Bureau of Land Management-California (BLM) Responsibilities Regarding Discovered Human Remains
August 18, 2010
In Reply Refer To:
8100 (CA930) P
EMS TRANSMISSION: 8/18/10
Instruction Memorandum No. CA-2010-024
Expires: 09/30/2011
To: All CA District and Field Offices, All CA District and Field Managers
Attn: Archaeologists and Cultural Leads
From: Acting State Director
Subject: Bureau of Land Management-California (BLM) Responsibilities Regarding
Discovered Human Remains
Purpose: This Instruction Memorandum outlines the process required by federal law and regulations and/or California State Health and Safety laws for the treatment of human remains that are discovered in California. Additionally, the language provided may be used in the cultural component of various BLM-California environmental documents.
Background: Federal law and regulations (Archaeological Resources Protection Act (ARPA)16 USC 470 & 43 CFR 7, Native American Graves Protection & Repatriation Act (NAGPRA) 25 USC 3001 & 43 CFR 10 and, Public Lands, Interior 43 CFR 8365.1-7), as well as, California state law (California Health & Safety Code 7050.5, Dead Bodies and California Public Resources Code 5097.98, Notification of Discovery of Native American Human Remains) require all parties that discover human remains in California to follow a well defined process. This process will differ depending on whether materials are discovered on federal or non-federal lands and if they are determined to be archaeological/historic resources. The full process for both federal and non-federal lands is outlined for clarity, as many federally authorized projects also include non-federal lands.
Policy/Action: All human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work in the area must cease immediately, nothing is to be disturbed and the area must be secured. The County Coroner’s Office of the county where the remains are located must be called. The Coroner has 2 working days to examine the remains after notification. The appropriate land manager/owner of the site is to be called and informed of the discovery.
If the remains are located on federal lands, federal land managers, federal law enforcement and the federal archaeologist must be informed as well, due to complementary jurisdiction issues. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/historic or of modern origin and if there
are any criminal or jurisdictional questions.
Modern Remains
If the Coroner's Office determines the remains are of modern origin, the appropriate law
enforcement officials will be called by the Coroner. Work will not resume until law
enforcement has released the area.
Archaeological/Historic Remains
If the remains are determined to be archaeological/historic in origin, the requirements
change depending on whether the discovery site is located on federally or non-federally
owned/managed lands.
Remains discovered on federally owned/managed lands
After the Coroner has determined the remains are archaeological or historic, BLM has
completed the California requirements that must be followed regarding “bodies.” These
materials are by definition archaeological resources, and the appropriate federal laws
apply. The local Field Office Archaeologist must be called. The archaeologist will
initiate the proper procedures under ARPA and/or NAGPRA to determine the disposition
of the materials. If the remains are determined to be Native American, the steps as
outlined in NAGPRA, 43 CFR 10.6 (Inadvertent discoveries) must be followed.
Remains discovered on non-Federally owned/managed lands
California state law has additional requirements that apply to non-federal lands. After the
Coroner has determined the remains on non-federally owned/managed lands are
archaeological/historic, the Coroner will make recommendations concerning the
treatment and disposition of the remains to the person responsible for the excavation, or
to his or her authorized representative. If the Coroner believes the remains to be those of a
Native American he/she shall contact the California Native American Heritage
Commission (NAHC) by telephone within 24 hours. The NAHC will immediately notify
the person it believes to be the most likely descendant of the remains. The most likely
descendant has 48 hours to make recommendations to the land owner for treatment or
disposition of the human remains. If the descendant does not make recommendations
within 48 hours, the land owner shall reinter the remains in an area of the property secure
from further disturbance. If the land owner does not accept the descendant’s
recommendations, the owner or the descendant may request mediation by NAHC.
Timeframe: Effective immediately.
Contact: If you have questions regarding this issue, please contact Dr. Stephanie Damadio, Senior Program Analyst-Heritage, at sdamadio@blm.gov or (916) 978-4650.
Signed by:
James Wesley Abbott
Acting State Director
Authenticated by:
Richard A. Erickson
Records Management