Federal agencies must comply with NAGPRA and are permitted to excavate human remains of Native American and certain cultural items from federal or tribal lands only if a Plan of Action was developed for the excavation and the agency has written authorization to conduct the excavation; the excavation follows the requirements of the Archaeological Resources Protection Act; and the disposition of the human remains or cultural items is determined through the processes outlined in 43 CFR 10.7. Ground-disturbing activities on federal or tribal lands can result in the discovery of Native American human remains and cultural items. When such discoveries are made, 43 CFR 10.5 requires that activity in the area of the discovery immediately stop; a reasonable effort be made to protect the items discovered; and a Plan of Action is developed within 30 days of the discovery. For either case, the agency must consult with any lineal descendant(s) and any federally-recognized Indian Tribe(s) or Native Hawaiian organization(s) with potential cultural affiliation. On tribal lands, before an excavation of human remains or cultural items may occur, the Indian Tribe or Native Hawaiian organization must consent in writing by providing a written authorization for the excavation as detailed in 43 CFR 10.6(a).
Native American Graves Protection Act Compliance
Permit/Review
Project Type
All
Activity/Trigger
Excavations or discoveries of human remains of Native Americans and certain cultural items, including objects of cultural patrimony, on federal or tribal lands.
Description
Statute/Regulations
Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001-3013; regulations 43 CFR Part 10
Editorial Category