Common use of General Human Remains Discovery Process Clause in Contracts

General Human Remains Discovery Process. 1. In the event that previously unreported or unanticipated human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony are encountered during field investigations, laboratory work, or during construction or maintenance activities originating from federal, state, or private lands (Federal and Non-Federal Lands) USACE shall notify the relevant historic preservation interests (SHPO’s of jurisdiction, and interested Federally-recognized Tribal representatives) within 24-hrs of the discovery. Concurrently, USACE will implement the provisions 2 thru 6, below: 2. Any USACE employee or contractor(s) who knows or has reason to know that they have inadvertently discovered human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony must provide immediate telephone notification of the inadvertent discovery to the responsible Federal construction official, with written confirmation, to the appropriate USACE District’s Point of Contact in this agreement. The written notification should contain the results, if any, of the field evaluation. The appropriate USACE District’s Cultural Resources Staff and Tribal Liaison will begin to develop a plan of action to inform the appropriate District Commander of the consultation tasks necessary to address the discovery. No photographs should be taken at this time of the human remains. 3. All fieldwork, construction or maintenance activities, must stop immediately within a one hundred (100) meter (328 ft.) radius buffer zone around the point of discovery; unless there is reason to believe that the area of the discovery may extend beyond the one hundred (100) meter (328 ft.) radius buffer zone in which case the buffer zone will be expanded appropriately, within the APE. USACE will implement measures to protect the discovery from theft and vandalism. Any human remains or other items in the immediate vicinity of the discovery must not be removed or otherwise disturbed. USACE will take immediate steps, if necessary, to further secure and protect inadvertently discovered human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony, as appropriate, including stabilization, or covering the find location. 4. USACE will notify local law enforcement, coroner, or medical examiner, as appropriate, and the SHPO of jurisdiction, per the POC in Appendix B, by telephone to assess the nature and age of the human skeletal remains within twenty-four (24) hours of the discovery of unmarked human remains and accompany local law enforcement personnel during all field investigations. USACE will also notify interested Federally-recognized Tribes of the discovery within the same period. If the appropriate local law enforcement official determines that the remains are not involved in a criminal investigation, USACE will follow jurisdictional guidelines as provided for based on land ownership (per Stipulation X. B.). a. In cases where human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony are discovered during the implementation of a USACE-funded undertaking on Federal Land, USACE will notify by telephone and e-mail, the SHPO of jurisdiction, Tribes, and other affected parties (e.g., living descendants) that may that might attach religious and cultural significance to the discovery at the earliest possible time, but no later than forty-eight (48) hours and inform them of the steps already taken to address the discovery. b. In cases where the human remains are discovered on Non-Federal Lands and are determined to be Native American, the individual state’s Designated Authority will notify and coordinate with Tribes as required by the appropriate state law, but not later than forty-eight (48)-hours from the time of their notification. As requested and to the extent of its legal authority, USACE will assist the Designated Authority, to consult with Tribes and affected parties, as appropriate. c. In cases where the human remains are discovered on Non-Federal Lands and determined to be other than Native American, the individual state’s Designated Authority will notify and coordinate in accordance with the appropriate state law. As requested and to the extent of its legal authority, USACE will assist the Designated Authority to consult with the affected parties, as appropriate. 5. USACE will consult with SHPO, THPOs, and appropriate Federally-recognized Tribes, and other affected parties to develop a mutually agreeable action plan with timeframes to take into account the effects of the Undertaking on the discovery; resolve adverse effects if necessary; and ensure compliance with applicable federal laws and their implementing regulations, if the discovery of Native American human remains, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony occurs on Federal Land (see Stipulation IX. B. for the detailed process). 6. Following the outcome of any consultation (Federal Lands or Non-Federal Lands) to address the discovery of human remains, USACE will coordinate with any contractor(s) regarding any required scope of project modification necessary to implement recommendations from the consultation and facilitate proceeding with the Undertaking.

General Human Remains Discovery Process. 1. In the event that previously unreported or unanticipated human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony are encountered during field investigations, laboratory work, or during construction or maintenance activities originating from federalFederal, state, or private lands (Federal and Non-Federal Lands) USACE shall notify the relevant historic preservation interests (SHPO’s of jurisdictionJurisdiction, and interested Federally-recognized Tribal representatives) within 24-hrs of the discovery. Concurrently, USACE will implement the provisions 2 thru 6, 6 below: 2. Any USACE employee or contractor(s) who knows or has reason to know that they have inadvertently discovered human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony must provide immediate telephone notification of the inadvertent discovery to the responsible Federal construction official, with written confirmation, to the appropriate USACE District’s Point of Contact in this agreement. The written notification should contain the results, if any, of the field evaluation. The appropriate USACE District’s Cultural Resources Staff and Tribal Liaison will begin to develop a plan of action to inform the appropriate District Commander of the consultation tasks necessary to address the discovery. No photographs Photographs should be taken at this time of the human remains. 3. All fieldwork, construction or maintenance activities, must stop immediately within a one hundred (100) meter (328 ft.) radius buffer zone around the point of discovery; unless there is reason to believe that the area of the discovery may extend beyond the one hundred (100) meter (328 ft.) radius buffer zone in which case the buffer zone will be expanded appropriately, within the APE. USACE will implement measures to protect the discovery from theft and vandalism. Any human remains or other items in the immediate vicinity of the discovery must not be removed or otherwise disturbed. USACE will take immediate steps, if necessary, to further secure and protect inadvertently discovered human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony, as appropriate, including stabilization, or covering the find location. 4. USACE will notify local law enforcement, coroner, or medical examinerMedical Examiner, as appropriate, and the SHPO of jurisdictionMS SHPO, per the POC in Appendix B, by telephone to assess the nature and age of the human skeletal remains within twenty-four (24) hours of the discovery of unmarked human remains and accompany local law enforcement personnel during all field investigations. USACE will also notify interested Federally-recognized Tribes of the discovery within the same period. If the appropriate local law enforcement official determines that the remains are not involved in a criminal investigation, USACE will follow jurisdictional guidelines as provided for based on land ownership (per Stipulation X. B.IX). a. In cases where human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony are discovered during the implementation of a USACE-funded undertaking on Federal Land, USACE will notify by telephone and e-e- mail, the SHPO of jurisdictionMS SHPO, Tribes, and other affected parties (e.g., living descendants) that may that might attach religious and cultural significance to the discovery at the earliest possible time, but no later than forty-eight (48) hours and inform them of the steps already taken to address the discovery. b. In cases where the human remains are discovered on Non-Federal Lands and are determined to be Native American, the individual state’s Designated Authority will notify and coordinate with Tribes as required by the appropriate state law, but not later than forty-eight (48)-hours from the time of their notification. As requested and to the extent of its legal authority, USACE will assist the Designated Authority, to consult with Tribes and affected parties, as appropriate. c. In cases where the human remains are discovered on Non-Federal Lands and determined to be other than Native American, the individual state’s Designated Authority will notify and coordinate in accordance with the appropriate state law. As requested and to the extent of its legal authority, USACE will assist the Designated Authority to consult with the affected parties, as appropriate. 5. USACE will consult with MS SHPO, THPOs, and appropriate Federally-recognized Tribes, and other affected parties to develop a mutually agreeable action plan with timeframes to take into account the effects of the Undertaking on the discovery; resolve adverse effects if necessary; and ensure compliance with applicable federal laws and their implementing regulations, if the discovery of Native American human remains, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony occurs on Federal Land (see Stipulation IX. B. IX for the detailed process). 6. Following the outcome of any consultation (Federal Lands or Non-Federal Lands) to address the discovery of human remains, USACE will coordinate with any contractor(s) regarding any required scope of project modification necessary to implement recommendations from the consultation and facilitate proceeding with the Undertaking.