Federal Indian Law and Policy
Cultural Heritage and Preservation laws (continued)
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Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), Section 3(c), requires federal land-managing agencies to consult with federally recognized Indian tribes prior to the intentional removal or excavation of Native American human remains and other cultural items as defined in NAGPRA from federal lands. (25 U.S.C. § 3001)
On tribal lands, planned excavation requires the consent of the appropriate Indian tribe (43 CFR § 10.3).
In instances where a proposed project that is funded or licensed by a federal agency may cross federal or tribal lands, it is that agency that is responsible for compliance with NAGPRA.
For more information, please visit the following link: http://www.nps.gov/history/nagpra/MANDATES/25USC3001etseq.htm