Requirements and Procedures for the Transfer of Human Skeletal Remains and Funerary Objects

Background

Tennessee state laws protect all human remains, regardless of age or cultural affiliation, and it is illegal to knowingly tamper with, excavate, or disinter human burials, gravesites, or funerary objects without a Chancery court order [T.C.A. 11-6-107(d), 39-17-311, and 39-17-312]. The guidelines, laws, and procedures described below are for the convenience of interested parties and should not be used in place of legal counsel. Individuals with legal questions or issues should retain the services of legal counsel and/or contact local law enforcement.  

If a developer or citizen encounters or accidentally exposes human remains or gravesites, regardless of the age or cultural affiliation of those remains, they are required by law to stop all work in the immediate area, and notify the medical examiner or coroner, and local law enforcement (T.C.A. 11-6-107d). The State Archaeologist should also be notified at 615-626-2025 or by email at Phil.Hodge@tn.gov

Recipients of federal funding or other federal assistance that have Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony are subject to compliance with the Native American Graves Protection and Repatriation Act  ("NAGPRA"). NAGPRA compliance requirements may be triggered through a variety of federal grants and awards, as well as pandemic relief funds distributed through the CARE Act. Please be sure to verify your organization's NAGPRA obligations prior to contacting the Division of Archaeology. The TDOA can provide general assistance and guidance regarding NAGPRA compliance and process.

Transfer of Human Remains and Funerary Objects to the Division of Archaeology

As a public agency, and center of subject matter expertise, the Division will provide information, advice, and guidance on NAGPRA compliance and will facilitate contacts with Tribes and National NAGPRA. Requests for information are often followed by requests to take possession and control of human remains and/or funerary objects. Our decisions regarding such requests will be evaluated as follows:

  1. As an ordinary matter of practice, the Division will neither take possession nor claim control of human remains or funerary objects from any external, non-state party that is subject to NAGPRA themselves. In extraordinary cases, the Division will consult with TDEC leadership, Tribes, and the chair or vice-chair of the Archaeological Advisory Council regarding such requests.
  2. In certain cases, the Division may accept transfers of human remains and cultural items in the possession or control of another Department, agency, institution, or other entity of state or local government. In such cases, the transferring entity will be a joint party to the repatriation process.
  3. At the discretion of the State Archaeologist, the Division may accept donations of human remains and cultural items from private individuals or parties not subject to NAGPRA, provided that the donation is provided freely and with no stipulations on the part of the donor. Such donations will be accessioned and incorporated into our NAGPRA process for repatriation.

Private Individuals 

The Tennessee Division of Archaeology (TDOA) may, at the discretion of the State Archaeologist, accept transfer of human remains or funerary objects from private individuals. Please contact State Archaeologist Phil Hodge at 615-626-2025 or by email at Phil.Hodge@tn.gov with requires or related inquiries.

Law Enforcement Agencies and Forensic Centers

For non-forensic materials in the possession of law enforcement agencies and forensic centers: 

  • A letter from the law enforcement agency addressed to the State Archaeologist requesting transfer, and a signed report from a forensic anthropologist or medical examiner confirming that the remains are archaeological and hold no forensic value. The letter, police report, or other documentation should include a written description and photos (if applicable) of current storage conditions. In lieu of a police report, the letter should include an itemized list and description of the remains or objects being transferred, including: 
    1. the nature and circumstances of their discovery;
    2. the location of discovery by geographic coordinates or street address; and
    3. the chain of custody and storage location

To Initiate Transfer:

  • After having verified your organization's NAGPRA obligations, receiving approval from the State  Archaeologist, and preparing the documentation listed above, contact TDOA's Curation and NAGPRA Care Specialist to coordinate the transfer.
  • An official TDOA Collections Tracking Memo must be signed as part of the transfer process. Copies of the Tracking Memo will be provided to the donor for their records.

What to Expect after Transfer:

  • For private individuals or parties not subject to NAGPRA, TDOA will assume responsibility for the donated human remains and/or funerary object(s) with no additional obligation to the Donor. 
  • For organizations subject to NAGPRA, if the Division agrees to accept human remains and/or funerary objects, the organization must agree to cooperate with the Division to complete the NAGPRA process and to file a joint Notice of Inventory Completion, Intent to Repatriate, or other required documents as stipulated by NAGPRA and its implementing regulations.