43 CFR § 10.5 - Discovery.
When a discovery of human remains or cultural items on Federal or Tribal lands occurs, any person who knows or has reason to know of the discovery must inform the appropriate official for the Indian Tribe, Native Hawaiian organization, Federal agency, or DHHL and the additional point of contact. The appropriate official must respond to a discovery and, if applicable, certify when an activity may resume.
(a) Report any discovery. Any person who knows or has reason to know of a discovery of human remains or cultural items on Federal or Tribal lands must:
(1) Immediately report the discovery in person or by telephone to the appropriate official and any additional point of contact shown in table 1 of this paragraph (a).
Table 1 to § 10.5(a)(1)—Report a Discovery on Federal or Tribal Lands
| Where the discovery is on . . . | the appropriate official is the representative for the . . . | and the additional point of contact is the . . . |
|---|---|---|
| Federal lands in the United States * | Federal agency with primary management authority | Any Indian Tribe or Native Hawaiian organization with potential cultural affiliation, if known. |
| Tribal lands in Alaska and the continental United States | Indian Tribe | Bureau of Indian Affairs or the Federal agency with primary management authority, if any. |
| Tribal lands in Hawai'i | DHHL | Any Native Hawaiian organization with potential cultural affiliation, if known. |
| * Federal lands in Alaska selected but not yet conveyed under the Alaska Native Claims Settlement Act (ANCSA, 43 U.S.C. 1601) | Bureau of Land Management or Federal agency with primary management authority | Alaska Native Corporation organized under ANCSA. |
(2) Make a reasonable effort to secure and protect the human remains or cultural items, including, as appropriate, stabilizing or covering the human remains or cultural items; and
(3) No later than 24 hours after the discovery, send written documentation of the discovery to the appropriate official and the additional point of contact shown in Table 1 to paragraph (a)(1) of this section stating:
(i) The geographical location by county and State;
(ii) The contents of the discovery; and
(iii) The steps taken to secure and protect the human remains or cultural items.
(b) Cease any nearby activity. If a discovery is related to an activity (including but not limited to construction, mining, logging, or agriculture), the person responsible for the activity must:
(1) Immediately stop any activity that could threaten the discovery;
(2) Report the discovery according to paragraph (a) of this section; and
(3) In the written documentation of the discovery required under paragraph (a)(3) of this section include:
(i) The related activity and any potential threats to the discovery; and
(ii) Confirmation that all activity around the discovery has stopped and must not resume until the date in a written certification issued under paragraph (e) of this section.
(c) Respond to a discovery. No later than three days after receiving written documentation of a discovery, the appropriate official must respond to a discovery. The appropriate official must comply with the requirements of this section immediately upon learning of the discovery even if the discovery has not been properly reported.
(1) The appropriate official must make a reasonable effort to:
(i) Secure and protect the human remains or cultural items;
(ii) Verify that any activity around the discovery has stopped; and
(iii) Notify the additional point of contact shown in table 1 to paragraph (a)(1) of this section.
(2) On Tribal lands in Alaska and the continental United States, the Indian Tribe may delegate its responsibility for the discovery to the Bureau of Indian Affairs or the Federal agency with primary management authority. If both the Federal agency and the Indian Tribe consent in writing, the Bureau of Indian Affairs or the Federal agency with primary management authority is responsible for completing the requirements in paragraphs (d) and (e) of this section.
(3) On Tribal lands of an NHO, the Native Hawaiian organization may agree in writing to be responsible for discoveries on its Tribal lands and then must respond to any discovery under this paragraph. If the Native Hawaiian organization has not agreed in writing to be responsible for discoveries, DHHL is responsible for completing the requirements in paragraph (d) and (e) of this section for any discoveries on those Tribal lands of an NHO.
(d) Approve and sign a plan of action. When a Federal agency or DHHL has responsibility for a discovery on Federal or Tribal lands, a plan of action is required. A plan of action is not required when an Indian Tribe or Native Hawaiian organization has responsibility for a discovery on Tribal lands. The Federal agency or DHHL must carry out the plan of action for any human remains or cultural items that are removed.
(1) No later than 30 days after receiving written documentation of a discovery, the Federal agency or DHHL, in consultation with the lineal descendant, Indian Tribe, or Native Hawaiian organization, must approve and sign a plan of action under § 10.4(b).
(2) This requirement does not apply if, before receiving written documentation of the discovery, the Federal agency or DHHL signed:
(i) A plan of action under § 10.4(b); or
(ii) A comprehensive agreement under § 10.4(c).
(e) Certify when an activity may resume. No later than 30 days after receiving written documentation of a discovery, the appropriate official must send a written certification if the discovery is related to an activity (including but not limited to construction, mining, logging, or agriculture). Written certification must be sent to the person responsible for the activity and the additional point of contact shown in table 1 to paragraph (a)(1) of this section. The written certification must provide:
(1) A copy of the signed plan of action or comprehensive agreement with redaction of any confidential or sensitive information;
(2) Instructions for protecting, securing, stabilizing, or covering the human remains or cultural items, if appropriate; and
(3) The date (no later than 30 days after the date of the written certification) on which lawful activity may resume around the discovery.