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<br />00538 <br /> <br />REVISED DRAFT (#10)- August 11,2004 <br />Clean Version <br /> <br />excavated or removed, or the tribe that asserts that the land is within its reservation makes <br />such a determination, Protocol (d-4) will apply. <br /> <br />(c-6) Resumption of activity. If the inadvertent discovery was caused by AMP <br />or P AlHPP authorized activities, the activity may resume thirty (30) days after the <br />certification of the receipt of notice (by NPS or the tribal official), if the activity is <br />otherwise lawful. With respect to NPS lands, the activity may also resume ifNPS and the <br />culturally affiliated Tribe(s) or other tribes meeting the priorities of control have executed <br />a written, binding agreement that incorporates a NAGPRA Plan of Action for the <br />excavation or removal of the human remains and/or cultural items, as authorized by <br />SI0.4(d)(2) of the NAGPRA regulations. <br /> <br />Protocol (d) - Intentional Excavations. <br /> <br />In any case in which the inadvertent discovery of human remains and/or cultural <br />items leads to a decision that the human remains and/or cultural items must be removed <br />from the ground, such removal shall be treated as an intentional excavation, subject to <br />!/10.3 of the NAGPRA regulations. Any other planned activity that may result in the <br />excavation of human remains and/or cultural items from NPS lands is also subject to the <br />intentional excavation provisions of the NAGPRA regulations. <br /> <br />(d-I) Applicability of ARPA permit regulations. NAGPRA requires the <br />issuance of a permit pursuant to the Archaeological Resources Protection Act (ARPA) <br />prior to the intentional excavation of any human remains and/or cultural items. <br />NAGPRA requires that, prior to the issuance of an ARPA permit for federal lands, the <br />federal agency must consult with concerned Indian tribes; with respect to tribal lands, <br />consent of the governing tribe is required, and the Tribe itself is exempt from the permit <br />requirement. With respect to federal lands, the ARPA regulations provide that "Persons <br />carrying out official agency duties under the Federal land manager's direction, associated <br />with the management of archaeological resources" are not required to obtain a permit. 43 <br />C.F.R. !/7.5(c). (The Federal land manager, however, is nevertheless responsible for <br />ensuring that the requirements of !/!/7.7, 7.8 and 7.9 of the ARPA regulations are met.) <br />Accordingly: <br /> <br />- For any intentional excavation on NPS land, NPS will be responsible for <br />ensuring that the applicable requirements of the ARPA regulations and the <br />NAGPRA regulations will be met, even though an ARPA permit may not be <br />required. <br /> <br />- For any intentional excavation on tribal lands, the BlA will be responsible for <br />determining if an APRA permit is required, the BlA will also be responsible for <br />issuing any such permit; each Tribe will determine whether its laws require a <br />tribal permit; <br /> <br />29 <br />