Nebraska Statutes 12-1204. Terms, defined
For purposes of the Unmarked Human Burial Sites and Skeletal Remains Protection Act:
Terms Used In Nebraska Statutes 12-1204
- Circumstantial evidence: All evidence except eyewitness testimony.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) Burial goods shall mean any item or items reasonably believed to have been intentionally placed with the human skeletal remains of an individual at the time of burial and which can be traced with a reasonable degree of certainty to the specific human skeletal remains with which it or they were buried;
(2) Human burial site shall mean the specific place where any human skeletal remains are buried and the immediately surrounding area;
(3) Human skeletal remains shall mean the body or any part of the body of a deceased human in any stage of decomposition;
(4) Indian tribe shall mean any federally recognized or state-recognized Indian tribe, band, or community;
(5) Professional archaeologist shall mean a person having a postgraduate degree in archaeology, anthropology, history, or a related field with a specialization in archaeology and with demonstrated ability to design and execute an archaeological study and to present the written results and interpretations of such a study in a thorough, scientific, and timely manner;
(6) Reasonably identified and reasonably identifiable shall mean identifiable, by a preponderance of the evidence, as to familial or tribal origin based on any available archaeological, historical, ethnological, or other direct or circumstantial evidence or expert opinion;
(7) Society shall mean the Nebraska State Historical Society; and
(8) Unmarked human burial shall mean any interment by whatever means of human skeletal remains for which there exists no grave marker, including burials located in abandoned or neglected cemeteries.