Discoveries on Federal Land Sample Clauses

Discoveries on Federal Land. If human remains or funerary objects are discovered on Federal lands, all activity in the area of the discovery will cease immediately. The Ocotillo Express LLC Project Manager will notify both the El Centro BLM Project Manager and the El Centro BLM Archaeologist by telephone within 24 hours of the discovery, followed within three days by written confirmation. The BLM will then be responsible for notifying the appropriate Tribe(s), and for initiating Tribal consultation as prescribed by 43 CFR 10.5. The Ocotillo Express LLC Project Manager will also notify the appropriate county coroner who, pursuant to H&SC 7050.5 et seq. and PRC 5097.98, will determine whether the remains are those of a Native American; if so, the coroner will contact the NAHC, and the procedures set forth at PRC 5098.98 will be implemented together with the Federal procedures required by 43 CFR 10.3-10.6. BLM will ensure that the stipulations of this POA are fully implemented before authorizing Ocotillo Express LLC to continue any ground-disturbing activity. Such activity will be suspended in the discovery area (i.e., within not less than 5 nor more than 50 meters in all directions from the discovered remains and/or objects) until authorized by BLM to resume such activities. Such activity will be suspended in the discovery area until the Tribes, Ocotillo Express LLC, and BLM can resolve treatment in this manner, then BLM shall consult with the CA SHPO to develop a treatment plan within 15 days of notification of discovery. Preservation and protection in place shall be the preferred treatment measure. Absent objection by the SHPO, BLM will then implement the treatment plan, or, if the SHPO objects, BLM will utilize the dispute resolution process set forth in Stipulation XI of the MOA to resolve any objection. Human remains and any funerary objects will not be excavated or otherwise removed unless approved by BLM and after consultation with the Tribes as appropriate. Disposition of any such remains discovered on or removed from Federal or Tribal lands will follow the protocols discussed in Subsection 3.9, below.

Discoveries on Federal Land. In the event that human remains and/or cultural items are found within the APE of the Project on Federal lands, preservation and protection in place shall be the primary treatment strategy. Should preservation and protection in place not be possible, following consultation as required by 43 CFR 10.6, the BLM will ascertain custody in accordance with 43 CFR 10.6(a–c) (see Subsection C.3.2 of this POA). Once BLM has made a determination of the party entitled to custody, BLM will publish at least two notices of the proposed disposition of the remains and/or objects, as required by 43 CFR 10.6(c). These notices must be published at least one week apart. If no additional claimants come forward within 30 days following the second publication of the notice, then BLM will transfer custody of the remains and/or cultural items to the party named in the notices pursuant to 43 CFR 10.6(c). The party having custody will then decide on the ultimate disposition of the remains and/or cultural items. If the party given custody should decide that any of the remains and/or items are to be curated, then they will select for that purpose and deliver such remains and/or items to a repository that meets the standards and criteria set forth at 36 CFR 79.