Human Remains. In the case of the discovery of human remains, Seller shall, at Seller’s sole expense and in addition to the duties set forth in this section, cause to be prepared and executed a mitigation plan acceptable to Company and to Governmental Authorities possessing jurisdiction over such matters. Seller shall also be responsible to obtain written verification that the mitigation plan has been successfully implemented.
Human Remains a. Dominion shall make all reasonable efforts to avoid disturbing gravesites, including those containing Native American human remains and associated funerary artifacts. Dominion shall treat all human remains in a manner consistent with applicable Federal and state law [and to the extent such laws do not apply, the ACHP’s Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects (February 23, 2007; xxxx://xxx.xxxx.xxx/docs/hrpolicy0207.pdf)].
b. Dominion shall ensure that human skeletal remains and associated funerary objects encountered during the course of actions taken as a result of this MOA shall be treated in accordance with the Regulations Governing Permits for the Archaeological Removal of Human Remains (Virginia Register 390-01-02) found in the Code of Virginia (10.1-2305, et seq., Virginia Antiquities Act). If removal is proposed, Dominion shall apply for a permit from the SHPO for the removal of human remains in accordance with the regulations stated above.
c. Dominion shall make a good faith effort to ensure that the general public is excluded from viewing any Native American burial site or associated funerary artifacts. The consulting parties to this MOA shall make no photographs of any Native American burial site or associated funerary artifacts. The Corps shall notify the appropriate Federally-recognized Tribe(s) and/or appropriate tribal leaders when Native American burials, human skeletal remains, or funerary artifacts are encountered on the Project, prior to any analysis or recovery of remains or associated artifacts, and implement appropriate measures based on these consultations. Dominion shall deliver any Native American human skeletal remains and associated funerary artifacts recovered pursuant to this MOA to the appropriate tribe to be reinterred. The disposition of any other human skeletal remains and associated funerary artifacts shall be governed as specified in any permit issued by the SHPO or any order of the local court authorizing their removal. Dominion will be responsible for all reasonable costs associated with treatment of human remains and associated funerary objects.
Human Remains a) The NRC, BLM, and Powertech recognize human remains, funerary objects, sacred objects, and items of cultural patrimony encountered during ground disturbance activities should be treated with dignity and respect.
b) Native American human remains, funerary objects, sacred objects, or items of cultural patrimony found on BLM land will be handled according to Section 3 of the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) and its implementing regulations (43 CFR § 10). BLM will be responsible for compliance with the provisions of NAGPRA on Federal land.
c) Native American human remains, funerary objects, sacred objects, or items of cultural patrimony found on state or private land will be handled in accordance with applicable law as described in Appendix D – Treatment of Human Remains on State, Private, and BLM Land.
d) Non-Native American human remains found on federal, state, or private land will also be treated in accordance with applicable state law.
Human Remains. The Service Provider’s supervisory agent at the site must be aware of the correct procedures to be followed if human remains are found in the course of normal cleaning operations. This includes corpses, body parts, infant corpses, etc. The SA Police Service must be notified immediately, and work must be suspended until a Police Officer has viewed the situation and given appropriate instructions.
Human Remains. A. Notification and Treatment
1. If human remains are inadvertently discovered during construction activities, all construction will cease within 100 feet in all directions of human remains and the Authority will immediately notify the appropriate parties in accordance with the project specific Treatment Plan. Human remains and grave goods will be treated in accordance with the Treatment Plan.
2. Federal agencies party to this Agreement will be responsible for curation of all records and other archaeological items resulting from identification and data recovery efforts on Federal lands within the agency’s jurisdiction. This includes ensuring that the disposition of any human remains and associated funerary objects of Native American origin encountered on federal land during any action subject to this Agreement complies with § 3(c)(d) of the Native American Xxxxxx Protection and Repatriation Act and its implementing regulations codified at 43 CFR Part 10.
3. Any human remains and funerary objects discovered on non-federal land during the implementation of the terms of this Agreement and during the implementation of the undertaking itself will be treated by the Authority, in accordance with the requirements of § 7050.5(b) of the California Health and Safety Code. If, pursuant to § 7050.5(c) of the California Health and Safety Code, the county coroner/medical examiner determines that the human remains are or may be of Native American origin, the discovery shall be treated in accordance with the provisions of §§ 5097.98 (a) - (d) of the California Public Resources Code. The Authority will ensure that to the extent permitted by applicable law and regulation, the views of the Most Likely Descendant(s) are taken into consideration when the Authority makes decisions about the disposition of Native American human remains and funerary objects, and will further ensure the respectful treatment of each such set of remains and funerary objects.
Human Remains. Treatment and disposition of any human remains that may be discovered will be managed in a manner consistent with the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (Public Law 101-601; 25 U.S. Code 3001 et seq.), the Advisory Council on Historic Preservation’s Policy Statement Regarding Treatment of Burial Sites, Human Remains, and Funeral Objects; and the Burial Desecration Law-Oklahoma Statute Chapter 47 (Section 1168.0-1168.
Human Remains. (a) Should inadvertent effects to or unanticipated discoveries of human remains be made on Region 5’s lands, the County Coroner (California Health and Safety Code 7050.5(b)) or Sheriff if ex officio Coroner (Nevada Revised Statutes 259) shall be notified immediately. If the remains are determined to be Native American or if Native American (Indian) cultural items pursuant to NAGPRA are uncovered, the provisions of NAGPRA and its regulations at 43 CFR 10 and ARPA at 43 CFR 7 shall be followed on federal lands.
(b) If such remains or items are discovered off federal lands within California, for projects authorized by the Forest Service (see Stipulation 1.4), the provisions of the California Native American Xxxxxx Protection and Repatriation Act (California Health and Safety Code 8010-8030, and California Public Resources Code 5097.98-99) shall be followed.
(c) If Indian burials are discovered off federal lands within Nevada, for projects authorized by the Forest Service (see Stipulation 1.4), the provisions of Nevada’s Protection of Indian Burial Sites (Nevada Revised Statutes 383.150-190) shall be followed.
(d) For undertakings on federal lands, the provisions of a Written Plan of Action (43 CFR Part 10.5(e)) or Comprehensive Plan (43 CFR Part 10.5(f)) governing the intentional or inadvertent discovery of human remains and cultural items described in NAGPRA shall be followed in lieu of the above procedures.
Human Remains. In the case of an unanticipated discovery of human remains or burials during construction activities, the IDOT shall halt construction, secure the area, and follow the provisions of the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440, 17 IAC 4170).
Human Remains. If human remains are discovered during the investigations covered by this MOA, the provisions of the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440, 17 IAC 4170) and its rules (the Act), will be followed. No excavation of human remains will be performed except under the direction of a Certified Skeletal Analyst (17 IAC 4170.300(f)). Disposition of the remains and associated artifacts will be accomplished as determined under the Act. If the remains are determined to be Native American, the provisions of the Memorandum of Understanding regarding Tribal Consultation Requirements for the Illinois Federal Transportation Program, effective September 19, 2011, will be followed, and Tribes with an interest in Xxxxx and Xxxx Counties will be consulted.
Human Remains. If any human remains and/or grave-associated artifacts are encountered during data recovery, the New York District, the NJHPO, the Council, the Delaware Nation and the Delaware Tribe of Indians, shall consult to develop a treatment plan for human remains that is responsive to the Council's "Policy Statement on Human Remains" (September 27, 1988), the Native American Grave Protection and Repatriation Act (PL 101-601) and, U.S. Army Corps of Engineers, Policy Guidance Letter No. 57, (1998) Indian Sovereignty and Government-to-Government Relations With Indian Tribes.