Any person who knows, or has reason to know, that such person has discovered
Native American cultural items on Federal or
tribal lands after
November 16, 1990, shall notify, in writing, the
Secretary of the Department, or head of any other agency or instrumentality of the United States, having primary management authority with respect to
Federal lands and the appropriate
Indian tribe or
Native Hawaiian organization with respect to
tribal lands, if known or readily ascertainable, and, in the case of lands that have been selected by an Alaska Native Corporation or group organized pursuant to the
Alaska Native Claims Settlement Act of 1971 [
43 U.S.C. 1601 et seq.], the appropriate corporation or group. If the discovery occurred in connection with an activity, including (but not limited to) construction, mining, logging, and agriculture, the person shall cease the activity in the area of the discovery, make a reasonable effort to protect the items discovered before resuming such activity, and provide notice under this subsection. Following the notification under this subsection, and upon certification by the
Secretary of the department or the head of any agency or instrumentality of the United States or the appropriate
Indian tribe or
Native Hawaiian organization that notification has been received, the activity may resume after 30 days of such certification.