Discovery of Human Remains a. If a post-review discovery includes human remains, or other indications of human interment are encountered during construction or archeological investigations, the guidelines contained in the ACHP’s “Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects” will be followed and the following protocol be implemented:
b. The person or persons encountering such properties or effects shall immediately notify the SHPO, FERC and Rover. Construction in the area of such sites or effects shall not resume until the requirements of 36 CFR §800.13(b) (3) have been met.
c. At all times human remains must be treated with the utmost dignity and respect. Should human remains be encountered, work in the general area of the discovery will stop immediately and the location will be immediately secured and protected from damage and disturbance.
d. Human remains or associated artifacts will be left in place and not disturbed. No skeletal remains or materials associated with the remains will be collected or removed until appropriate consultation has taken place and a plan of action has been developed.
e. The SHPO, the appropriate Tribes, and the involved state and federal agencies will be notified immediately. Rover will notify and meet any requirements of the coroner and local law enforcement. A qualified forensic anthropologist, bio-archeologist or physical anthropologist will assess the remains in situ to determine if the remains are American Indian or non- American Indian.
f. If human remains are determined to be American Indian, the remains will be left in place and protected from further disturbance until a plan for their avoidance or removal can be generated. Please note that avoidance is the preferred choice with SHPO and the Tribes. FERC will consult SHPO and/or the appropriate Tribes to develop a plan of action that is consistent with the Native American Xxxxxx Protection and Repatriation Act guidance.
g. If human remains are determined to be non-American Indian, the remains will be left in place and protected from further disturbance until a plan for their avoidance or removal can be generated. Consultation with the SHPO and other appropriate parties will be required to determine a plan of action
Discovery of Human Remains. If human remains are discovered, the NPS will follow the provisions of applicable state and local laws and NAGPRA (25 U.S.C. § 3001), per a Plan of Action that will be included in the HPTP. All work within 200 meters of the discovery will cease, and the Applicant will protect the discovery, as directed by the HPTP. Procedures for the discovery of human remains will be developed in consultation with Consulting Parties and prior to issuance of any NTP. The procedures will also address curation and repatriation.
Discovery of Human Remains i. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County of Orange Sheriff-Coroner and/or other applicable coroner and law enforcement agency (“Coroner’s Office”) has determined the appropriate treatment and disposition of the human remains. The Coroner’s Office shall be notified within 24 hours of the discovery.
ii. If the Coroner’s Office determines that the remains are or are believed to be of Native American origin, the Coroner’s Office will notify the California Native American Heritage Commission (NAHC).
iii. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall be granted access to the site to complete their inspection as quickly as possible. The designated Native American representative would then determine, in consultation with County, the treatment and disposition of the human remains.
Discovery of Human Remains i. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County of Orange Sheriff-Coroner and/or other applicable coroner and law enforcement agency l be notified within 24 hours of the discovery.
ii. Heritage Commission (NAHC).
iii. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall be granted access to the site to complete their inspection as quickly as possible. The designated Native American representative would then determine, in consultation with County, the treatment and disposition of the human remains.
Discovery of Human Remains. 4 A. WisDOT will insert into all contracts for excavation, construction, or other ground‐disturbing 5 activities in the (Project) the procedures described below for the treatment of 6 inadvertent/accidental human remain discoveries. WisDOT will ensure the processes 7 described below are followed in order to minimize harm and damage/disturbance to human 8 burial sites.
9 B. If human remains are inadvertently/accidentally discovered during implementation of the 10 Project, all ground disturbing activities in the immediate area of the discovery shall halt until 11 the following actions have been carried out. WisDOT shall immediately implement measures 12 to protect the human remains from inclement weather and vandalism, and notify appropriate 13 law enforce officials to determine whether or not the remains are subject to a criminal 14 investigation by local or federal authorities.
15 C. FHWA/WisDOT shall provide sufficient information to allow law enforcement to determine if 16 the remains are or are not subject to a criminal investigation by local or federal authorities.
17 1. If it is determined the human remains are not subject to a criminal investigation by local 18 or federal authorities, FHWA/WisDOT shall comply with all applicable federal (Native
Discovery of Human Remains. 22 A. If human remains are discovered, NCA will contact the local police department and coroner 23 to determine if the location is a crime scene or of modern forensic context. If the local police 24 department determines the discovery is a crime scene or of modern forensic context, 25 investigation of the discovery as such will supersede its treatment as a historic property, but 26 such treatment will resume, if applicable once police investigation has been completed.
27 B. If the local police department determines that the discovery is not a crime scene and NCA, in 28 consultation with VA’s FPO and the MO SHPO, determines the human remains, funerary 29 objects, sacred objects, or objects of cultural patrimony are Native American or based on the 30 preponderance of evidence are likely to be Native American, NCA will comply with the 31 Native American Xxxxxx Protection and Repatriation Act (NAGPRA) and its implementing 32 regulations.
Discovery of Human Remains. A. If any human remains and/or grave-associated artifacts are encountered during any of the investigations, including data recovery, the District shall follow the NYSHPO Human Remains Discovery Protocol (2018; see Appendix D) and, as appropriate, develop a treatment plan for human remains that is responsive to the ACHP’s Policy Statement on Human Remains” (September 27, 1988), the Native American Xxxxxx Protection and Repatriation Act (PL 101-601) and , US Army Corps of Engineers, Policy Guidance Letter No. 57 (1998)
Discovery of Human Remains. If human remains or remains thought to be human, funerary objects, sacred objects, or objects of cultural patrimony are discovered during an undertaking involving federally-managed lands, HTNF will comply with Native American Xxxxxx Protection and Repatriation Act (NAGPRA) and its implementing regulations at 43 CFR 10, Subpart B. HTNF will ensure that employees or contractors also comply with the protocol specified below for unanticipated discoveries of this kind. Human remains and associated grave goods discovered on private land will be handled according to provisions of Nevada Revised Statute 383.150 to 383.190. • Ensure that employees or contractors do not take photographs of the human remains out of respect for Tribal concerns and of law enforcement forensic concerns. • Be responsible for the security and protection of human remains during NAGPRA consultations, until disposition of the remains is determined. • Notify appropriate law enforcement authorities and/or the County coroner about the human remains. • Work with law enforcement or the County coroner to determine the age and affiliation of the human remains. • If law enforcement officials determine the human remains are not of recent age or criminal concern, HTNF will consult with the Tribe, the SHPO, and other consulting parties to fulfill the requirements of NAGPRA (43 CFR 10). • Provide a specialist with expertise in human osteology and human remains to make an in-situ assessment of the remains to document the remains and to determine the cultural affiliation that would guide the development of a written action plan. A consultant provided by the Proponent may also perform this work. • Develop an Action Plan for the evaluation and disposition of the human remains that meets the requirements of NAGPRA (43 CFR 10) and 36 CFR 800.
Discovery of Human Remains. In the event that the inadvertent discovery involves human remains, MDOT MTA will follow the applicable section of the IDP, which describes applicable Maryland State laws and consultation procedures regarding human remains.
Discovery of Human Remains. If human remains are discovered, the Coalition shall follow the provisions of applicable state and local laws and NAGPRA (25 U.S.C. § 3001), pursuant to a Plan of Action that will be included in the HPTP. All work within 200 feet of the discovery shall cease, and the Coalition shall protect the discovery, as directed by the Plan of Action. Procedures for the discovery of human remains shall be developed in consultation with the Consulting Parties. The procedures shall also address curation and repatriation.
A. Private Land
1. If human remains or suspected human remains are encountered at any time during construction or operation of the Project (see Utah Code Annotated 76-9-704 for the “Abuse or desecration of a human body”) OEA shall contact local law enforcement, who should in turn contact the Utah Division of State History to assist in identification, recovery, and analysis of the human remains if they are determined to be Ancient Human Remains pursuant to Utah Code Annotated 9-8-309.
2. As appropriate, based on the cultural association of the remains, OEA shall consult with Native American Tribes who have ancestral connections to the region, or with any other groups or individuals who may have a historical association with the remains.
3. In consultation with SHPO, OEA shall ensure that, if necessary, the Coalition shall engage a qualified archaeologist to survey the site to do additional fieldwork on the environs of the post-review discovery, anticipated to be within 72 hours of the initial notification, or as soon as practicable.
4. Based on that verbal or written assessment and through consultation, and in consultation with Native American Tribes, OEA and SHPO shall agree upon the appropriate treatment of the discovery prior to resumption of construction activities in the area of discovery.
