Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 14
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45II - 8
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
C. Native American Graves Protection and Repatriation Act.
BLM managers are required to consult with tribes under the Native American Graves
Protection and Repatriation Act (NAGPRA) to determine affiliation and disposition of the
specific kinds of "cultural items" defined in the Act: Native American human remains,
funerary objects, sacred objects, and objects of cultural patrimony.
Sec. 3(c) and (d) of the Native American Graves Protection
and Repatriation Act (NAGPRA)–
• Require the responsible Federal agency to consult with the
affected Indian tribe before issuing a permit to excavate or
remove Indian human remains and associated funerary
objects from public land.
• Require the responsible Federal agency to safeguard Indian
human remains and/or funerary objects discovered during an
authorized land use, and to halt the land use for as much as
30 days.
_______________
Regulations at 43 CFR 10.4(d)(iv) and .5(b) direct the responsible Federal
agency official to consult according to procedures set out in the regulations.
F
. 5. Provisions of Section 3(c) and (d) of the Native American
IG
Graves Protection and Repatriation Act.
1. Intentional removal of human remains and/or funerary objects. A Cultural
Resource Use Permit (see Manual Section 8150) or equivalent documentation is required
before human remains and artifacts covered by NAGPRA may be intentionally excavated
or removed from Federal lands (see section B). The responsible manager must consult with
appropriate Indian tribes or individuals prior to authorizing the intentional removal of
Native American human remains and funerary objects found with them. This consultation
should follow procedures in 43 CFR 10.3, Appendix 1 of this Manual Handbook, and
Manual Section 8150. Documentation to show that required consultation has occurred must
be included in the decision record, including the responsible manager's choice of field
excavation and analysis methods. The Native Americans consulted are notified of the
outcome and basis for the recovery plan.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
ADVERTISEMENT
0 votes
Related Articles
Related forms
Form 3830-3 - Notice Of Intent To Locate A Lode Or Placer Mining Claim(s) And/or A Tunnel Site - United States Department Of The Interior - Bureau Of Land Management - 2016
Legal
Form 1221-2 - Manual Transmittal Sheet - United States Department Of The Interior Bureau Of Land Management
Legal
San Juan Islands National Monument Resource Advisory Committee Application - Bureau Of Land Management
Legal
Related Categories
Parent category: Legal