WSP05612 - Laserfiche WebLink

Home Browse Search

i;t~~l Corps' jurisdiction. The Corps is also required to discuss the disposition of the human remains and objects with lineal descendants or Indian Tribes that have the right to control and possess the remains and objects. ., The Corps is respDDSlble for consulting widl individual Native Americans, Indian Tribal governments, and traditional religious leaders to establish who has the right to control and possess human remains and cultural objec1ll and to determine if, how, when, and where repatriation shall take place. Human remains and cultural objects excavated or discovered on Federal or Indian lands after November 16, 1990, shall be repatriated to individuals or Tribes based on the following priority: (1) lineal descendants; (2) the Indian Tribe who owns the land where the remains and/or objects originated; (3) .for remains and objects from. oon-Indian land, the Tribe which has the closest cultural affiliation with the remains and objects: and (4) for human remains and objec1ll originating on Federal land. recognized . by a final ,j1vlgP-tnP.nt of the Indian CIabns CoIIunissiODprthe United States Court of Claims as the aboriginal homeland of an Indian Tnbe, lhen 1ho6e remains and. objects shall be repatriated to that Tribe. All other human remains . and objec1ll shall be repatriated based on lineal descendancy and cultural affiliation. . . . The intentional excavation and removal of Native American human r..m.;n. and objects may be permitted only if (1) the excavation and removal of remains and objects follows a permit issued under Section 40f the Archaeological Resources Protection Act of 1979 ,as amended: (2) rem.in. and objects are excavated only after consultation widl or, in the case of tribal land, consent of theapproprlate Indian Tribe; there must be proof of consultation or consent. The ownership and/or right to control the disposition of the remaiDs and objects shall be established as described above. , ;f0~~~it:1 AIry project, activity, or program that results in the inadvertent discovery of Native American human remains, funerary or sacred must cease work in the vicinity of the discovery for 30 days, if there has been no prior consultation or permit. The Corps must take immediate action to secure and protect the remains and . objec1ll and I1Dti(y the Tribe or Tnbesthat may be culturally aftiliated with the remains .within 24 hours of their discovery. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 .. PURPOSE OF THE LAW: The National Environmental Policy Act of 1969, as amended. (NEP A)declared . it a national policy to encourage productive and enjoyable harmony between man and his environment, and for other purposes. Specifically, it declared a . continuing policy of the Federal Government.... to use all practicable means and measures ... to fosler.and promote the general welfare, to. create conditions under which. man and nature can exist in productive harmony, and fulfilLthe social, economic, and requirements of present . and future generations of Americans. . APPLICABILITY OF THE LAW: All Federal agencies must give due considerations to plans, actions, functions, programs, and resources within the context of this law. All agencies must utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man's environment; identity and develop methods and procedures which will insure presently unquantified environmental amenities and values are given appropriate consideration in decision m.1<i11g along with economic and technical considerations; and include in every recommendation or report on proposals for 27