Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 15
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
2. Human remains and/or funerary objects discovered during land use. The BLM's
policy is to leave burial sites and their contents undisturbed whenever possible.
When human remains and/or funerary objects subject to NAGPRA, are discovered as a
result of a BLM or BLM-authorized activity, such as construction or other land-disturbing
actions, they are to be handled in the manner described in the "inadvertent discovery"
procedures found at 43 CFR 10.4 and the general procedures of this Manual Section, and
the procedures for applicable State laws. Managers should coordinate these and other
responsibilities for "inadvertent discovery" under NAGPRA with those under the NHPA,
as described in Manual Section 8140.28.
"Inadvertent discovery" procedures in 43 CFR 10 include ceasing activity in the area of the
discovery and protecting the NAGPRA materials. The Field Office is required to identify
and consult with any lineal descendant or culturally related tribe (or, if no descendant or
culturally related tribe is identified, with a tribe for whom the area of the discovery falls
within boundaries of their aboriginal land, as determined by a final judgment of the Indian
Claims Commission or the U.S. Court of Claims). Consultation should focus on the BLM's
plan of action and final disposition of the discovered materials, and must be documented.
If the materials are to be excavated and removed from the pubic lands, pursuant to the
provisions of Section 3(c) of the Act, the Field Office manager follows the provisions in
Chapter II.C.1, including publication of a newspaper notice pursuant to 43 CFR 10.6,
identifying the tribe that has been determined to be affiliated and to whom ownership of the
materials would accrue following their removal. If, in consultation with the descendents or
tribes, the Field Office manager determines that excavation and removal from the public
lands is not required, the materials remain in the Federal Government's ownership and
control.
Where there is a reasonable probability of encountering undetected human remains and
associated funerary objects during a proposed land use, discussions with tribes before the
project is authorized can provide the manager with general guidance on treatment of any
cultural items that might be exposed. During discussions, the manager should explore the
possibility of developing agreements on how to respond in advance, to save time and avoid
confusion.
3. Reburial of NAGPRA items on public lands is not authorized. Due to the substantial
and extensive legal, logistical, and practical problems that would ensue if human remains
and other "cultural items" repatriated or transferred to lineal descendants or tribes were to
be reburied on public land, the Bureau's policy is:
The BLM's managers shall not directly or indirectly authorize or permit the
reburial of repatriated, removed, or transferred human remains and/or other
NAGPRA materials, on public lands.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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