Map federal historic-property and Native American cultural-item duties for a project
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Make two rows: section 306108 if the project is a federal or federally assisted or licensed undertaking, and section 3002 if excavation on federal or tribal land is proposed. Leave the row blank where the instructions do not show the trigger.
- What the lawyer must review
- There is no Native Title Act and no native-title register. 54 USC section 306108 requires the federal agency head to take into account the effect of the undertaking on any historic property and to give the Advisory Council a reasonable opportunity to comment, before funds are approved or a licence is issued. 25 USC section 3002 sets ownership of Native American human remains and cultural items excavated or discovered on federal or tribal lands after 16 November 1990, and it allows intentional excavation or removal only if subsection (c) is met, including the ownership rules in subsections (a) and (b). State cultural-resource laws are additional and were not opened here. Model Rule 1.6 and Opinion 512: do not put culturally sensitive or confidential tribal information into a public tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.