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<br />,- <br /> <br />The Act provided 1bat the President of the United Slates direct various Federal departments, agencies, <br />and other instrumentalities respoIWDle for adminis1ering relevant Jaws to evaluate their policies and procedures <br />In consu1lation with Native American traditional religious leaders to determine changes necessary to preserve <br />and protect Native American religious cultural rites and practices. <br /> <br />~~i <br /> <br />The Corps shall consult with Native American traditional leaders to determine the best way of <br />preserving and protecting the religious rights of American Tndi~n. on those lands adn1lnistered or under the <br />jurisdiction of the Corps. <br /> <br />ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 <br /> <br />.. CORPS RESPONsmn.lTY UNDER THE ACf:. The Archaeological Resources Protection Act (ARPA) . <br />requires the Corps to identity and protect archaeological resources lo~ted on Federal lands under the <br />jurisdiction of the Corps. Archaeological resources are JlllIterial remains of past human life or activities that <br />are atIeast 100 years old and that have scientific or hwnanistic value. ARPA applies only to Federal.land and . <br />to Indian land. . . <br /> <br />. No person JlllIY excavate, remove, daJllllge, or otherwise alter or deface; or attempt to excavate, <br />rem.ove, damage, or 01herwise alter or deface any archaeological resource located on Federal lands Under the <br />jurisdiction at tbe Corps unless such activities have been authorized by a permit issued by the Corps under the <br />authority of ARPA. Before an ARPA permit can be issued, the Corps must notity and consult with Indian <br />Tribes conc:emin& the possible harm. to or destruction of sites having religious or cultural irnporlance. . <br /> <br />Any person JlllIyapply for an ARPA permit. However, the applicant II1USt provide the Corps with <br />documentation on their professional quaIifications to perform permitted activities, and the applicant must '1~~~ <br />document lbat tbe excavation and removal of archaeological resources shall be performed for the purposes of <br />. furthering archaeological knowledge In the public Interest, . including the Interests of Indian Tribes. The <br />trea.lIDent and ftnaI disposition of artifacts, other cultural JlllIterials, dala, and records shall cOnform with <br />S1aDdards and requirements specified In ARPA; the National Historic Preservation Act of 1966, as amende4; <br />and/or the Native American. Graves Protection and Repattiation Act (NAGPRA) of 1990. Archaeological <br />.-esources excavated and/or rem.oved from Federal land are the property of tl1eUnited Slates unless othe~ . . <br />provided for under NAGPRA. <br /> <br />Indian Tribes and tribal members are DOt reqqired to have an ARPA permit for the excavation and . <br />removal of archaeological resources located on Indian Tribal land. PeopleJllllY apply to Indian Tn"bes for. <br />permits to excavate and remove archaeological resources located on Indian land. Tribes JlllIY i$sue permits for <br />the excavation and removal of cultural resources and set the terms and conditions of these permits. <br />Archaeological.-esources excavated and/or removed from Indian land are the property of the Tribe that owns <br />the land. <br /> <br />NATIVE AMERICAN GRA YES PROTECTION AND REPATRIATION ACT OF 1990 <br /> <br />CORPS RESPONSIBILITY UNDER THE ACf: The Native American Graves Protection and Repatriation <br />Act of 1990 (NAGPRA) requires the Corps to inventory human remains, associated and unassociated funerary <br />objects, sacred objects, and objects of cultural patrimony that were removed from Federal land under the <br /> <br />26 <br />