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<br />00540 <br /> <br />REVISED DRAFT (#\0)- ....uguslll. 2004 <br />Clean Version <br /> <br />NAGPRA and its implementing regulations, including the provisions for determining <br />priority of custody. <br /> <br />(d-6) Disposition of human remains and/or cultural items from tribal lands. <br />fOf ;1.IIY human remains andior cultural Items that are excavated or removed from tribal <br />lands, NAGPRA provides that the right of custodial control is vested in the governing <br />tribe (unless there are known lineal descendants). In any such case, a Tribe that asserts a <br />claim of cultural affiliation with the human remains and/or cultural items may ask the <br />governing Tribe to release the human remains and/or cultural items to its custody. How <br />to respond to any such request is strictly a matter for the governing Tribe to decide. <br /> <br />(d-7) Treatment, care and handling of Native American cultural items. <br />Treatment, care, and handling of Native American cultural items found during intentional <br />excavation shall be in accordance with the site-specific data recovery plan, and as <br />stipulated in a Memorandum of Agreement executed among the consulting parties, <br />including the relevant tribes according to both section 106 ofNHPA and NAGPRA and <br />its implementing regulations. <br /> <br />(3) Sites Protected by ARPA - Archaeological Resources <br /> <br />ARPA applies to "archaeological resources," which is defined to mean "any <br />material remains of human life or activities which are at least 100 years of age, and which <br />are of archaeological interest." 16 V.S.C. 9470bb(1); 43 C.F,R. 97.3(a). The term <br />"archaeological resources" includes human remains and cultural items protected by <br />NAGPRA, provided that such items or more than 100 years of age and possess <br />archaeological interest. (Moreover, since an ARPA permit is required for the excavation <br />or removal of human remains and/or cultural items covered by NAGPRA. the 100 years <br />of age and archaeological interest factors are not really relevant.) There are, however, <br />many kinds of archaeological resources that are not covered by NAGPRA. <br /> <br />Protocol (e) - Archaeological resources on Federal lands <br /> <br />NPS is responsible for ensuring that any excavation or other removal of <br />archaeological resources from NPS lands is conducted in accordance with ARPA and its <br />implementing regulations. Since it is often difficult to determine if human remains <br />and/or cultural items covered by NAGPRA are present at a site prior to excavation, NPS <br />will proceed on the assumption that such NAGPRA-protected resources are likely to be <br />present. Accordingly, all planned ground disturbing activities will require a written <br />NAGPRA plan of action. <br /> <br />Protocol (I) - Archaeological resources 00 triballaods. <br /> <br />BIA is responsible for determining if ARPA applies to the excavation or removal <br />of archaeological resources for land within the boundaries of the Hualapai or Navajo <br />Reservation. BIA is similarly responsible for issuing any ARPA permit that is required, <br /> <br />31 <br />