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<br />00536 <br /> <br />REVISED DRAFT (#10)- August \1,2004 <br />Clean Version <br /> <br />NAGPRA and its implementing regulations (43 CFR 10) apply to the <br />determination of custody of Native American human remains or other "cultural items" <br />(associated funerary objects, unassociated funerary objects, sacred objects, object~ of <br />cultural patrimony) that are excavated intentionally from Federal or tribal lands after 1990 <br />or that are discovered inadvertently on Federal or tribal lands after 1990. <br /> <br />Protocol (c) - Inadvertent discoveries. <br /> <br />(c-I) Notice of discovery. In any situation in which activities conducted under <br />the auspices of the AMP or the PA and HPP result in the discovery of Native American <br />hwnan remains and/or other cultural items meeting the definitions in 43 CFR 9 I 0.2, the <br />person in charge ofthe activity will ensure that notice is provided as required by the <br />statute. The notice shall be provided immediately by telephone and followed up with <br />written confirmation. 43 C.F.R. glO.4(b). <br /> <br />Notice of any such discovery shall be provided to NPS with respect to lands <br />managed by the NPS, and with respect to tribal lands, to the responsible Indian <br />tribal official. <br />- In all cases in which the NPS or Indian tribal official receives such notice, they <br />NIlS shall notifY by telephone, with written confirmation, all of the tribes that <br />are likely to be culturally affiliated with the inadvertently discovered hwnan <br />remains or cultural items. and the Indian tribes which aboriginally occupied the <br />area, and any other Indian tribe this is reasonably known to have a cultural <br />relationship to the human remains or cultural item. <br />- For any discovery that is within an area subject to disagreement over the <br />location of a Reservation boundary, NPS or the Indian tribal official shall notifY <br />the tribe that asserts that the location is within its Reservation and shall also <br />notifY the tribes that are likely to be culturally affiliated, and the Indian tribcs <br />which aboriginally occupied the area, and any other Indian tribe this is <br />reasonably known to have a cultural relationship to the human remains or <br />cultural item.. <br />- Notice to tribes that are likely to be culturaJly affiliated will advise those tribes <br />whether the location of the discovery is within a Reservation or within an area <br />that a tribe asserts is within it Reservation.4 <br /> <br />(c-2) Ceasing activity and protection measures. If the inadvertent discovery <br />was caused by AMP or P AlHPP authorized activities (in the sense that the activities <br />caused the partial disinterment of human remains or cultural items subject to NAGPRA, <br />rather than in the sense that AMP or P AlHPP activities simply put people in a place to <br />discover a disinterment caused by the actions of others or by natural causes or by <br />operation of Glen Canyon Dam), then the official(s) in charge of the activity that resulted <br />in the discovery will stop the activity in the area of the discovery. In any case, the <br />person(s) in charge of the activities that led to the discovery will make a reasonable effort <br />to secure and protect the human remains and/or cultural items discovered.s <br /> <br />27 <br />