[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Proposed Rules]
[Pages 45213-45214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15823]


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DEPARTMENT OF THE INTERIOR

National Park Service

43 CFR Part 10


Consultation and Dialogue 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 and a facilitated dialogue session (recommended by the Review 
Committee) that will be held to obtain additional 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. Previous 
consultation meetings were held November, 2005, and April, 2007.


DATES: 
    The four consultation/dialogue sessions are scheduled for October 
14-16, 2007:
    1. Tribal consultation: October 14, 2007, 8:30 a.m. to 10:30 a.m., 
Chaparral Suites Resort, 5001 North Scottsdale Rd., Scottsdale, AZ 
85250. 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 October 8, 2007, including evidence that you are authorized 
to speak on behalf of an Indian tribe or Native Hawaiian organization.
    2. Museum consultation: October 14, 2007, 10:45 a.m. to 12:45 p.m., 
Chaparral Suites Resort, 5001 North Scottsdale Rd., Scottsdale, AZ 
85250. Authorized representatives of museums and national museum and 
scientific organizations are invited to participate in this meeting. 
Representatives wishing to make a public presentation at this session 
should submit a request to do so by October 8, 2007, including evidence 
that you are authorized to speak on behalf of a museum or national 
museum or scientific organization.
    3. Museum-Tribal Dialogue: October 14, 2007, 2:30 p.m. to 5:00 
p.m., Chaparral Suites Resort, 5001 North Scottsdale Rd., Scottsdale, 
AZ 85250. This facilitated discussion, recommended by the Review 
Committee, will provide the authorized representatives of Indian 
tribes, Native Hawaiian organizations, museums, and national museum and 
scientific organizations with a forum to identify points of agreement 
regarding the disposition of unclaimed Native American human remains, 
funerary objects, sacred objects, or objects of cultural patrimony. The 
results of the museum-tribal dialogue will be reported to the Review 
Committee at its October 15-16, 2007, meeting.
    4. Review Committee consultation: October 15-16, 2007, 8:30 a.m. to 
5:00 p.m., Heard Museum, 2301 North Central Ave., Phoenix, AZ 85004. 
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 October 8, 2007.
    Requests to make presentations or participate at any of the 
sessions should be faxed to (202) 371-5197 by October 8, 2007. Written 
comments should be postmarked or faxed to Sherry Hutt as indicated 
under ADDRESSES no later than December 1, 2007.

ADDRESSES: Written comments and requests for public presentations 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/dialogue sessions with Indian tribes, Native 
Hawaiian organizations, traditional Native American religious leaders, 
museums and national museum and scientific organizations on October 14, 
2007 will be held at Chaparral Suites Resort, 5001 North Scottsdale 
Rd., Scottsdale, AZ

[[Page 45214]]

85250. The consultation session with the Native American Graves 
Protection and Repatriation Review Committee on October 15-16, 2007 
will be held at Heard Museum, 2301 North Central Ave., Phoenix, AZ 
85004.

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/dialogue 
sessions 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. Previous consultation meetings were held 
November 15-17, 2005, in Albuquerque, NM, and April 18-20, 2007, in 
Washington, DC.
    The October 14, 2007, 8:30 a.m. to 10:30 a.m. 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 October 14, 2007, 10:45 a.m. to 12:45 p.m. consultation meeting 
supports the Secretary of the Interior's responsibility to consult with 
museums and the scientific community in the development of these 
regulations.
    The October 14, 2007, 2:30 p.m. to 5:00 p.m. museum-tribal 
facilitated dialogue responds to a recommendation of the Review 
Committee.
    The October 15-16, 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)]. The ownership or control of 
such items is, with priority given in the order listed:
    (1) in the case of Native American human remains and associated 
funerary objects, in the lineal descendants of the Native American; or
    (2) in any case in which such lineal descendants cannot be 
ascertained, and in the case of unassociated funerary objects, sacred 
objects, and objects of cultural patrimony.
    (A) in the Indian tribe or Native Hawaiian organization on whose 
tribal land such objects or remains were discovered;
    (B) In the Indian tribe or Native Hawaiian organization which has 
the closest cultural affiliation with such remains or objects and 
which, upon notice, states a claim for such remains or objects; or
    (C) If the cultural affiliation of the objects cannot be reasonably 
ascertained and if the objects were discovered 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 some Indian 
tribe.
    (i) Iin the Indian tribe that is recognized as aboriginally 
occupying the area in which the objects were discovered, if upon 
notice, such tribe states a claim for such remains or objects, or
    (ii) If it can be shown by a preponderance of the evidence that a 
different tribe has a stronger cultural relationship with the remains 
or objects than the tribe or organization specified in paragraph (i), 
in the Indian tribe that has the strongest demonstrated relationship, 
if upon notice, such tribe states a claim for such remains or objects.
    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: July 11, 2007.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E7-15823 Filed 8-10-07; 8:45 am]
BILLING CODE 4312-50-S