Reburial Clause Samples
Reburial. While USAG-HI is the lead entity with respect to activities associated with the reburial in the Fort DeRussy Reburial Cemetery at Kuroda Field, it has consulted meaningfully with the [Name NHO] and will take reasonable and appropriate steps to support and maintain the sanctity of the reburial. Only those representatives and workers designated by USAG-HI and the [Name of NHO] will be allowed to attend and/or participate in the reburial. The timing and scheduling of the events will be determined by USAG-HI in coordination with the [Name of NHO]. The Native Hawaiian remains and funerary objects shall be reburied in a manner as mutually agreed upon by USAG-HI and [Name of NHO]. If requested by the [Name of NHO], USAG-HI will install a grave liner, with the option of having openings to allow natural soil to mix with the reburied items as per the request of the [Name of NHO]. The [Name of NHO] agree that they will take the lead on ceremony, in accordance with their traditions, to include the giving of gifts to the ancestors being reburied, as appropriate. However, the [Name of NHO] agree that USAG-HI must determine that all aspects of the ceremony are in compliance with applicable Federal, State and Local laws, regulations and policies. To the extent permitted by applicable law, the Reburial Ceremony will be closed to the general public. Representatives for USAG-HI, the ▇▇▇▇ Koa Hotel, the U.S. Army Museum of Hawaii, Battery ▇▇▇▇▇▇▇▇, and [Name of NHO] shall be permitted to attend if mutually agreed upon by USAG-HI and the [Name of NHO]. To the extent reasonably practicable, the USAG-HI and the ▇▇▇▇ Koa Hotel will assist the [Name of NHO] in creating solitude for the ceremony and to minimize potential interference from visitors.
Reburial. A) Following identification, all human remains shall be immediately reburied in a place that will not be disturbed by subsequent or foreseeable land development or natural erosion.
B) Where identification procedures have:
(i) not traced the found human remains to a particular cultural group,
(ii) no cultural group expresses an interest, the found human remains will be reburied in a location determined by the Province.
C) Where it can be established that the found human remains can be clearly traced to an existing cultural group, an appropriate organization representing that group will be consulted regarding reinterment in a recognized cemetery. This Schedule outlines the criteria and processes for determining what are “Aboriginal human remains that are not required for forensic purposes” for the purpose of the “Protocol for the Protection of Heritage Resources and Aboriginal Human Remains Related to the Wuskwatim Generating Project”. This process is to be interpreted in a manner consistent with The Heritage Resources Act and Manitoba’s Policy Concerning the Reporting, Exhumation, and Reburial of Found Human Remains (1987) (the Burials Policy) to ensure any contemplated transfer of ownership is consistent with the definitions found within provincial legislation and policy. Found human remains are not required for forensic purposes where those human remains are not subject to any requirements of the criminal law or other laws, including, but not limited to The Fatality Inquiries Act, that relate to examination of human remains for forensic purposes. Human remains are Aboriginal human remains where they are: • situated in a recognized burial ground which is recognized to be Aboriginal; or • situated or discovered outside a recognized cemetery or burial ground in respect of which there is some manner of identifying the persons buried within and by which identification of the remains or archaeological examination of the original context of burials, or both, are determined to be Aboriginal; or • by which identification of the remains or archaeological examination of the original context of burial, or both, are determined to be of an antiquity or nature so as to pre-date the presence of non-Aboriginal persons.
Reburial a. USAG-HI has committed to accepting requests for reburial repatriated NAGPRA cultural items from Fort DeRussy at the designated cemetery on Kuroda Field established in 2019.
b. The NHO Participant(s) designated custody may submit a completed Reburial Agreement (See Appendix C) which shall include an inventory list of Native Hawaiian cultural items to be reburied. The NHO Participants are under no obligation to rebury all cultural items repatriated.
c. USAG-HI shall work with the NHO Participants to ensure continued allowance and considerations for cultural protocols.
d. USAG-HI shall develop the reburial method in consultation with the NHO Participants prior to the first reburial event to be used for future reburials. NHO Participants have discussed both above and below ground crypts with varying security and future access concerns, as well as individual burials.
e. Reburial may occur at the designated cemetery following the completion of a Reburial Agreement.
Reburial. Through consultation among the Forest Service and the interested Tribal Nation(s), a determination of cultural affiliation of the human remains shall be made as part of the Plan of Action development. After NAGPRA disposition is determined, the Forest Service will continue consultation to determine a reburial site both available and appropriate with the affiliated Tribal Nation(s). The affiliated Tribal Nation(s) shall be able to visit any proposed reburial sites with Forest Service staff as part of this consultation.
1. The HNF will host consultations regarding the selection of a reburial site location and shall be prepared to discuss the following elements of stewardship:
a. Providing access to the reburial area for affiliated Tribal Nation(s) and other procedures specific to the locality;
b. Restrictions, if any, relating to the reburial area, including but not limited to restrictions relating to proposed changes from current land use in the reburial area, maintenance restrictions, and restrictions regarding the marking of grave sites;
c. Security of the reburial area;
d. Supporting long-term coordination with the affiliated Tribal Nation(s), including affording opportunities to conduct religious ceremonies for the deceased ancestor(s) at the reburial location; and
e. Development of a confidentiality agreement that shall stipulate the location of the reburial will not be disclosed to the public, and shall only be disclosed to those Forest Service employees who have a need to know.
2. When determining specific reburial locations to present as options to the affiliated Tribal Nation(s), the following Reburial Area Criteria shall be considered:
a. Proximity to original burial/disinterment area
▇. ▇▇▇▇▇ susceptibility and location above the 100- year flood plain
c. Ease of digging for reburial
d. Restrictions on public access
e. Current land use, no anticipated change in current use, and not immediately adjacent to property boundary or easement
f. Access potential
g. Adequate land area to accommodate anticipated burials
h. View shed
i. Proximity to areas with a history of looting
3. The Forest Service shall provide the affiliated Tribal Nation(s) with written documentation of the potential reburial sites determined as a result of Section III.C.2, above. The documentation is to include:
a. Map of the area
b. Size of the area
c. Normal flood plain elevation and flood risk