Common use of Treatment of Human Remains Clause in Contracts

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. Ensure that disposition of all inadvertently discovered human remains, funerary objects, sacred objects, or objects of cultural patrimony is carried out following 43 CFR 10.5 [43 CFR 10.4(d)(1)(vi)]. D. Once it has been determined the remains are not recent and subject to the authority of the County Coroner and are Native American, and if the identified human remains could be adversely affected by the proposed work, the BLM will re-design the proposed activity to the extent practicable and permitted by law to avoid any further adverse effect on the discovery. X. Xxxxxxxx to 43 CFR 10.4(d)(2), the activity that resulted in the inadvertent discovery may resume 30 days after the BLM certifies receipt of the written confirmation of notification of inadvertent discovery, if the resumption of the activity is otherwise lawful. The activity may also resume, if otherwise lawful, at any time that a written, binding agreement is executed between the Federal agency and the affiliated Indian tribe(s) that adopt a plan for the treatment of the human remains, funerary objects, sacred objects, or objects of cultural patrimony following 43 CFR10.3 (b)(1). F. The BLM will ensure that any archaeological excavation that is allowable under this Agreement through a specific Historic Property Management Plan will be consistent with the regulations pertaining to intentional archaeological excavations pursuant to 43 CFR 10.3.

Treatment of Human Remains. A. In the event of an inadvertent discovery of that human remains, the BLM manager for the corresponding field office must remains or objects that would otherwise be notified immediately by telephone considered associated 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 unassociated 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 pursuant 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 10are discovered during cultural resources investigations, maintenance, construction, or any other ground- disturbing activities, they will be handled in accordance with Arkansas Burial Law (Act 753 of 1991, as amended). i. Pursuant to 43 CFR 10.4(d)A. Should human remains be encountered, the BLM, as soon as possible, but no later than 3 working days after receipt of written confirmation of notification work within a two hundred (200)-foot radius of the inadvertent discovery, will:discovery will cease immediately and the location will be secured and protected from damage and disturbance. The discovery location will immediately flag or fence off and measures taken to ensure site security. The human remains shall be covered with canvas tarp. No human remains or materials associated with the remains will be collected or removed until appropriate consultation has taken place and a plan of action has been developed. a. Certify receipt B. ARDOT Qualified Staff will inspect the work site and determine the extent of the notification [43 CFR 10.4(d)(1)(i)]; b. Take immediate steps to further secure affected human remains and protect ensure that construction activities have halted within the buffer area. At this time, ARDOT Qualified Staff will determine if the established buffer is appropriate for avoidance of 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 may increase the buffer based on the inadvertent discovery pursuant to 43 CFR 10.5 [43 CFR 10.4(d)(1)(iv)]; e. If any part nature 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. Ensure that disposition of all inadvertently discovered human remains, funerary objects, sacred objects, or objects of cultural patrimony is carried out following 43 CFR 10.5 [43 CFR 10.4(d)(1)(vi)]. D. Once it has been determined the remains are not recent and subject to the authority of the County Coroner and are Native American, and if the identified human remains could be adversely affected by the proposed work, the BLM will re-design the proposed activity to the extent practicable and permitted by law to avoid any further adverse effect on the discovery. X. Xxxxxxxx to 43 CFR 10.4(d)(2), C. ARDOT shall immediately notify the activity that resulted in the inadvertent discovery may resume 30 days after the BLM certifies receipt office of the written confirmation of notification of inadvertent discoveryChief Medical Examiner, if SHPO, and FHWA. The medical examiner will make the resumption official ruling on the nature of the activity is otherwise lawful. The activity may also resumeremains, if otherwise lawfulbeing either forensic or unevaluated resources. D. If human remains are determined to be Native American, at any time that a written, binding agreement is executed between the Federal agency and the affiliated Indian tribe(s) that adopt a plan for their avoidance or recovery shall be generated in consultation with SHPO, the treatment of Osage Nation and other consulting Tribes, FHWA, and ARDOT. The preferred plan shall be avoidance. If no feasible avoidance plan can be developed to allow the human remainsremains and/or funerary objects to stay in place, funerary objectsin consultation with interested Tribes and SHPO, sacred objectsARDOT will engage in the development of a site-specific disinterment/re-interment plan. Teleconferences may be held with the consulting parties to discuss options and recommendations. ARDOT Qualified Staff may reduce or increase the buffer after discussion with the appropriate consulting parties. No photo documentation shall be done without permission from the Tribes. Upon request, or objects the consulting parties shall be allowed to visit the site with ARDOT Qualified Staff. E. If human remains are determined to be non-Native American, consultation with SHPO and other appropriate parties will be required to determine a plan of cultural patrimony following 43 CFR10.3 (b)(1)action. F. The BLM ARDOT will ensure that any archaeological excavation that is allowable communicate the procedures to be observed under this Agreement through a specific Historic Property Management Plan will be consistent Stipulation to all consultants and employees along with the regulations pertaining to intentional archaeological excavations pursuant to 43 CFR 10.3penalties stipulated by NAGPRA when on federal or tribal lands or the Arkansas Burial Law when on state or private lands.

Treatment of Human Remains. A. In the event of an inadvertent discovery of human remainsremains on federal lands, the BLM manager for Forest Service (as lead Federal Agency) and the corresponding field office appropriate Federal Agency (if on non-Forest federal lands) must be notified immediately by telephone and with written confirmation [43 CFR 10.4 10.4(a)]. Notification will be made to the Forest Supervisor (a) in the case of Forest Service), or Field Manager (in the case of BLM), or equivalent. No additional disturbance may take place and all work in the area must cease immediately within a 300-100- foot radius of the discovery. The 300100-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 Federal Agency 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 Agency 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 Agency will be immediately notified of this determination. The BLM Agency 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, the Agency Official 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 00 XXX 00.0 [43 CFR 00 XXX 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. Ensure that disposition of all inadvertently discovered human remains, funerary objects, sacred objects, or objects of cultural patrimony is carried out following 43 CFR 10.5 00 XXX 00.0 [43 CFR 00 XXX 10.4(d)(1)(vi)]. D. Once it has been determined the remains are not recent and subject to the authority of the County Coroner and are Native American, and if the identified human remains could be adversely affected disturbed by the proposed work, the BLM SDG&E, in consultation with the Forest Service (as lead Federal Agency) will re-design the proposed activity to the extent practicable and permitted by law to avoid any further adverse effect on the discoverydisturbance. X. Xxxxxxxx E. Pursuant to 43 CFR 10.4(d)(2), the activity that resulted in the inadvertent discovery may resume 30 days after the BLM Forest certifies receipt of the written confirmation of notification of inadvertent discovery, if the resumption of the activity is otherwise lawful. The activity may also resume, if otherwise lawful, at any time that a written, binding agreement is executed between the Federal agency and the affiliated Indian tribe(s) that adopt a plan for the treatment of the human remains, funerary objects, sacred objects, or objects of cultural patrimony following 43 CFR10.3 (b)(1). F. The BLM will If human remains are discovered on non-federal lands, the California Public Utilities Commission (CPUC) shall ensure that any archaeological excavation that is allowable under this Agreement through a specific Historic Property Management Plan the human remains will be consistent treated in accordance with California Health and Safety Code Section 7050.5 and any other applicable state law. No construction activities will be allowed within 100 feet of the regulations pertaining discovery until a Notice to intentional archaeological excavations pursuant to 43 CFR 10.3Proceed is provided by the CPUC.

Treatment of Human Remains. A. In the event of an inadvertent discovery of that human remains, the BLM manager for the corresponding field office must remains or objects that would otherwise be notified immediately by telephone considered associated 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 unassociated 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 pursuant 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 10are discovered during cultural resources investigations, maintenance, construction, or any other ground- disturbing activities, they will be handled in accordance with Arkansas Burial Law (Act 753 of 1991, as amended). i. Pursuant to 43 CFR 10.4(d)A. Should human remains be encountered, the BLM, as soon as possible, but no later than 3 working days after receipt of written confirmation of notification work within a two hundred (200)-foot radius of the inadvertent discovery, will:discovery will cease immediately and the location will be secured and protected from damage and disturbance. The discovery location will immediately flag or fence off and measures taken to ensure site security. The human remains shall be covered with canvas tarp. No human remains or materials associated with the remains will be collected or removed until appropriate consultation has taken place and a plan of action has been developed. Draft November 2020 a. Certify receipt B. ARDOT Qualified Staff will inspect the work site and determine the extent of the notification [43 CFR 10.4(d)(1)(i)]; b. Take immediate steps to further secure affected human remains and protect ensure that construction activities have halted within the buffer area. At this time, ARDOT Qualified Staff will determine if the established buffer is appropriate for avoidance of 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 may increase the buffer based on the inadvertent discovery pursuant to 43 CFR 10.5 [43 CFR 10.4(d)(1)(iv)]; e. If any part nature 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. Ensure that disposition of all inadvertently discovered human remains, funerary objects, sacred objects, or objects of cultural patrimony is carried out following 43 CFR 10.5 [43 CFR 10.4(d)(1)(vi)]. D. Once it has been determined the remains are not recent and subject to the authority of the County Coroner and are Native American, and if the identified human remains could be adversely affected by the proposed work, the BLM will re-design the proposed activity to the extent practicable and permitted by law to avoid any further adverse effect on the discovery. X. Xxxxxxxx to 43 CFR 10.4(d)(2), C. ARDOT shall immediately notify the activity that resulted in the inadvertent discovery may resume 30 days after the BLM certifies receipt office of the written confirmation of notification of inadvertent discoveryChief Medical Examiner, if SHPO, and FHWA. The medical examiner will make the resumption official ruling on the nature of the activity is otherwise lawful. The activity may also resumeremains, if otherwise lawfulbeing either forensic or unevaluated resources. D. If human remains are determined to be Native American, at any time that a written, binding agreement is executed between the Federal agency and the affiliated Indian tribe(s) that adopt a plan for their avoidance or recovery shall be generated in consultation with SHPO, the treatment of Osage Nation and other consulting Tribes, FHWA, and ARDOT. The preferred plan shall be avoidance. If no feasible avoidance plan can be developed to allow the human remainsremains and/or funerary objects to stay in place, funerary objectsin consultation with interested Tribes and SHPO, sacred objectsARDOT will engage in the development of a site-specific disinterment/re-interment plan. Teleconferences may be held with the consulting parties to discuss options and recommendations. ARDOT Qualified Staff may reduce or increase the buffer after discussion with the appropriate consulting parties. No photo documentation shall be done without permission from the Tribes. Upon request, or objects the consulting parties shall be allowed to visit the site with ARDOT Qualified Staff. E. If human remains are determined to be non-Native American, consultation with SHPO and other appropriate parties will be required to determine a plan of cultural patrimony following 43 CFR10.3 (b)(1)action. F. The BLM ARDOT will ensure that any archaeological excavation that is allowable communicate the procedures to be observed under this Agreement through a specific Historic Property Management Plan will be consistent Stipulation to all consultants and employees along with the regulations pertaining to intentional archaeological excavations pursuant to 43 CFR 10.3penalties stipulated by NAGPRA when on federal or tribal lands or the Arkansas Burial Law when on state or private lands.