Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 16
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
This policy does not apply to NAGPRA materials that have not been removed from the
immediate vicinity of their original location following an inadvertent discovery. It also
does not apply to portions of burials that were mistakenly removed in the interests of State
health and safety laws (e.g., a hiker takes a skull found eroded from a stream bank to the
coroner), or that were taken illegally and have been recovered through law enforcement
investigations. In these cases, if the original burial location is known and the location is
stable and not currently subject to conflicting uses, and if the affiliated tribe has been
consulted and has entered into written agreement, the missing portion of the burial may be
reunited with the in situ remainder. The BLM must make it clear to all parties that such
restoration of a missing portion of an in situ burial does not affect the Federal
Government's ownership or control of the restored burial, nor does it diminish the Bureau's
ability to protect the restored burial under Federal law.
Consultation for NAGPRA purposes
BLM consults with–
Purpose of consultation is–
● To agree in advance how to
treat potential NAGPRA issues
such as identifying "cultural
Lineal descendants, if known,
items" and determining their
or tribal representative(s)
appropriate treatment and
whom the tribal government
disposition.
has designated for this
purpose
● To agree after the fact how to
identify inadvertently exposed
"cultural items" and to assure
that they receive appropriate
treatment and disposition.
F
. 6. Tribal consultation for purposes of Section 3(c) and (d)
IG
of the Native American Graves Protection and Repatriation Act.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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