposed) and pit size(length/width/depth), orientation, burialtype, shape, and vertical and horizontal lo-cation in a plan view (refer to BSPO FieldRecording Form). Contrasts in soil colorand texture should be described, and a soilsample taken of the surrounding pit fill.

2. The next step is to carefully remove the

sediments surrounding the burial(s) andexpose the human remains using excava-tion tools appropriate to the task. The boneshould not be touched with sharp metaltools. Wooden or bamboo picks are rec-ommended. A second sample of sedimentsshould be taken from the area of the sa-crum, if possible. If bones are damp wheninitially exposed, they should not be left todry in direct sunlight.

3a. If the burial is supine, the frontal bone ofthe cranium and the innominates (pelvicbones) will normally be the first exposed

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through excavation. Because these ele-ments are often the most fragmentary (andwill often yield the greatest information onsex and age during analysis), they shouldbe excavated last if possible. They can beused as landmarks from which to ap-proximate the location of the long bones(arms and legs) and expose them beforeexcavating the chest, pelvic, and cranial re-gions. Once an area is exposed, it shouldbe kept free from sediment by covering itwith newspaper or lightweight cloth. Thisis not always easy as one area (e.g., elbowor hip joint) is likely to still be in articula-tion with other bones sharing other con-nections.

3b. If the burial is flexed, the side of the skull(and possibly the lateral portion of the or-bit), side of the pelvis, and knee joint willlikely be exposed first. Because of the cir-cumstances of burial deposition, excava-tion must begin at the most elevated pointsand work sideways and downward untilthe remains are exposed. Procedures usedmust be sensitive to the context and reflectthe objectives (including time and costconstraints) of the recovery plan.

4. All skeletal elements and associated ob-jects should be left in situ until the remainsare completely exposed, photographed, andmapped on graph paper. Photographicdocumentation must include both black-and-white prints and color slides and a listof photographs taken, their numbers, ori-entation, and type of film used. All photo-graphs should include a scale and an arrowpointing to magnetic north. If possible, theburial number(s) must also appear in thephotograph.

5. The vertical and horizontal location of the

human remains should be recorded, and ascale drawing made of each burial and anyassociated artifacts.

6. Field notes and the information on the

Field Recording Form (see attached) mustbe as complete as possible. If feasible, andif within the scope of the project, the landadjacent to the burial must be investigatedto determine whether there are features thatmay provide additional context for inter-

preting the burial site and associated mor-tuary behavior. If the adjacent land cannotbe surveyed, for whatever reason, that factmust be explicitly recorded in the fieldnotes.

Removal1. After documentation, the remains should

be removed as quickly as possible. An ex-posed burial should not be left overnight.

2. When skeletal elements are placed in paper

or plastic bags, all provenience information(including burial number) should be writ-ten on the bag before the bone is put inside(for example, “Burial 1, 47-WK-1000, lefthand bones”). If plastic bags are used,even for transport only, they should be leftpartially open if possible; a sealed bagtraps humidity and accelerates bone de-composition.

3. Before excavated bone is placed into bags

or boxes, as much adherent soil as possi-ble should be removed. The one exceptionis a cranium that has dense, compacted soilremains within the internal cavity; no at-tempt should be made to remove the soil inthe field, as the cranial bones will likelycome apart and make laboratory recon-struction much more difficult.

4. When a large concentration of secondary

(commingled) burials with no identifiablecluster(s) of skeletal elements is excavated,the position of each bone must be docu-mented (graphically and numerically) on aplan view. An arbitrary grid system shouldbe established along the long axis of theburial, and bones assigned to a designatedexcavated subunit.

Documentation FormsThe following forms were developed for thedocumentation of burial sites and the excava-tion, analysis, and reporting of research onhuman remains:

• Burial Sites Inventory Form• Field Recording Form

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• Skeletal Inventory for Single Individu-als

• Skeletal Age and Sex DeterminationForm

• Bone Union and Epiphyseal Clo-sure—Immature Remains

For additional information contact

Burial Sites Preservation OfficeThe State Historical Society of Wisconsin816 State StreetMadison, Wisconsin 53706608-264-6502/6503

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