---
title: "Map federal historic-property and Native American cultural-item duties for a project"
url: "https://ailawframework.com/practice/native-title-and-first-nations-legal-work/map-cultural-heritage-permit-and-consultation-duties-for-a-project/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A36-T1-R9-US"
practice_area: "Native Title & First Nations Legal Work"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Map federal historic-property and Native American cultural-item duties for a project

> 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.…

Canonical page: https://ailawframework.com/practice/native-title-and-first-nations-legal-work/map-cultural-heritage-permit-and-consultation-duties-for-a-project/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 | 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 | United States |
| Applies to | [Map cultural-heritage permit and consultation duties for a project](https://ailawframework.com/practice/native-title-and-first-nations-legal-work/map-cultural-heritage-permit-and-consultation-duties-for-a-project.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Future-act, indigenous land-use agreement and native-title claim procedures have no US equivalent. They are not on this map.
- Open subsection (c) of section 3002 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 (Native American Graves Protection and Repatriation Act, ownership and excavation)](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 |
| --- | --- | --- | --- |
| [Cultural heritage duty of care assessment for a project: checklist and record (Aboriginal Cultural Heritage Act 2003 (Qld) s 23 and the gazetted guidelines)](https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/cultural-heritage-duty-of-care-checklist-qld.md) | Checklist | Red | Project checklist for a land user in Queensland: which activity category applies under the duty of care guidelines, the s 23(2) factors a court may consider, register and database searches, when to… |

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.*