[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR10.4]



[Page 227-229]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 10_NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REGULATIONS

--Table of Contents

 

Subpart B_Human Remains, Funerary Objects, Sacred Objects, or Objects of 

             Cultural Patrimony From Federal or Tribal Lands

 

Sec.  10.4  Inadvertent discoveries.



    (a) General. This section carries out section 3 (d) of the Act 

regarding the custody of human remains, funerary objects, sacred 

objects, or objects of cultural patrimony that are discovered 

inadvertently on Federal or tribal lands after November 16, 1990.

    (b) Discovery. Any person who knows or has reason to know that he or 

she has discovered inadvertently human remains, funerary objects, sacred 

objects, or objects of cultural patrimony on Federal or tribal lands 

after November 16, 1990, must provide immediate telephone notification 

of the inadvertent discovery, with written confirmation, to the 

responsible Federal agency official with respect to Federal lands, and, 

with respect to tribal lands, to the responsible Indian tribe official. 

The requirements of these regulations regarding inadvertent discoveries 

apply whether or not an inadvertent discovery is duly reported. If 

written confirmation is provided by certified mail, the return receipt 

constitutes evidence of the receipt of the written notification by the 

Federal agency official or Indian tribe official.

    (c) Ceasing activity. If the inadvertent discovery occurred in 

connection with an on-going activity on Federal or tribal lands, the 

person, in addition to providing the notice described above, must stop 

the activity in the area of the inadvertent discovery and make a 

reasonable effort to protect the human remains, funerary objects, sacred 

objects, or objects of cultural patrimony discovered inadvertently.

    (d) Federal lands. (1) As soon as possible, but no later than three 

(3) working days after receipt of the written confirmation of 

notification with respect to Federal lands described in Sec.  10.4 (b), 

the responsible Federal agency official must:

    (i) Certify receipt of the notification;



[[Page 228]]



    (ii) Take immediate steps, if necessary, to further secure and 

protect inadvertently discovered human remains, funerary objects, sacred 

objects, or objects of cultural patrimony, including, as appropriate, 

stabilization or covering;

    (iii) Notify by telephone, with written confirmation, the Indian 

tribes or Native Hawaiian organizations likely to be culturally 

affiliated with the inadvertently discovered human remains, funerary 

objects, sacred objects, or objects of cultural patrimony, the Indian 

tribe or Native Hawaiian organization which aboriginally occupied the 

area, and any other Indian tribe or Native Hawaiian organization that is 

reasonably known to have a cultural relationship to the human remains, 

funerary objects, sacred objects, or objects of cultural patrimony. This 

notification must include pertinent information as to kinds of human 

remains, funerary objects, sacred objects, or objects of cultural 

patrimony discovered inadvertently, their condition, and the 

circumstances of their inadvertent discovery;

    (iv) Initiate consultation on the inadvertent discovery pursuant to 

Sec.  10.5;

    (v) If the human remains, funerary objects, sacred objects, or 

objects of cultural patrimony must be excavated or removed, follow the 

requirements and procedures in Sec.  10.3 (b) of these regulations; and

    (vi) Ensure that disposition of all inadvertently discovered human 

remains, funerary objects, sacred objects, or objects of cultural 

patrimony is carried out following Sec.  10.6.

    (2) Resumption of activity. The activity that resulted in the 

inadvertent discovery may resume thirty (30) days after certification by 

the notified Federal agency of 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 tribes or Native Hawaiian 

organizations that adopt a recovery plan for the excavation or removal 

of the human remains, funerary objects, sacred objects, or objects of 

cultural patrimony following Sec.  10.3 (b)(1) of these regulations. The 

disposition of all human remains, funerary objects, sacred objects, or 

objects of cultural patrimony must be carried out following Sec.  10.6.

    (e) Tribal lands. (1) As soon as possible, but no later than three 

(3) working days after receipt of the written confirmation of 

notification with respect to Tribal lands described in Sec.  10.4 (b), 

the responsible Indian tribe official may:

    (i) Certify receipt of the notification;

    (ii) Take immediate steps, if necessary, to further secure and 

protect inadvertently discovered human remains, funerary objects, sacred 

objects, or objects of cultural patrimony, including, as appropriate, 

stabilization or covering;

    (iii) If the human remains, funerary objects, sacred objects, or 

objects of cultural patrimony must be excavated or removed, follow the 

requirements and procedures in Sec.  10.3 (b) of these regulations; and

    (iv) Ensure that disposition of all inadvertently discovered human 

remains, funerary objects, sacred objects, or objects of cultural 

patrimony is carried out following Sec.  10.6.

    (2) Resumption of Activity. The activity that resulted in the 

inadvertent discovery may resume if otherwise lawful after thirty (30) 

days of the certification of the receipt of notification by the Indian 

tribe or Native Hawaiian organization.

    (f) Federal agency officials. Federal agency officials should 

coordinate their responsibilities under this section with their 

emergency discovery responsibilities under section 106 of the National 

Historical Preservation Act (16 U.S.C. 470 (f) et seq.), 36 CFR 800.11 

or section 3 (a) of the Archeological and Historic Preservation Act (16 

U.S.C. 469 (a-c)). Compliance with these regulations does not relieve 

Federal agency officials of the requirement to comply with section 106 

of the National Historical Preservation Act (16 U.S.C. 470 (f) et seq.), 

36 CFR 800.11 or section 3 (a) of the Archeological and Historic 

Preservation Act (16 U.S.C. 469 (a-c)).

    (g) Notification requirement in authorizations. All Federal 

authorizations to carry out land use activities on Federal



[[Page 229]]



lands or tribal lands, including all leases and permits, must include a 

requirement for the holder of the authorization to notify the 

appropriate Federal or tribal official immediately upon the discovery of 

human remains, funerary objects, sacred objects, or objects of cultural 

patrimony pursuant to Sec.  10.4 (b) of these regulations.



[60 FR 62158, Dec. 4, 1995, as amended at 62 FR 41293, Aug. 1, 1997]