[Federal Register: April 11, 2007 (Volume 72, Number 69)]
[Proposed Rules]
[Page 18192-18193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap07-25]
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DEPARTMENT OF THE INTERIOR
National Park Service
43 CFR Part 10
Consultation On Regulations Regarding The Disposition Of
Unclaimed Native American Human Remains, Funerary Objects, Sacred
Objects, Or Objects Of Cultural Patrimony Excavated Or Discovered On
Federal Or Tribal Lands After November 16, 1990, Pursuant To Provisions
Of The Native American Graves Protection And Repatriation Act (NAGPRA)
AGENCY: National Park Service, Interior.
ACTION: Notice of consultation.
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SUMMARY: This notice of consultation announces three consultation
meetings that will be held to obtain oral and written recommendations
on regulations to be drafted regarding the disposition of unclaimed
Native American human remains, funerary objects, sacred objects, or
objects of cultural patrimony that are excavated or discovered on
Federal or tribal lands after November 16, 1990.
DATES: The three consultation meetings are scheduled for April 18-20,
2007:
1. Tribal consultation: April 18, 2007, 8:30 a.m. to noon, U.S.
Department of the Interior, South Building Auditorium, 1951
Constitution Avenue NW, Washington, DC 20245. Authorized
representatives of Indian tribes and Native Hawaiian organizations and
traditional Native American religious leaders are invited to
participate in this meeting. Tribal representatives wishing to make a
public presentation at this session should submit a request to do so by
April 13, 2007, including evidence that you are authorized to speak on
behalf of an Indian tribe or Native Hawaiian organization.
2. Museum consultation: April 18, 2007, 1 p.m. to 4:30 p.m., U.S.
Department of the Interior, South Building Auditorium, 1951
Constitution Avenue NW., Washington, DC 20245. Authorized
representatives of museums and national museum and scientific
organizations are invited to participate in this meeting. Museum
representatives wishing to make a public presentation at this session
should submit a request to do so by April 13, 2007, including evidence
that you are authorized to speak on behalf of a museum or national
museum or scientific organization.
3. Review Committee consultation: April 19-20, 2007, Sidney R.
Yates Auditorium, Main Interior Building, 1849 C Street NW.,
Washington, DC 20240. Time will be scheduled during the Review
Committee meeting for members of the public to provide oral and written
recommendations. Members of the public wishing to make a public
presentation at the Review Committee meeting should submit a request to
do so by April 13, 2007.
Requests to make presentations at any of the sessions should be
faxed to (202) 371-5197 by April 13, 2007. Written comments should be
postmarked or faxed to Sherry Hutt as indicated under ADDRESSES no
later than May 1, 2007.
ADDRESSES: Written comments may be mailed to Sherry Hutt, Manager,
National NAGPRA Program, National Park Service, 1849 C Street NW,
Washington, DC 20240. Comments may also be faxed to Sherry Hutt at
(202) 371-5197.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment - including your personal identifying
information - may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
The consultation sessions with Indian tribes, Native Hawaiian
organizations, traditional Native American religious leaders, museums
and national museum and scientific organizations on April 18, 2007 will
be held at U.S. Department of the Interior, South Building Auditorium,
1951 Constitution Avenue NW, Washington, DC 20245. The consultation
session with the Native American Graves Protection and Repatriation
Review Committee on April 19-20, 2007 will be held at the Sidney R.
Yates Auditorium, Main Interior Building, 1849 C Street NW.,
Washington, DC 20240. All individuals attending the consultation
sessions will be required to present photo identification to security
officers to gain access to the U.S. Department of the Interior
buildings.
FOR FURTHER INFORMATION CONTACT: Sherry Hutt, Manager, National NAGPRA
Program, National Park Service, 1849 C Street NW., Washington, DC
20240, telephone: (202) 354-1479.
SUPPLEMENTARY INFORMATION: The purpose of the consultation meetings is
to provide Native American organizations, museums and the scientific
community, and the Native American Graves Protection and Repatriation
Review Committee with an opportunity to consult on forthcoming
regulations regarding the disposition of unclaimed Native American
human remains, funerary objects, sacred objects, or objects of cultural
patrimony excavated or discovered on Federal or tribal lands after
November 16, 1990.
The April 18, 2007, 8:30 a.m to noon consultation meeting supports
the Secretary of the Interior's administrative policy on tribal
consultation by encouraging maximum direct participation of
representatives of tribal governments on important Departmental issues
and processes.
The April 18, 2007, 1 p.m. to 4:30 p.m. consultation meeting
supports the Secretary of the Interior's responsibility to consult with
museums and the
[[Page 18193]]
scientific community in the development of these regulations.
The April 19-20, 2007 consultation meeting supports the Secretary
of the Interior's responsibility to consult with the Review Committee
regarding the development of regulations.
The Native American Graves Protection and Repatriation Act provides
criteria for determining the ownership of Native American cultural
items that are excavated or discovered on Federal or tribal lands after
November 16, 1990 [25 U.S.C. 3002 (a)]. Ownership or control of such
items is, with priority given in the order listed:
(1) In the case of human remains and associated funerary objects,
in the lineal descendant of the deceased individual;
(2) In cases where the lineal descendant cannot be ascertained or
no claim is made, and with respect to unassociated funerary objects,
sacred objects, and objects of cultural patrimony:
(i) In the Indian tribe on whose tribal land the human remains,
funerary objects, sacred objects, or objects of cultural patrimony were
discovered inadvertently;
(ii) In the Indian tribe or Native Hawaiian organization that has
the closest cultural affiliation with the human remains, funerary
objects, sacred objects, or objects of cultural patrimony;
(iii) In circumstances in which the cultural affiliation of the
human remains, funerary objects, sacred objects, or objects of cultural
patrimony cannot be ascertained and the objects were discovered
inadvertently on Federal land that is recognized by a final judgment of
the Indian Claims Commission or the United States Court of Claims as
the aboriginal land of an Indian tribe:
(A) In the Indian tribe aboriginally occupying the Federal land on
which the human remains, funerary objects, sacred objects, or objects
of cultural patrimony were discovered, or
(B) If it can be shown that a different Indian tribe or Native
Hawaiian organization has a stronger cultural relationship with the
human remains, funerary objects, sacred objects, or objects of cultural
patrimony, in the Indian tribe or Native Hawaiian organization that has
the strongest demonstrated relationship with the objects [43 CFR 10.6
(a)].
The Act directs that Native American cultural items not claimed
under subsection (a) shall be disposed of in accordance with
regulations promulgated by the Secretary of the Interior in
consultation with the Review Committee, Native American groups,
representatives of museums, and the scientific community [25 U.S.C.
3002 (b)]. One section of the regulations was reserved for procedures
to effect the disposition of Native American cultural items that are
not claimed [43 CFR 10.7].
Participants in the consultation meetings are requested to comment
on the following issues:
(1) How should the regulations address distinctions between:
(a) human remains, funerary objects, sacred objects, or objects of
cultural patrimony remaining in Federal care for which ownership or
control is with a lineal descendant or an Indian tribe or Native
Hawaiian organization on whose lands the cultural items were
discovered?
(b) human remains, funerary objects, sacred objects, or objects of
cultural patrimony remaining in Federal care for which an Indian tribe
or Native Hawaiian organization has stated a claim based on cultural
affiliation, aboriginal land, or cultural relationship?
(c) human remains, funerary objects, sacred objects, or objects of
cultural patrimony remaining in Federal care for which a non-federally
recognized Indian group has stated a claim based on a relationship of
shared group identity?
(d) human remains and associated funerary objects remaining in
Federal care for which no claim has been made?
(2)Do current regulations regarding the curation of Federally-owned
and administered archaeological collections [36 CFR 79] adequately
address the management, preservation, and use of human remains,
funerary objects, sacred objects, or objects of cultural patrimony
remaining in Federal care?
Dated: April 5, 2007.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E7-6789 Filed 4-10-07; 8:45 am]
BILLING CODE 4312-50-S
