Treatment of Human Remains. A. The VDOT shall treat all human remains and gravesites in a manner consistent with 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. Human remains and associated funerary objects encountered during the course of actions taken as a result of this Agreement shall be treated in a manner consistent with the provisions of the Virginia Antiquities Act, § 10.1-2305 of the Code of Virginia and its implementing regulations, 17 VAC5-20, adopted by the Virginia Board of Historic Resources and published in the Virginia Register on July 15, 1991, and the Native American Xxxxxx Protection and Repatriation Act (25 U.S.C. 3001) and its implementing regulations, 36 CFR Part 10. In accordance with the regulations stated above, the VDOT may obtain a permit from the SHPO for the archaeological removal of human remains should removal be necessary.
C. In the event that the human remains encountered are likely to be of Native American origin, whether prehistoric or historic, the FHWA shall immediately notify any federally recognized Indian tribes with an interest in the area, and the VDOT shall immediately notify appropriate tribal leaders of Virginia Indian tribes. The FHWA and the VDOT shall determine the treatment of Native American human remains and associated funerary objects in consultation with the federal Indian tribes and appropriate tribal leaders of Virginia Indian tribes.
D. The VDOT shall make all reasonable efforts to ensure that the general public is excluded from viewing any Native American gravesites and associated funerary objects. The Signatories and Consulting Parties to this Agreement shall release no photographs of any Native American gravesites or associated funerary objects to the press or to the general public.
Treatment of Human Remains. If human remains, xxxxxx, or grave-associated artifacts are encountered during any archaeological investigations conducted under this PA, or during project construction, all work shall cease in the area of the encounter and PennDOT will ensure that the remains, xxxxxx, or grave-associated artifacts are secured and protected. PennDOT will immediately notify the Lead Federal Agency if remains, xxxxxx, or grave-associated artifacts are found on federal or Tribal lands, or within 24 hours of the discovery if found on non-federal or non-Tribal lands and commence consultation to evaluate applicability of Section 106 of the NHPA. If Section 106 might apply, the Lead Federal Agency, or PennDOT, will concurrently notify the SHPO and any federally recognized Tribes and Nations that may attach religious or cultural significance to the affected property. If historic burials or cemeteries are encountered, PennDOT will follow procedures consistent with 9 Pa.C.S. § 101 et seq. PennDOT will also take into account the requirements of the Native American Xxxxxx Protection and Repatriation Act (NAGPRA), any guidance provided by Tribes or Nations, guidance in the National Register Bulletin 41, Guidelines for Evaluating and Registering Cemeteries and Burial Places, and the 1993 Pennsylvania Historical and Museum Commission (PHMC) Policy for the Treatment of Burials and Human Remains. For human remains discovered or potentially affected on Federal lands, PennDOT will notify the Federal land managing agency and follow the requirements of the NAGPRA. No activities which might disturb or damage the remains, xxxxxx, or grave-associated artifacts, will be conducted until the Lead Federal Agency, in consultation with consulting parties and other appropriate parties, has determined an appropriate course of action. When Native American xxxxxx are discovered under this provision, the Lead Federal Agency will consult with the appropriate Tribe or Nation in determining an appropriate course of action.
Treatment of Human Remains. A. In the event of an inadvertent discovery of human remains, the BLM manager for the corresponding field office must be notified immediately by telephone and with written confirmation [43 CFR 10.4
(a) No additional disturbance may take place and all work in the area must cease immediately within a 300-foot radius of the discovery. The 300-foot radius must be secured and all personnel and equipment will be excluded from this area to the extent practicable and permitted by law until a determination is made of the next action. All human remains, burial sites, and funerary objects will be treated with dignity and respect.
B. The BLM shall notify the County Coroner’s Office of the county where the remains are located, requesting, if possible, the remains be examined in place. The Coroner has two working days to examine the remains after notification. The Coroner must determine if the remains are related to a crime scene or a recent burial. For human remains determined by the Coroner to be related to a crime scene or recent burial, the BLM will follow the protocols determined by the appropriate law enforcement agents for resolving such findings.
C. For inadvertent discoveries of human remains determined by the Coroner to not be related to a recent burial or crime scene, the BLM will be immediately notified of this determination. The BLM will be responsible for determining if the human remains are Native American. Inadvertent discoveries of human remains on federal lands determined to be Native American and any associated funerary objects shall be treated in accordance with the provisions of the Native American Xxxxxx Protection and Repatriation Act of 1990 (NAGPRA) and its implementing regulations at 43 CFR Part 10.
i. Pursuant to 43 CFR 10.4(d), the BLM, as soon as possible, but no later than 3 working days after receipt of written confirmation of notification of the inadvertent discovery, will:
a. Certify receipt of the notification [43 CFR 10.4(d)(1)(i)];
b. Take immediate steps to further secure and protect the human remains and associated objects [43 CFR 10.4(d)(1)(ii)];
c. Notify any lineal descendants or culturally affiliated Tribes by telephone with written confirmation [43 CFR 10.4(d)(1)(iii)];
d. Initiate consultation on the inadvertent discovery pursuant to 43 CFR 10.5 [43 CFR 10.4(d)(1)(iv)];
e. If any part of the discovery must be excavated or removed, follow the requirements and procedures outlined in 43 CFR 10.3(b) [43 CFR 10.4(d)(1)(v)]; and
f. ...
Treatment of Human Remains a) In the event that previously undiscovered burials including burial sites, human remains, or funerary items are discovered during a NRCS Louisiana undertaking on state or private land, the provisions of the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671-681 et. seq) will be implemented. Work must stop immediately within a minimum of 30 m from the discovery (30 m radius no work buffer) until and unless determined otherwise in consultation according to this agreement. The no work buffer zone will be secured and protected throughout the consultation process and beyond, if required.
b) The individual(s) that made the discovery must immediately contact the appropriate local law enforcement agency and Parish Coroner’s Office. If the individual(s) that made the discovery is an Archaeological Contractor, the Archaeological Contractor must also contact the NRCS Louisiana CRS to inform the CRS about the discovery. The NRCS Louisiana CRS will notify the State Archaeologist of the discovery as soon as possible but within 72 hours. Within 24 hours of notification, the State Archaeologist and the NRCS Louisiana CRS will notify the consulting Indian tribes that have indicated an interest in the area where the human remains were discovered.
c) If the Coroner determines that the human remains are not part of a crime scene and older than 50 years in age, the Louisiana Division of Archaeology has jurisdiction over the remains since they are located on state and/or private property. Should the burials, human remains, and/or funerary objects be determined to be Native American, NRCS Louisiana will provide information collected on the nature of the remains within five (5) days to the consulting Indian tribes/THPOs and the Louisiana SHPO. No human remains will be removed until jurisdiction is established, appropriate treatment plans developed in consultation, and the appropriate permits secured, if agreed upon.
Treatment of Human Remains. A. If human remains are encountered during archeological investigations or construction, Amtrak will require the contractor to immediately halt subsurface disturbance in that portion of the Project area and immediately secure and protect the human remains and any associated funerary objects in place in such a way that minimizes further exposure or damage to the remains from the elements, looting, and/or vandalism.
B. Amtrak will immediately notify the appropriate Police Department to determine if the discovery is subject to a criminal investigation by law enforcement, and notify the signatories within 24 hours of the initial discovery.
C. If a criminal investigation is not appropriate, Amtrak will apply and implement all relevant laws, procedures, policies, and guidelines contained in Stipulation IV.B concerning the treatment and repatriation of burial sites, human remains, and funerary objects.
D. In the event the human remains encountered could be of Native American origin, whether prehistoric or historic, FRA will immediately notify the appropriate federally recognized Native American tribes and the Maryland Commission on Indian Affairs (MCIA), and consult with them and MD SHPO to determine the treatment plan for the Native American human remains and any associated funerary objects.
E. If the remains are not of Native American origin, Amtrak will, as appropriate, develop a research design/treatment plan for the appropriate treatment of the remains and any associated artifacts, consistent with procedures and guidelines contained in Stipulation IV.B. and submit the design and plan for review and comment by the signatories and consulting parties following the steps described in Stipulation XI.
F. Amtrak will ensure the contractor will not proceed with work in the affected area until FRA, in consultation with MD SHPO and federally recognized Native American tribes, as appropriate, determines the development and implementation of an appropriate research design/treatment plan or other recommended mitigation measures are completed. However, work outside the area may continue.
Treatment of Human Remains. (Stipulation XV)
Treatment of Human Remains. 1. In Iowa, upon discovery of human remains during construction, including bone or other remains suspected to be human, work shall immediately cease in the area. If there is uncertainty as to whether remains are human, the RE shall contact the OSA Bioarcheology Program to make the determination (319-384-0732). The following steps are to be taken any time human remains are unearthed or other artifacts associated with mortuary features are found during the Undertaking construction in Iowa.
a. Appropriate steps shall be taken to secure the site. No additional ground disturbance shall occur within a 100-foot buffer zone around the remains. All elements exposed must be left in place. The RE shall notify officials with the IEDA, the OSA Bioarcheology Program (if not already notified), SHPO, and appropriate tribes within 24 hours via email, fax, or telephone. Law enforcement officials and the State Medical Examiner (SME) must also be notified in accordance with Section 523I.316 of the Iowa Code. The SME will coordinate with OSA to conduct osteological and archaeological documentation and establish the antiquity, ancestry, and cultural affiliation as possible of the human remains. If ancestry or culturally unidentifiable under NAGPRA (43 CFR Part 10.11) and therefore subject to reburial in consultation with the OSA Indian Advisory Council and the 26 tribes signing on to the SOI-approved Process for Reburial of Culturally Unidentifiable Native American Human Remains and Associated Funerary Objects Originating from Iowa.
b. If the human remains are determined or appear to be ancient (i.e., older than 150 years), the OSA Bioarcheology Program shall have jurisdiction to ensure that the appropriate procedures in accordance with Chapters 263B and 716.5 of Iowa Code are observed. The Iowa Department of Public Health has authority over human remains less than 150 years old per Iowa Code Chapters 113.34, 144.34, 523I.316, and 716.5.
c. If determined to be ancient and of Native American ancestry, representatives of the IEDA, OSA, SHPO and appropriate tribes and tribal nations will confer at the site, as is necessary, to examine the discovery, determine the likely Undertaking impacts if left in place, and determine the most appropriate avoidance, minimization, or mitigation measure(s) for dealing with the discovery.
d. If determined to be ancient and of European American ancestry, representatives of the IEDA, OSA, SHPO, and identifiable descendant community(ies) will confer ...
Treatment of Human Remains. A. If, in the course of the Undertakings, human remains are uncovered the Responsible Agencies shall direct their contractor to stop work immediately in the vicinity of the discovery.
B. The Responsible Agencies shall require that the ACHP’s 2007 “Policy Statement Regarding Burial Sites, Human Remains, and Funerary Objects” or any subsequent Policy Statements that are issued after the execution of this PA are considered.
C. If, at the time of discovery, human remains are located on federally owned land and are determined to be American Indian, the Responsible Federal Agency shall consult relevant federally recognized tribes within 3 days and shall develop and implement a plan for the appropriate treatment of those remains in accordance with the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et. seq. as appropriate). The plan shall include provisions for in-place preservation, excavation, and analysis, in accordance with a data recovery plan approved pursuant to this Agreement, and disposition of the remains as appropriate. The Responsible Federal Agency shall, in good faith, consult with the relevant parties in accordance with applicable law. If the remains are determined to be non-native, the Responsible Agencies shall follow the procedures outlined in Louisiana Unmarked Human Burial Sites Act (R.S. 8:671 et seq).
D. If, human remains are uncovered and not located on Federally owned land, the Responsible Agencies shall follow the procedures outlined in the Louisiana Unmarked Human Burial Sites Act (R.S. 8:671 et seq). Pursuant to the law the Responsible Agency shall notify the City Attorney’s Office, the New Orleans Police Department, and the Orleans Parish Coroner’s Office within 24 hours of the discovery. The local law enforcement officials shall assess the nature and age of the human remains. If the coroner determines that the human remains are older than 50 years of age and are not a crime scene, the Responsible Agency shall ensure that the notice of the discovery required by Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) is given to the Secretary of Culture, Recreation, and Tourism (CRT) or the Secretary’s designee by contacting the Louisiana Division of Archaeology at 225-342-8170 within 72 hours of the discovery. Following the notification, the Louisiana State Archaeologist, as the designee of the Secretary of CRT, will administer the remainder of the requirements of the law including but...
Treatment of Human Remains. A. If human remains are encountered during archaeological investigations or construction, the PANYNJ will require the contractor to immediately halt subsurface disturbance in that portion of the Project area and immediately secure and protect the human remains and any associated funerary objects in place in such a way that minimizes further exposure or damage to the remains from the elements, looting, or vandalism. A perimeter with a radius of at least 50 feet around human remains will also be established where there will be no excavation, operation of heavy machinery, or stockpiling.
B. The PANYNJ will immediately notify the local police department/Office of the Chief Medical Examiner (OCME) to determine if the discovery is subject to a criminal investigation by law enforcement and notify the Signatories within twenty-four (24) hours of the initial discovery.
C. If a criminal investigation is not appropriate, the PANYNJ will apply and implement all relevant laws, procedures, policies, and guidelines concerning the treatment and repatriation of burial sites, human remains, and funerary objects.
D. In the event the human remains encountered could be of Native American origin, whether associated with the precontact or historic periods, the FTA in coordination with PANYNJ will immediately notify the New York State Archaeologist, the Signatories and Concurring Parties, and Consulting Tribes to determine the treatment plan for the Native American human remains and any associated funerary objects.
E. If the remains are not of Native American origin, the PANYNJ will, as appropriate, develop a research design and a treatment plan for the appropriate treatment of the remains and any associated artifacts, consistent with procedures and guidelines contained in this PA and in consultation with the New York State Archaeologist.
F. The PANYNJ will ensure the Project contractor will not proceed with work in the affected area until FTA, in consultation with NYSHPO, the New York State Archaeologist, and Consulting Tribes, as appropriate, determines that the development and implementation of an appropriate research design/treatment plan or other recommended mitigation measures are completed. However, work in all other Project areas may continue.
Treatment of Human Remains. A. It is the intent of this Undertaking to avoid the disturbance or removal of any human remains. No activity will knowingly disturb human xxxxxx or human remains.
B. If human remains, sacred objects, or mortuary objects are inadvertently discovered during the course of construction or operation, all activities in the vicinity shall immediately cease and the Plan of Action (POA) for the treatment of human remains (Attachment A) shall be implemented.
C. The STB and ARRC shall ensure that any and all human remains, sacred objects, and objects of cultural patrimony discovered as a result of the Undertaking shall at all times be treated with dignity and respect.
