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The official site of Kaw Nation

HISTORIC PRESERVATION LAWS AND REGULATIONS


Native American Graves Protection and Repatriation Act (NAGPRA)
The intent of NAGPRA is to identify ownership and to ensure the rightful disposition of cultural items that are in federal possession or control. NAGPRA mandates that installation commanders summarize, inventory, and repatriate cultural items in the possession or control of the installation to lineal descendants or to culturally affiliated federally recognized Indian tribes or Native Hawaiian organizations.

Presidential Memorandum of 1994 (Government to Government Consultation)
The intent of the Presidential Memorandum of 1994 is that consultation with federally recognized Indian tribes on a government to government basis occurs formally and directly between installation commanders and heads of federally recognized tribal governments. Installation commanders establish government-to-government relations with federally recognized Indian tribes by means of formal written letters to the heads of tribal governments. Such letters should designate an Installation Coordinator for Native American Affairs who is authorized to conduct follow-up consultations with designated representatives of the tribal government. Any final decisions on installation plans, projects, programs or activities that have been subject to government-to-government consultation will be formally transmitted from the installation commander to the head of the tribal government.

Executive Order 13007 (Sacred Sites)
The intent of EO 13007 is that Federal land managers will accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, agencies shall maintain the confidentiality of sacred sites. A sacred site is defined as “any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion.”

Archaeological Resources Protection Act (ARPA)

National Historic Preservation Act (NHPA)
The intent of the NHPA as related to Native American tribes is if an undertaking on Army lands may affect properties having historic value to a federally recognized Indian tribe, such tribes shall be afforded the opportunity to participate as interested parties during the consultation process defined at 36 CFR 800. Traditional cultural leaders and other Native Americans and Native Hawaiians are considered to be interested parties with respect to undertakings that may affect historic properties of significance to such persons.

36 CFR 79 (Curation of Artifacts)

Army Regulation 200-4 (Cultural Resources Management)
The intent of AR 200-4 is to provide guidance to cultural resource managers on Army installations with regard to national preservation laws

  • NAGPRA
  • NHPA
  • ARPA
  • EO 13007
  • Presidential Memorandum 1994
  • 36 CFR 79
  • FLW ICRMP

The Fort Leonard Wood Integrated Cultural Resources Management Plan (ICRMP)
The FLW ICRMP provides environmental, pre-Columbian and historical contexts and summaries on all ongoing and previous CRM projects. The FLW ICRMP also includes sections on Directorate/CRM Integration, and Standard Operating Procedures on NAGPRA, NHPA and ARPA.

Laws of Protection
Reclamation Manual: Inadvertent Discovery of Human Remains on Reclamation Lands
Reclamation Manual: Inadvertent Discovery of Native American Graves Protection and Repatriation Act(NAGPRA) Cultural Items on Tribal Lands
Memorandum of Understanding: FHA and Illinois DOT
Programmatic Agreement among the Department of the Interior, BIA, Eastern Oklahoma Region and Southern Plains Region

  

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