Specific Authorities and Processes for Addressing Human Remains Sample Clauses
This clause defines the designated authorities and procedures to be followed when human remains are discovered during a project or activity. It typically outlines which parties must be notified, the steps for securing the site, and the process for involving relevant governmental or cultural organizations. By establishing clear responsibilities and protocols, the clause ensures respectful and lawful handling of human remains, preventing delays and legal complications.
Specific Authorities and Processes for Addressing Human Remains. If human remains, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony are encountered during project field investigations or laboratory work or during construction activities, the USACE will comply with the provisions based on the nature of the land ownership at the time remains or objects are encountered, in accordance with Engineering Regulation ▇▇▇▇-▇-▇▇▇ (Policy & Guidance), Appendix C-4.
1. Federal Lands: If discovered/recovered from Federal lands, USACE shall concurrently implement processes defined in this Agreement, satisfying NHPA, as well as • ensuring consultation with appropriate Federally-recognized Tribes for any human remains, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony (objects) as required by the Native American ▇▇▇▇▇▇ Protection and Repatriation Act of 1990 (NAGPRA), as amended (25 U.S.C. §§ 3001-3014) and its implementing regulations (43 C.F.R. Part 10; and • ensuring the appropriate provisions of the Archaeological Resources Protection Act, 16 USC §§ 470aa et seq., are followed.
a. For discoveries of human remains, burials, funerary objects, Native American sacred objects, or Native American objects of cultural patrimony, USACE will continue to consult with the SHPO of jurisdiction, claimant Federally-recognized Tribes, and other affected parties, as appropriate, whether they are Signatories to this Agreement or not, regarding additional measures to avoid and protect or mitigate the adverse effect of the Undertaking. These measures may include:
i. Visits to the site by the SHPO of jurisdiction, claimant Federally- recognized Tribes, and other affected parties, as appropriate;
ii. Formally evaluate the archaeological site for NRHP-eligibility;
iii. Explore potential avoidance alternatives;
iv. Develop and implement a mitigation plan in consultation and concurrence with the SHPO of jurisdiction, claimant Federally-recognized Tribes, and other affected parties, as appropriate, including procedures for disinterment and re-interment.
b. Initial Determination of nature of discovered Human Remains when from Federal Lands (Native American or Other)
i. USACE, in consultation with the SHPO of jurisdiction and claimant Federally- recognized Tribes, whether they are Signatories to this Agreement or not, and other affected parties, may consult with a qualified physical anthropologist, forensic scientist, or other experts as may be needed to examine ...