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<br />o,~~ <br /> <br />REVISED DRAFT (#IO)-August 11.2004 <br />Clean Version <br /> <br />case of an inadvertent discovery, if the decision is made by the federal official that the human <br />remains and/or cultural items will be excavated or removed, the requirements for intentional <br />excavations apply. 43 C.F.R, gIO.4(d)(I)(v).) In addition to this legal requirement, it is important <br />to d(':f~!mine eulrural affiliaHon P!"!l)!" to exc:!vaHo!'Jre!!!0,:'al so t~at the re!!g!c~~ 2.nd cu!t'..::r2! <br />practices of the culturally affiliated tribe can be accommodated during excavation/removal. <br />Notwithstanding the legal requirements, in some instances. a definitive detennination of cultural <br />affiliation may not be possible prior to excavation; similarly, excavation/removal may yield <br />infonnation that indicates that a detennination of cultural affiliation made prior to <br />excavation/removal may have been incorrect. This protocol does not propose a solution for such a <br />situation. This issue may be subject to consultation under the protocols in part 5. <br /> <br />36 <br />