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 and the additional point of contact. The appropriate official must respond to a discovery and, if applicable, certify when an activity may resume. Any permit, license, lease, right-of-way, or other authorization issued for an activity on Federal or Tribal lands must include a requirement to report any discovery of human remains or cultural items. Prior to any excavation of human remains or cultural items on Federal or Tribal lands, a written authorization is required.
How do I report a 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 do the following three tasks:
- Immediately report the discovery in person or by telephone to the appropriate official and any additional point of contact in the table below;
- 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
- No later than 24 hours after the discovery, send written documentation of the discovery to the appropriate official and the additional point of contact and identify the geographical location by county and State, the contents of the discovery, and the steps taken to secure and protect the human remains or cultural items.
|
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 |
Bureau of Indian Affairs or the Federal agency with primary management authority, if any. |
|
|
Tribal lands in Hawai'i |
State of Hawai'i Department of Hawaiian Homelands |
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. |
What if I'm conducting an activity on Federal or Tribal lands and make a discovery?
If a discovery of human remains or cultural items is related to an activity (including but not limited to construction, mining, logging, or agriculture), the person responsible for the activity must do the following three tasks:
- Immediately stop any activity that could threaten the discovery;
- Report the discovery as noted above; and
- In the written documentation of the discovery include the related activity and any potential threats to the discovery and confirmation that all activity around the discovery has stopped and must not resume until the appropriate official issues a written certification.
What happens if an excavation on Federal or Tribal lands is needed?
When an excavation of human remains or cultural items on Federal or Tribal lands is needed, the appropriate official must first authorize the excavation in writing. A permit under Section 4 of ARPA (16 U.S.C. 470cc) may be required when the excavation is on certain Federal or Tribal lands.
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.
On Federal or Tribal lands, when a Federal agency or DHHL has responsibility for an excavation on Federal or Tribal lands, a plan of action and a written authorization are required.
What happens after a discovery or an excavation?
When human remains or cultural items are removed from Federal or Tribal lands, as soon as possible (but no later than one year) after the discovery or excavation of the human remains or cultural items, the appropriate official must identify the lineal descendant, Indian Tribe, or Native Hawaiian organization that has priority for disposition of human remains or cultural items.
Last updated: January 12, 2024