Common use of Discovery of Human Remains Clause in Contracts

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