COMPREHENSIVE AGREEMENT
Regarding Tribal Access, Privacy and Information Sharing, and Inadvertent
Discovery and Intentional Excavation of Native American Human Remains and
Cultural Items Culturally Affiliated with the Following Indian Tribes:
Apache Tribe of Oklahoma
Cheyenne and Arapaho Tribes of Oklahoma
Comanche Nation of Oklahoma
Kiowa Tribe of Oklahoma
Northern Arapaho Tribe
Northern Cheyenne Tribe
Oglala Sioux Tribe of the Pine Ridge Reservation
Shoshone Tribe (Eastern Band)
Southern Ute Indian Tribe
Ute Mountain Ute Tribe
Within Federal Lands Owned or Controlled
by Fort Carson, Colorado

Whereas, Fort Carson has need to engage in ongoing activities that may result in the inadvertent discovery or intentional excavation of human remains and/or cultural items culturally affiliated with the aforementioned Federally Recognized Tribes (Tribes); and
Whereas, Fort Carson, in consultation with the Federally Recognized Tribes, is responsible for identification, protection, and disposition of human remains and cultural items on lands it administers pursuant to the Native American Graves Protection and Repatriation Act of 1990 [25 U.S.C. 3001-3013] (NAGPRA) and 43 CFR 10; and
Whereas, appropriate treatment of Native American human remains and cultural items that may be affiliated with the Tribes requires respect for the cultural traditions of tribal members; and
Whereas, the Tribes represented by the signatories hereto were aboriginal occupants of lands now administered by Fort Carson and, based on cultural and/or aboriginal affiliation, do hereby claim and assert the right of possession and control of human remains and associated funerary objects on these lands in accordance with Section 3a(2)(B) of NAGPRA; and
Whereas, Section 11 of NAGPRA and 43 CFR 10.5(f) specifically encourage the development of comprehensive agreements between federal agencies and federally recognized tribal governments to ensure the appropriate treatment of Native American human remains and cultural items;
NOW, THEREFORE, Fort Carson and the identified Tribes agree that the following procedures will be followed for tribal notification and consultation and for the treatment and disposition of all Native American human remains and cultural items that are inadvertently discovered or excavated on lands administered by Fort Carson.

Definitions
For the purposes of this agreement, the following definitions apply:
• Cultural affiliation means “that there is a relationship of shared group identity which can reasonably be traced historically or prehistorically between members of a present-day Indian Tribe or Native Hawaiian organization and an identifiable earlier group. Cultural affiliation is established when the preponderance of the evidence, based on geographical, kinship, biological, archeological linguistic, folklore, oral tradition, historical evidence, or other information or expert opinion, reasonably leads to such a conclusion” [43 C.F.R. 10.2(e)].
• Cultural items means, collectively, human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony [25 U.S.C. 3001].
• Federally recognized tribe means any tribe, band, nation, or other organized Indian group or community of Indians which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians. Such acknowledged or federally recognized Indian tribes exist as unique political entities in a government-to-government relationship with the United States.
• Funerary objects mean “items that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains.” [43
C.F.R. 10.2(d)(2)]. Associated funerary objects are “those funerary objects for which the human remains with which they were placed intentionally are also in the possession or control of a museum or federal agency” [43 C.F.R. 10.2(d)(2)(i)]. Unassociated funerary objects are “those funerary objects for which the human remains with which they were placed intentionally are nor in the possession or control of a museum or federal agency” [43 C.F.R. 10.2(d)(2)(ii)].
• Human remains means the “physical remains of a human body, including but not limited to bones, teeth, hair, ashes, or mummified or otherwise preserved soft tissues, of a person of Native American ancestry. For the purposes of determining cultural affiliation, human remains incorporated into a funerary object, sacred object, or object of cultural patrimony, as defined below, must be considered as part of that item” [43 CFR 10.2(d)(1)].
• Inadvertent discovery means “the unanticipated encounter or detection of human remains, funerary objects, sacred objects, or objects of cultural patrimony found under or on the surface of Federal or tribal lands pursuant to section 3(d)” of NAGPRA [43 C.F.R. 10.2(g)(4)].
• Intentional excavation means “the planned archeological removal of human remains, funerary objects, sacred objects, or objects of cultural patrimony found under or on the surface of Federal or tribal lands pursuant to section 3(c)” of NAGPRA [43 C.F.R. 10.2(g)(3)].
• NAGPRA SOP is the Fort Carson NAGPRA Standard Operating Procedures, appended to this agreement.
• Objects of cultural patrimony means “items having ongoing historical, traditional, or cultural importance central to the Indian Tribe or Native Hawaiian organization itself, rather than property owned by an individual tribal or organization member. These objects are of such central importance that they may not be alienated, appropriated, or conveyed by any individual tribal or organization member. Such objects must have been considered inalienable by the culturally affiliated Indian Tribe or Native Hawaiian organization at the time the object was separated from the group” [43 C.F.R. 10.2(d)(4)].
• Sacred objects means “items that are specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present day adherents. While many items, from ancient pottery sherds to arrowheads, might be imbued with sacredness in the eyes of an individual, these regulations are specifically limited to objects that were devoted to a traditional Native American religious ceremony or ritual and which have religious significance or function in the continued observance or renewal of such ceremony” [43 C.F.R. 10.2(d)(3)].

Article I: Inadvertent Discovery of Human Remains
A. In the event of an inadvertent discovery of human remains or cultural items on lands administered by Fort Carson, Fort Carson will follow the procedures outlined in the NAGPRA Standard Operating Procedures (SOP - Appendix A).
B. All inadvertently discovered human remains that are not associated with a crime scene shall be analyzed in situ by means of non-destructive analysis to potentially determine cultural affiliation. Non-destructive analysis shall consist of direct physical measurement of the material, preceded, if necessary, by cleaning with a non-corrosive solution that does not damage or alter the material or object. Fragments or samples of the material shall not be
taken. A qualified professional physical anthropologist or archeologist shall conduct such analysis. Other methods of analysis shall be conducted only upon consultation with the Tribes.
C. All inadvertently discovered cultural items associated with human remains shall be analyzed in situ and shall not be removed from their context. Other methods of analysis shall be conducted only upon consultation with the Tribes.
D. In the event that lineal descendants and cultural affiliation cannot be determined based on preliminary analysis, the signatory Tribes to this agreement, based on aboriginal occupation and use of Fort Carson lands, shall hereby
laim joint ownership of the human remains and/or cultural items. Other notified Tribes not party to this agreement will have sixty (60) days within which to claim ownership.
E. The Tribes claiming ownership shall, among themselves, determine which Tribe will act as the lead in the disposition of the human remains and/or cultural items depending upon the particular circumstances of the case. If a lead cannot be determined, Fort Carson will follow the dispute resolution procedures outlined in the NAGPRA SOP
(Section 6.0), and the matter may be put before the NAGPRA Review Committee.
Article II: Archeological or Other Investigation That May Result in the Discovery of Human Remains or Cultural Items
A. If Fort Carson proposes to undertake an archeological investigation or other activity that has a high probability to result in the discovery of Native American human remains, NAGPRA points-of-contact for the consulting Tribes shall be notified. Fort Carson shall consult with the Tribes (allowing for a thirty (30)-day period for response from the Tribes) to ensure that the scope of work for the investigation or activity addresses the concerns of the Tribes.
B. High probability for the discovery of Native American human remains or burial items will be determined by the Fort Carson Cultural Resources Manager based on whether the scope of work for the planned investigation or activity indicates that excavation is proposed in areas in which Native American cultural resources are likely to occur.
C. In the event of the discovery of human remains or cultural items during a planned investigation, all activity within a 30 meter radius of the remains shall stop, and the Fort Carson CRM will follow the procedures for consultation outlined in the NAGPRA SOP.
D. Analysis to determine cultural affiliation will be conducted in situ as stipulated in Article I of this agreement.
E. In the event that lineal descendants and cultural affiliation cannot be determined based on preliminary analysis, the signatory Tribes to this agreement, based on aboriginal occupation and use of Fort Carson lands, shall hereby claim joint ownership of the human remains and/or cultural items. Other notified Tribes not party to this agreement will have sixty (60) days within which to claim ownership.

F. The Tribes claiming ownership shall, among themselves, determine which Tribe will act as the lead in the disposition of the human remains and/or cultural items depending upon the particular circumstances of the case. If a lead cannot be determined, Fort Carson will follow the dispute resolution procedures outlined in the NAGPRA SOP (Section 6.0), and the matter may be put before the NAGPRA Review Committee.
Article III: Access
A. In accordance with the American Indian Religious Freedom act of 1978, as amended, it is the policy of Fort Carson to accommodate requests by the Tribes for access to Fort Carson and the Pinon Canyon Maneuver Site to carry out their traditional and accustomed beliefs and practices when such access will not interfere with the military mission.
B. Tribes interested in visiting for ceremonial or other purposes shall submit a written request to the CRM at least forty-five (45) days in advance of their visit. Requests may be made via mail or e-mail. The CRM may be contacted at:
Department of Army
Directorate of Environmental Compliance and Management
ATTN: Pamela Cowen, Cultural Resources Manager
1638 Elwell St. – Bldg. 6236
Fort Carson, CO 80913-4356
pamela.cowen@carson.army.mil

C. Requests must come from the federally recognized tribal government, either via the tribal chairperson, a NAGPRA representative, or an authorized cultural or spiritual representative.
D. Depending on the circumstances, visitors may need to be escorted on site by Fort Carson personnel.
E. Tribal use of plants or other natural resources under the stewardship of Fort Carson for ceremonial or traditional purposes must be coordinated with the CRM and approved by the Director, DECAM. Article IV: Privacy and Information Sharing
A. Fort Carson shall not provide details of any discovered human remains or cultural items to any media, agency, organization or individual, public or private, with the exception of other federally recognized tribes that may express interest. If it is determined that other parties need to be informed, information may be released upon the approval of all consulting parties.
B. Fort Carson shall not provide details of traditional cultural properties, sacred sites, or other resources of cultural significance to the Tribes to any outside media, agency, organization or individual, public or private, with the exception of Colorado State Historic Preservation Office (SHPO) and the Advisory Council on Historic Preservation (ACHP). If it is determined that other parties need to be informed, information may be released upon the approval of all consulting parties.
C. Both the Tribes and Fort Carson shall comply with the confidentiality provisions of the Archeological Resources Protection Act (ARPA) in 16 U.S.C. 470hh.
D. The Tribes may contact the Fort Carson CRM at any time to request information on cultural resources management activities.
E. Per Section 106 of the National Historic Preservation Act of 1966, as amended, the Tribes will be included in review of Fort Carson undertakings with potential to affect historic properties of cultural significance to the Tribes.
F. Subject to any applicable laws to the contrary, the Tribes may obtain copies of any Fort Carson cultural resources reports of investigations upon request, provided that requests do not exceed the photocopying capacity of the program.
Article V: Terms of the Agreement
A. This agreement shall become binding upon a party when it is signed by an authorized representative of that party.
Each party warrants that it has the requisite authority to execute, deliver, and consummate the stipulations this agreement.
B. Any party may terminate its participation in this agreement by providing thirty (30) days written notice to the other parties.
C. This agreement shall remain in effect so long as Fort Carson and at least one Tribe remain as participants under it.
D. Any party to this agreement may propose in writing that it be amended, whereupon the parties will consult to consider such an amendment.
Anti-Deficiency Act Statement
All commitments made under this agreement are subject to the availability of funds. Nothing in this agreement will be construed as limiting or affecting the legal authorities of the U.S. Army or the Tribes as binding upon the parties to assume or expend funds in excess of available appropriations.