IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. In the event that human remains are identified prior to, during, or after project construction, that portion of the project will stop immediately. The remains will be respectfully covered, and the Resident Engineer will immediately contact the local police and the Office of the Chief Medical Examiner. VTrans will also notify FHWA, SHPO, and the State Archaeologist. VTrans will develop a treatment plan in consultation with FHWA and SHPO. If it is determined that the human remains are associated with a Native American occupation, VTrans and FHWA will consult with the Tribes prior to the development or execution of a treatment plan.
B. When applicable, FHWA will follow the principles within the ACHP's Policy Statement on Burial Sites, Human Remains, and Funerary Objects, dated March 1, 2023.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. In the event that human remains are identified prior to, during, or after an undertaking’s construction, NCDOT shall develop a treatment plan in consultation with FHWA, USACE, and SHPO. If it is determined that the human remains are associated with a Native American occupation, FHWA, USACE, and NCDOT shall consult with the tribes prior to the development or execution of a treatment plan.
B. All work conducted on human remains and abandoned cemeteries shall comply with NCGS Chapters 65 and 70.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. All work conducted on burial sites will comply with Wisconsin State Statute 157.70, Historical Society Administrative Code 2, NAGPRA, and ARPA where applicable.
B. In the event that human remains are identified prior to, during, or after construction of the undertaking, WisDOT will comply with FDM Chapter 26-25 and develop a treatment plan in consultation with the Lead Federal Agency and the SHPO/THPO within 48 hours or a timeline agreed upon during consultation. If it is determined that the human remains are associated with historic property of religious or cultural significance to Tribes, WisDOT and the Lead Federal Agency will consult with the Tribes and will follow the agreed upon Inadvertent Discovery Protocol for human remains in Attachment 2.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. In the event that human remains are identified prior to, during, or after project construction, that portion of the project will stop immediately. The remains will be respectfully covered, and the Resident Engineer will immediately contact the local police and the Office of the Chief Medical Examiner. VTrans will also notify FHWA, SHPO, and the State Archaeologist. VTrans will develop a treatment plan in consultation with FHWA and SHPO. If it is determined that the human remains are associated with a Native American occupation, VTrans and FHWA will consult with the Tribes prior to the development or execution of a treatment plan.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. All actions involving human remains are subject to applicable federal and state burial laws and ordinances, including the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) when on federal lands.
B. In the event of an inadvertent discovery of human remains or funerary objects on state or private land, the procedures outlined in NYSDOT’s Inadvertent Discovery of Human Remains guidance (Appendix H) will be followed.
C. Many of the Nations located in or having interests in New York State have their own protocols for the unexpected discovery of human remains. NYSDOT will make every effort to comply with the applicable Nation protocols in addition to those in Appendix H. If there is more than one applicable Nation protocol, FHWA shall consult with the Nations and determine which protocol to follow.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. In the event that human remains are identified prior to, during, or after project construction, DDOT will develop a treatment plan in consultation with FHWA and SHPO. If it is determined that the human remains are associated with a Native American occupation, DDOT and FHWA will consult with the Tribes prior to the development or execution of a treatment plan.
B. Should human remains be encountered during any activity covered by this Agreement:
1. DDOT shall immediately halt work in the vicinity and implement measures to protect the human remains from inclement weather and vandalism, and notify the Metropolitan Police Department (MPD), and the District of Columbia Office of the Chief Medical Examiner (OCME) of the discovery, as well as SHPO and FHWA. MPD and OCME will complete their obligations under Statute §5-1406 of the District of Columbia Code.
2. If MPD and OCME determine that the human remains are not subject to a criminal investigation by local or federal authorities, DDOT and FHWA shall prepare a treatment plan in consultation with the SHPO and shall comply with all applicable federal and District of Columbia laws and regulations governing the discovery and disposition of human remains and consider ACHP’s 2007 Policy Statement Regarding Treatment of Burial Sites, Human Remains, and Funerary Objects, available at xxxxx://xxx.xxxx.xxx/sites/default/files/policies/2018- 06/ACHPPolicyStatementRegardingTreatmentofBurialSitesHumanRemai nsandFuneraryObjects0207.pdf. If the human remains are potentially Native American, then DDOT and FHWA shall follow agency guidance on the Native American Xxxxxx and Repatriation Act (NAGPRA) and continue to consult with SHPO.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. All undertakings involving human remains are subject to applicable federal and state burial laws and ordinances, including the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) when on federal lands and South Dakota Codified Law (SDCL 34:27:21- 31) when on state or private lands. In the event of an inadvertent discovery of human remains or funerary objects on state or private land, the procedures outlined in SDDOT’s Inadvertent Discovery of Human Remains guidance (Attachment 2) will be followed.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. In the event that human remains are identified prior to, during, or after WSDOT project construction, WSDOT shall develop a treatment plan in consultation with the appropriate Lead Federal Agency and the SHPO. If it is determined that the human remains are Native American, WSDOT and the appropriate Lead Federal Agency shall consult with the Tribes prior to the development of a treatment plan.
B. In the event that human remains are identified prior to, during, or after WFLHD project construction, WFLHD shall develop a treatment plan in consultation with the SHPO. If it is determined that the human remains are Native American, WFLHD shall consult with the Tribes prior to the development of a treatment plan.
C. All work conducted on or involving human remains and abandoned cemeteries shall comply with Chapter 27.44 Revised Code of Washington, if on the public or private lands of the State of Washington.
D. All work involving human remains and abandoned cemeteries on federal lands shall comply with the Native American Xxxxxx Protection and Repatriation Act (25 U.S.C. Ch. 32 § 3001 et seq).
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. A. In the event that human remains are identified prior to, during, or after project construction, MDOT will develop a treatment plan in consultation with FHWA and the SHPO. If it is determined that the human remains are Native American, MDOT and FHWA will consult with the Tribes prior to the development or execution of a project- specific treatment plan or follow the Inadvertent Finds of Human Remains process in Attachment B. Further, if there are questions about whether the human remains are Native American, FHWA and MDOT must consult with the Tribes and the SHPO and obtain their input on that determination.
B. All work conducted on human remains and abandoned cemeteries will comply with MCL 750.160, MCL 333.2853, MCL 324.76102, and Michigan Administrative Code R. 325.8051-2 1982 AACS regarding burials. In addition, the treatment of Native American Ancestors and Funerary Objects will be consistent with and follow the Protocol for Respectful Treatment of Native American Ancestors and Associated Funerary Objects in Attachment B.
IDENTIFICATION AND TREATMENT OF HUMAN REMAINS. 3 A. If PRHTA has reason to believe that human remains may be encountered during 4 construction, PRHTA will prepare a treatment plan and submit the plan to the 5 applicable Lead Federal Agency and SHPO for review and comment. The review 6 parties will have thirty (30) calendar days of receipt to provide their comments on 7 the treatment plan 8
9 B. If human remains are discovered during construction, and no treatment plan is in 10 effect, PRHTA will ensure that the construction contractor immediately ceases all 11 ground-disturbing activity in the immediate area of the discovery and secures the 12 discovery location from further disturbance. At the same time, PRHTA will notify 13 SHPO and the applicable Lead Federal Agency of the discovery. 14
15 1. A qualified professional will inspect the human remains within 48 hours of the 16 discovery. Within 48 hours of the inspection, PRHTA will document in a 17 letter report, to the extent possible, the age and nature of the human remains 18 and provide recommendations on the treatment of the human remains, and 19 will submit the letter report to SHPO and the applicable Lead Federal Agency 20 for comment. 21
22 2. SHPO and the applicable Lead Federal Agency will have 72 hours to provide 23 comments on the letter report and recommended treatment measures. Should 24 either SHPO or the applicable Lead Federal Agency not respond to PRHTA 25 within the 72-hour comment period, PRHTA will assume the agency has no 26 objection to its treatment recommendations and will proceed accordingly. 27
28 3. If SHPO and the applicable Lead Federal Agency respond within the 72-hour 29 comment period, and agree to the proposed treatment measures, PRHTA will 30 implement the treatment measures, and will prepare a letter report on the 31 completed treatment measures for SHPO and applicable Lead Federal 32 Agency. The applicable Lead Federal agency will authorize the construction 33 contractor to resume construction once the treatment measures are completed. 34
35 4. If there is a dispute among PRHTA, SHPO and the applicable Lead Federal 36 Agency regarding the treatment of the human remains, the applicable Lead 37 Federal Agency will resolve the dispute in accordance with Stipulation XIV. 38
