§10.3. Determining cultural affiliation. — Inbound Citations
43 C.F.R. § 10.3
Statutory Authority
Cited by 13 regulations in release Current.
Citations to 43 C.F.R. § 10.3 as a whole
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(1) Immediately stop any activity that could threaten the discovery;
Citations to §10.3(a)
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(D) No lineal descendant or any Indian Tribe or Native Hawaiian organization with cultural affiliation can be clearly or reasonably identified. The inventory must briefly describe the information considered under § 10.3(a) of this part and the criteria identified under § 10.3(b) of this part to explain how the determination was made.
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(D) If unclaimed under paragraph (d)(1)(i)(B) of this section, the information considered under § 10.3(a) of this part and the criteria identified under § 10.3(b) of this part to explain why no Indian Tribe or Native Hawaiian organization with cultural affiliation could be identified.
Citations to §10.3(b)
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(D) No lineal descendant or any Indian Tribe or Native Hawaiian organization with cultural affiliation can be clearly or reasonably identified. The inventory must briefly describe the information considered under § 10.3(a) of this part and the criteria identified under § 10.3(b) of this part to explain how the determination was made.
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(D) If unclaimed under paragraph (d)(1)(i)(B) of this section, the information considered under § 10.3(a) of this part and the criteria identified under § 10.3(b) of this part to explain why no Indian Tribe or Native Hawaiian organization with cultural affiliation could be identified.
Citations to §10.3(b)(1)
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(e) No later than 30 days after receiving written documentation of a discovery, the appropriate official must send a written certification if the discovery is related to an activity (including but not limited to construction, mining, logging, or agriculture). Written certification must be sent to the person responsible for the activity and the additional point of contact shown in table 1 to paragraph (a)(1) of this section. The written certification must provide:(1) A copy of the signed plan of action or comprehensive agreement with redaction of any confidential or sensitive information;(2) Instructions for protecting, securing, stabilizing, or covering the human remains or cultural items, if appropriate; and(3) The date (no later than 30 days after the date of the written certification) on which lawful activity may resume around the discovery.
Citations to §10.3(c)(2)
Citations to §10.3(e)
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(ii) Document any physical transfer, and
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(3) The Indian Tribe or Native Hawaiian organization with the closest cultural affiliation according to the priority order at § 10.3(e) of this part;
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(ii) The Indian Tribe or Native Hawaiian organization with the closest cultural affiliation according to the priority order at § 10.3(e) of this part.