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2361.28 - Exhibit 2

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2361.29 - Recovery, Curation and Public Use.

The Southwestern Region manages its lands to provide for Indian tribal rights of ownership or control regarding Native American human remains and associated funerary objects (25 U.S.C. 3002(a) & 3005(a)). Lineal descendants and/or culturally affiliated Indian tribes and/or aboriginally occupying Indian tribes shall be consulted regarding disposition of Native American human remains and associated funerary objects (25 U.S.C. 3002(c,d) & 3005(a)(3)).

1. Authority. This ID provides direction for treatment and disposition of Native American human remains and associated funerary objects recovered from Southwestern Region lands, consistent with NAGPRA (25 U.S.C. 3001 et seq.).

2. Objectives.

a. Assure that human remains and associated funerary objects are treated with care and respect.

b. Provide consideration for the disposition of human remains and associated funerary objects to include: physical transfer to lineal descendants and/or appropriate Indian tribes, curation at a qualified repository, or reburial on Southwestern Region lands.

3. Policy.

a. Prior to authorizing removal or excavation of Native American human remains and associated funerary objects, initiate consultations with lineal descendants and/or potentially affiliated Indian tribes and/or aboriginally occupying Indian tribes regarding disposition of Native American human remains and associated funerary objects (25 U.S.C. 3002(c)(4)). Forest Supervisors must develop and approve plans of action regarding the treatment and disposition of human remains and associated funerary objects in accordance with 43 CFR 10.5.

b. Action Plans regarding the disposition of human post November 1990 excavated remains and associated funerary objects should be developed following consultation with the lineal descendants and/or culturally affiliated tribes and/or aboriginally occupying Indian tribes. Agreements may also be developed with lineal descendants and/or culturally affiliated tribes regarding the disposition of repatriated human remains and associated funeray objects excavated prior to November 1990.

c. Based on the above policy consideration (para. 3a), Forest Supervisors may authorize reburial of Native American human remains and associated funerary objects recovered from Southwestern Region lands in accordance with the following options:

1) The preferred location for such reburials shall be at or as close as practicable to the site from which those remains and funerary objects were originally recovered.

2) Should the above option (para. c1) not be available, as in the case of selected lands in a completed land exchange or water impoundments, reburial at an alternate location near the site or project area should be considered.

d. Costs of reburials shall be apportioned as follows:

1) For human remains and associated funerary objects excavated after the enactment of NAGPRA (November 16, 1990), consider reburial a legitimate cost of data recovery, in lieu of curation. Reburial costs shall be paid by the party funding data recovery in accordance with an approved data recovery plan.

2) For human remains and associated funerary objects recovered from Southwestern Region lands before the enactment of NAGPRA (November 16, 1990), consider reburial of repatriated remains a related but separate activity to be discussed in the context of government-to-government relationships. The Forest Service cooperates with tribal governments to facilitate the reburial of repatriated remains. This may include logistical assistance as well as assistance in securing needed funding.

e. Lineal descendants and/or culturally affiliated Tribal representatives shall have the opportunity to be present and conduct ceremonies at reburials. Any costs for these activities shall be the responsibility of lineal descendants and/or the respective Indian tribes.

f. Locations of reburied human remains and associated funerary objects shall be kept confidential to the extent permitted by law.

g. Employ diligence to avoid future disturbances of reburied Native American human remains and associated funerary objects. Reburial of Native American human remains and associated funerary objects shall not be construed to limit the authority of the Forest Service to manage Southwestern Region lands in accordance with applicable laws. In the event that it becomes necessary to disturb a reburial location, undertake any such activity in compliance with provisions of NAGPRA and other applicable laws.





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