---
title: "Extract benefit and heritage clauses from a supplied land-use agreement"
url: "https://ailawframework.com/practice/native-title-and-first-nations-legal-work/extract-benefit-schedule-and-heritage-protocol-terms-from-a-land-use-agr/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A36-A20260923-3-US"
practice_area: "Native Title & First Nations Legal Work"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Extract benefit and heritage clauses from a supplied land-use agreement

> Quote the benefit and heritage clauses the supplied agreement already contains, with the page of each.…

Canonical page: https://ailawframework.com/practice/native-title-and-first-nations-legal-work/extract-benefit-schedule-and-heritage-protocol-terms-from-a-land-use-agr/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Native Title & First Nations Legal Work](https://ailawframework.com/practice/native-title-and-first-nations-legal-work.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Quote the benefit and heritage clauses the supplied agreement already contains, with the page of each. Add a row for 54 USC section 306108 only if the file describes a federal or federally assisted or licensed undertaking, and a row for 25 USC section 3002 only if the file describes excavation on federal or tribal land. Write no conclusion that the site is clear. |
| What the lawyer must review | There is no native-title register and no Indigenous land-use agreement procedure in the sources opened. The quote is the agreement the lawyer supplied. 54 USC section 306108 requires the head of a federal agency with jurisdiction over a federal or federally assisted undertaking, and the head of an agency that licenses an undertaking, to take into account the effect on any historic property before approving federal funds or issuing the license, and to give the Advisory Council on Historic Preservation a reasonable opportunity to comment. The term historic property is used because of the definition in section 300308, which was not opened. 25 USC section 3002 sets ownership of Native American human remains and cultural items excavated or discovered on federal or tribal lands after November 16, 1990, and it permits intentional excavation or removal only if subsection (c) is met. The conditions in subsection (c) were not fully listed here. An agreement between private parties does not perform the agency duty in section 306108 and does not permit an excavation. Opinion 512 and Model Rule 1.6. |
| Written for | United States |
| Applies to | [Extract benefit-schedule and heritage-protocol terms from a land-use agreement](https://ailawframework.com/practice/native-title-and-first-nations-legal-work/extract-benefit-schedule-and-heritage-protocol-terms-from-a-land-use-agr.md) |

## Checking plan

- What the AI does: Quote the benefit and heritage clauses the supplied agreement already contains, with the page of each. Add a row for 54 USC section 306108 only if the file describes a federal or federally assisted or licensed undertaking, and a row for 25 USC section 3002 only if the file describes excavation on federal or tribal land. Write no conclusion that the site is clear.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not call the agreement an Indigenous land-use agreement or treat it as registration of anything.
- Open section 3002(c) in full before you say an excavation is permitted.

## Sources

- [54 USC section 306108 (effect of an undertaking on historic property)](https://www.law.cornell.edu/uscode/text/54/306108) (checked 2026-10-22)
- [25 USC section 3002 (ownership and excavation of Native American cultural items)](https://www.law.cornell.edu/uscode/text/25/3002) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Indigenous Cultural and Intellectual Property (ICIP) clause for project, commission and publication contracts](https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/icip-clause-for-project-and-publication-contracts.md) | Clause | Yellow | Contract clause that protects ICIP beyond copyright: acknowledges the community as custodian, limits use to the consented purpose, requires new consent for new uses, protects secret and sacred… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*