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<br />00539 <br /> <br />REV]SED DRAFT (#]0) - Augustll, 2004 <br />Clean Version <br /> <br />(d-2) Consultation for excavations on federal lands. Prior to the issuance of a <br />permit for the excavation of human remains and/or cultural items subject to NAGPRA, <br />NPS will be responsible for ensuring that consultation with the Tribes is carried out <br />pursuant to ~ 10.5 of the NAGPRA regulations. Any Tribe that is, or is likely to be, <br />cuiluraiiy affiiiated with the human remains and/or cultural items at issue, has a right to <br />be invited to participate in this consultation. ~10.5(a)(2). Additionally, any Indian tribe <br />that has a demonstrated cultural relationship with the specific human remains or cultural <br />items that are discovered must be consulted, following 43 CFR 10.5(3). Consultation is <br />concluded with a "written plan of action" which includes the items listed in ~1O.5(e). A <br />written plan of action for intentional excavation must include the specific information <br />used to determine custody pursuant to 43 CFR 10.6.6 (In the event that the tribes and NPS <br />enter into a comprehensive agreement pursuant to ~I 0.5(1), the terms of such an <br />comprehensive agreement may supersede these protocols.) <br /> <br />Since compliance with NAGPRA does not relieve the federal agency of its <br />responsibilities for compliance with NHP A section 106, consultation with the Tribes for <br />purposes ofNAGPRA compliance will include a review of information relevant to <br />compliance with NHPA and a determination, by the federal official, of whether the <br />activity requires further action for compliance with NHPA (which will generally be <br />conducted in accordance with Protocol (b) or (c)). <br /> <br />(d-3) Consent for excavations on tribal lands. For any excavation on tribal <br />lands (i.e., within the boundaries of any Reservation), consent ofthe governing Tribe is <br />required. In any such case, the governing Tribe will determine which tribal laws apply <br />and what the requirements of those tribal laws are. The BIA will determine if an ARPA <br />permit is required, and, if so, will be the permit-issuing agency. <br /> <br />(d-4) Excavations on lands for which reservation status is subject to <br />disagreement. In the event that an intentional excavation is planned for land subject to <br />disagreement regarding its status as within an Indian reservation (generally circumstances <br />described in protocol (d-5), NPS and the tribe will consult on whether it is necessary or <br />advisable to reach a definitive resolution of the underlying boundary issue prior to <br />excavation or removal. NPS will also consult with the other tribes that are likely to be <br />culturally affiliated or that have a demonstrated cultural relationship with the human <br />remains and/or cultural items. If an agreement on how to proceed is reached among NPS <br />and all the consulting tribes, that agreement will govern the particular excavation or <br />removal; such an agreement may specifically provide that it does not resolve the <br />underlying boundary issue. If the tribe that asserts reservation status determines that the <br />underlying boundary issue must be resolved, the excavation or removal will not take <br />place until the tribe has had a reasonable opportunity to seek resolution of the issue by a <br />tribunal with jurisdiction. <br /> <br />(d-S) Disposition of human remains and/or cultural items from Federal lands. <br />For any human remains and/or cultural items that are excavated or removed from NPS <br />lands, NPS will be responsible for ensuring that the ultimate disposition is consistent with <br /> <br />30 <br />