13184 Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Rules and Regulations 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 5, 2007. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.439 is amended by 

alphabetically adding commodities to 

the table in paragraph (a) to read as 

follows: 

§ 180.439 Thifensulfuron methyl; 

Tolerances for residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Rice, grain ...................... 0.05 

Rice, straw ...................... 0.05 

Sorghum, grain, forage. .. 0.05 

Sorghum, grain, grain ..... 0.05 

Sorghum, grain, stover ... 0.05 

* * * * * 

* * * * * 

[FR Doc. E7–4762 Filed 3–20–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 10 

RIN 1024–AC84 

Native American Graves Protection 

and Repatriation Act Regulations—

Future Applicability 

AGENCY: Department of the Interior. 

ACTION: Final rule. 

SUMMARY: This final rule relates to one 

section of the regulations implementing 

the Native American Graves Protection 

and Repatriation Act of 1990 (‘‘the 

Act’’). This section outlines procedures 

for the future applicability of the Act to 

museums and Federal agencies. 

DATES: Effective Date: This rule is 

effective April 20, 2007. 

ADDRESSES: Mail inquires to Dr. Sherry 

Hutt, Manager, National NAGPRA 

Program, National Park Service, 1849 C 

Street, NW. (2253), Washington, DC 

20240–0001. Telephone: (202) 354–

1479. Fax: (202) 371–5197. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Case, Regulations Program Manager, 

National Park Service, 1849 C Street, 

NW., Room 7241, Washington, DC 

20240. Phone: (202) 208–4206. E-mail: 

jerry_case@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 16, 1990, the Native 

American Graves Protection and 

Repatriation Act (25 U.S.C. 3001 et seq.) 

was signed into law. The Act addresses 

the rights of lineal descendants, Indian 

tribes, and Native Hawaiian 

organizations to certain Native 

American human remains, funerary 

objects, sacred objects, and objects of 

cultural patrimony with which they are 

affiliated. Section 13 of the Act requires 

the Secretary of the Interior to 

promulgate regulations to carry out 

provisions of the Act. 

Final regulations implementing the 

Act were published in the Federal 

Register on December 4, 1995, (60 FR 

62138), and codified as 43 CFR part 10. 

Five sections were reserved in the final 

regulations with the intention that they 

would be published in the future. One 

of the five reserved sections, designated 

§ 10.13, was set aside to clarify the 

applicability of the Act to museums and 

Federal agencies following the statutory 

deadlines for completion of summaries 

and inventories. 

The Act requires museums and 

Federal agencies, as defined by the Act, 

to provide summaries of their 

collections to any Indian tribe or Native 

Hawaiian organization that is, or is 

likely to be, culturally affiliated with the 

collection by November 16, 1993. The 

Act also requires museums and Federal 

agencies to prepare, in consultation 

with culturally affiliated Indian tribes 

and Native Hawaiian organizations, 

inventories of human remains and 

associated funerary objects by 

November 16, 1995. The Act also 

requires museums and Federal agencies 

to submit notices for publication in the 

Federal Register prior to repatriation. 

Four types of situations are 

anticipated where a museum or Federal 

agency may fall under the jurisdiction of 

the Act after the statutory deadlines: (1) 

The museum or Federal agency receives 

new collections; (2) a previously 

unrecognized Indian group is 

recognized as an Indian tribe; (3) an 

institution in possession or control of 

Native American human remains, 

funerary objects, sacred objects, or 

objects of cultural patrimony receives 

Federal funds for the first time; and (4) 

the museum or Federal agency revises a 

decision previously published in the 

Federal Register. In each case, this final 

rule establishes deadlines for the 

required summaries, inventories, or 

notices. 

This final rule provides museums and 

Federal agencies with a uniform set of 

procedures to ensure that lineal 

descendants, Indian tribes, and Native 

Hawaiian organizations know of the 

existence and location of cultural items 

with which they are affiliated and 

which they may be able to repatriate. 

These procedures facilitate the existing 

repatriation provisions of the Act, and 

are essential to the continued 

effectiveness of the Act. 

Preparation of the Rulemaking 

The proposed rule to clarify future 

applicability of the Act was published 

in the Federal Register on October 20, 

2004 (69 FR 61613). Public comment 

was invited for a 90-day period, ending 

on January 18, 2005. The proposed rule 

was also posted on the National 

NAGPRA Program Web site. The Native 

American Graves Protection and 

Repatriation Review Committee 

commented on the proposed rule at its 

November 2, 2004 teleconference. In 

addition, ten written comments were 

received during the comment period, 

representing three museums; three 

national scientific or museum 

organizations; two Federal agencies; one 

national Native American organization; 

and one non-Federally recognized 

Native American group. Comments 

addressed all sections of the proposed 

rule. All comments were fully 

considered when revising the proposed 

rule as a final rulemaking. 

Changes in Response to Public 

Comment 

Subsection 10.13(a) 

This subsection outlines the purpose 

of the proposed rule to clarify the 

applicability of the Act to museums and 

Federal agencies after expiration of the 

statutory deadlines for completion of 

summaries and inventories. 


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Comment 1: Six commenters 

questioned whether the Department of 

the Interior has authority to promulgate 

regulations establishing new deadlines 

for completion of summaries and 

inventories after those specified in the 

Act. 

Our Response: Three conditions must 

be satisfied before the Secretary can be 

said to have sufficient authority to 

extend the reporting requirements of the 

Act beyond that expressly provided: (1) 

The cultural items affected by the rule’s 

new reporting requirements must be 

subject to repatriation or disposition 

under the existing terms of the Act; (2) 

Congress must have delegated to the 

Secretary the authority to create 

regulations to implement the terms of 

the Act; and (3) the regulations crafted 

by the Secretary must constitute a 

legitimate and lawful exercise of the 

implementation authority delegated by 

Congress. 

The scope of cultural items subject to 

repatriation under Section 7 of Act is 

best discerned from the language of the 

statute itself. Section 7 addresses the 

‘‘repatriation of Native American human 

remains and objects possessed or 

controlled by Federal agencies and 

museums.’’ The only limitations of 

Section 7 are by item type (Native 

American human remains and objects), 

party (Federal agencies and museums), 

and the party’s interest in the cultural 

item (possessed or controlled). Section 7 

establishes procedures by which all 

cultural items in the possession or 

control of Federal agencies and 

museums can be repatriated upon 

demand. Subsections (a)(1) and (a)(2) 

provide conditions for the repatriation 

of cultural items listed in the 

inventories and summaries completed 

according to Sections 5 and 6 of the Act, 

respectively, to known lineal 

descendants or culturally affiliated 

Indian tribes and Native Hawaiian 

organization. Subsections (a)(4) and 

(a)(5) provide conditions for the 

repatriation of cultural items not listed 

in such inventories or summaries. 

Subsection (c) provides additional 

standards for repatriating unassociated 

funerary objects, sacred objects, and 

objects of cultural patrimony separate 

and apart from the standards in 

subsection (a). When added together, 

these individual provisions in Section 7 

establish procedures by which all 

cultural items in the possession or 

control of Federal agencies and 

museums can be repatriated upon 

demand. Thus, the scope of items 

subject to repatriation under Section 7 

extends to all NAGPRA-defined 

‘‘cultural items’’ that are ‘‘possessed or 

controlled by Federal agencies and 

museums.’’

There are three Congressional grants 

of authority that give the Secretary the 

power to issue regulations to implement 

the Act. Section 13 of the Act 

specifically directs the Secretary to 

promulgate regulations to carry out the 

Act. In addition, 25 U.S.C. 2 and 9 give 

the President and his subordinates a 

broad, general authority to issue 

regulations necessary to manage Indian 

affairs and implement legislation related 

to Indians. These three grants of 

legislative authority lead us to conclude 

that Congress has given the Secretary 

sufficient power to promulgate 

regulations to implement the various 

provisions of the Act, including the 

provisions governing the repatriation of 

cultural items in Section 7. 

The Supreme Court established the 

test for assessing the propriety of an 

exercise of rulemaking authority in 

Chevron v. NRDC, 467 U.S. 837 (1984). 

‘‘The power of an administrative agency 

to administer a congressionally created 

* * * program necessarily requires the 

formulation of policy and the making of 

rules to fill any gap left, implicitly or 

explicitly, by Congress. If Congress has 

explicitly left a gap for the agency to fill, 

there is an express delegation of 

authority to the agency to elucidate a 

specific provision of the statute by 

regulation. Such legislative regulations 

are given controlling weight unless they 

are arbitrary, capricious, or manifestly 

contrary to the statute. Sometimes the 

legislative delegation to an agency on a 

particular question is implicit rather 

than explicit. In such a case, a court 

may not substitute its own construction 

of a statutory provision for a reasonable 

interpretation made by the 

administrator of an agency.’’ Chevron v. 

NRDC, 467 U.S. 837, 843. 

The Act does not clearly indicate how 

museums that become subject to the 

Section 7 requirements after the 

expiration of the statutory reporting 

requirements are to disseminate 

information about cultural items in their 

possession or control to potential 

repatriation claimants. The Act also 

does not set clear procedures for Indian 

tribes or Native Hawaiian organizations 

to learn of cultural items for which they 

have a right to repatriate under Section 

7. This rule facilitates the repatriation 

process, a core function of the Act, by 

requiring museums and Federal 

agencies to prepare and disseminate 

information regarding their newly 

acquired or newly regulated collections. 

It addresses a gap left in the statute 

regarding how the Section 7 repatriation 

process is to be implemented once the 

statutory reporting requirements end. 

Congress expressly delegated to the 

Secretary, through Section 13 of Act, 

and through 25 U.S.C. 2 and 9, the 

authority to fill such gaps. Without the 

dissemination of information about the 

collections held by Federal agencies and 

museums as envisioned by the proposed 

rule, the repatriation of cultural items 

under Section 7 would be frustrated. 

Without such information, lineal 

descendants and Indian tribes may not 

otherwise learn about the existence or 

location of cultural items to which they 

have rights under the statute. 

Furthermore, the process provided in 

this rule is consistent with the 

Secretary’s longstanding interpretation 

that additional procedures were 

necessary for implementing the 

summary and inventory provisions after 

the statutory deadlines. The present 

section was initially proposed as a 

reserved section on May 28, 1993, (58 

FR 31127), and finalized as a reserved 

section on December 4, 1995, (60 FR 

62115). In its December 21, 2004 Chief’s 

Directive, the Fish and Wildlife Service 

directed its officers to comply with 

Section 7’s repatriation process for all 

cultural items ‘‘that are seized or in the 

possession of Service officers as a result 

of Service investigations.’’ The National 

Park Service, as well, has issued letters 

stating that a museum ‘‘does have an 

obligation to update its summaries and 

inventories to reflect newly acquired 

collections and newly recognized Indian 

tribes,’’ and that cultural items that 

came into a museum’s possession after 

January 1, 2000, are subject to the Act 

[Letter from Francis P. McManamon, 

Departmental Consulting Archaeologist, 

National Park Service, to Michael Sims, 

Middle Tennessee Support Group, 

American Indian Movement (Jul. 31, 

1997) (emphasis in original)]. These 

administrative statements demonstrate 

the Department’s understanding that the 

Section 7 repatriation process applies, 

without limitation, to all cultural items 

within the possession or control of a 

Federal agency or museum. We 

conclude that facilitating the 

repatriation process by administratively 

requiring the dissemination of 

information about cultural items subject 

to repatriation is neither arbitrary, 

capricious, nor manifestly contrary to 

the Act, but instead constitutes a 

reasoned approach to implementing the 

Section 7 of the Act. As such, we find 

that this rule constitutes a proper 

exercise of the Secretary’s delegated 

rulemaking authority. 

Comment 2: One commenter thought 

the proposed deadline for summaries 

and inventories were reasonable as long 

as the Act’s recognition of good faith 


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effort when those deadlines cannot be 

met continues to apply. 

Our Response: The Act explicitly 

authorizes the Secretary of the Interior 

to extend the inventory time 

requirement for any museum which has 

made a good faith effort but has been 

unable to complete the inventory 

process [25 U.S.C. 3003(c)]. The 

statutory provisions are reiterated in 

§ 10.9 of the regulations, which were 

incorporated by reference in the 

proposed future applicability rule. 

However, additional text has been 

added to § 10.13(b)(1)(ii) and (c)(1)(ii) to 

explicitly state that inventory 

extensions are available to museums 

that have made a good faith effort but 

have been unable to complete the 

inventory process. 

Comment 3: The drafters noted that 

the consultation requirements in 

§ 10.13(b)(i), (b)(ii), (d)(i), and (d)(ii) of 

the proposed rule were limited to 

‘‘culturally affiliated’’ Indian tribes and 

Native Hawaiian organizations while 

the consultation requirements in 

§ 10.8(c) and 10.9(b) applies to a broader 

group of Indian tribes and Native 

Hawaiian organizations. 

Our Response: Section 10.8(c) and 

10.9(b) require museums and Federal 

agencies to consult with Indian tribe 

officials and traditional religious 

leaders: (1) From whose tribal lands 

cultural items originated; (2) that are, or 

are likely to be, culturally affiliated with 

cultural items; and (3) from whose 

aboriginal lands cultural items 

originated. The drafters intend the same 

consultation standards to apply to 

consultation situations covered in this 

rule. The text has been revised to 

require consultation with ‘‘affiliated’’

Indian tribes and Native Hawaiian 

organizations, to include the range 

specified in § 10.8(c) and 10.9(b). 

Subsection 10.13(b) 

This subsection establishes deadlines 

for completing summaries and 

inventories of collections received after 

expiration of the statutory deadlines. 

Comment 4: One commenter 

requested clarification as to whether the 

term ‘‘collection’’ can refer to a single 

human remain, funerary object, sacred 

object, or object of cultural patrimony. 

Our Response: The summary and 

inventory requirements of the Act apply 

to ‘‘holdings or collections’’ of Native 

American human remains, funerary 

objects, sacred objects, or objects of 

cultural patrimony [25 U.S.C. 3003(a) 

and 3004(a)]. The phrase ‘‘holding or’’

has been added before ‘‘collection’’

throughout the section to clarify that the 

summary and inventory requirements of 

the Act apply to both single and 

multiple human remains, funerary 

objects, sacred objects, or objects of 

cultural patrimony. 

Comment 5: One commenter 

recommended exempting a museum or 

Federal agency from completing a 

summary or inventory of a newly 

acquired collection if that collection had 

been previously reported in a summary 

or inventory by another museum or 

Federal agency. 

Our Response: The drafters do not 

intend to require museums or Federal 

agencies to complete a summary or 

inventory of a holding or collection if it 

had been previously reported in a 

summary or inventory by another 

museum or Federal agency. However, 

the receiving museum or Federal agency 

does have an obligation to notify lineal 

descendants and culturally affiliated 

Indian tribes identified in the earlier 

summary or inventory of the change in 

possession and control of the holding or 

collection. Text has been added to 

clarify that a museum or Federal agency 

may rely upon a previously prepared 

summary or inventory. The receiving 

museum or Federal agency must 

provide a copy of the previously 

prepared summary or inventory to all 

affiliated Indian tribes or Native 

Hawaiian organizations, along with 

notification that the museum or Federal 

agency has assumed possession and 

control of the holding or collection. 

Comment 6: One commenter 

recommended defining ‘‘substantive 

change.’’

Our Response: The term ‘‘substantive 

change,’’ along with the example in the 

following sentence, has been replaced 

with text indicating that publication of 

a notice in the Federal Register is not 

required if there is no change in the 

number or cultural affiliation of the 

cultural items listed in the previous 

notice. 

Comment 7: One commenter 

recommended allowing a museum or 

Federal agency to proceed with 

repatriation of newly found fragments 

from previously repatriated cultural 

items regardless of whether the previous 

repatriation occurred prior to or after 

establishment of the Act. 

Our Response: The Act may not be 

construed to delay actions on 

repatriation requests that were pending 

on November 16, 1990 [25 U.S.C. 3009 

(2)]. Newly found fragments from 

cultural items that were repatriated 

prior to November 16, 1990 may be 

repatriated to the same party without 

publication of a notice in the Federal 

Register. Newly found fragments from 

cultural items that were repatriated after 

November 16, 1990 may not be 

repatriated without publication of a 

notice in the Federal Register, unless 

the newly found fragments do not result 

in a change in the number or cultural 

affiliation of the cultural items listed in 

the previous notice. 

Comment 8: One commenter 

recommended that the regulation clarify 

that there is no obligation to revisit 

collections that had been previously 

repatriated in good faith. 

Our Response: The only obligation to 

revisit previously repatriated holdings 

or collections would be to determine if 

the newly found fragments will result in 

a change in the number or cultural 

affiliation of the cultural items listed in 

a previously published notice. While 

such a review may reveal discrepancies 

in the original summary or inventory, 

Section 7 (f) of the Act states that any 

museum that repatriates cultural items 

in good faith is not liable for claims by 

an aggrieved party or for claims of 

breach of fiduciary duty, public trust, or 

violations of state law that are 

inconsistent with provisions of the Act. 

Subsection 10.13(c) 

This subsection establishes deadlines 

for completing summaries and 

inventories when a previously nonFederally recognized Indian group is 

acknowledged as an Indian tribe by the 

Secretary. 

Comment 9: One commenter 

recommended that museums and 

Federal agencies should be required to 

provide summaries and inventories to 

newly recognized Indian tribes ‘‘as soon 

as practicable.’’

Our Response: Specific deadlines are 

necessary to ensure that summaries and 

inventories are completed 

expeditiously. The recommended 

change has not been made. 

Comment 10: Seven commenters 

recommended that the National Park 

Service ensure that information 

regarding the acknowledgment of new 

Indian tribes is made available to 

museums and Federal agencies. 

Our Response: The Secretary is 

required to publish a list of Indian 

Entities Recognized and Eligible to 

Receive Services from the United States 

in the Federal Register on or before 

January 30 of each year [Pub. L. 103–

454, 108 Stat. 4791]. The purpose of the 

list is to assist various departments and 

agencies of the United States in 

determining the eligibility of certain 

groups to receive Federal services. Since 

1990, six tribal entities have been newly 

acknowledged as eligible for funding 

and services by virtue of their status as 

Indian tribes. These are the Jena Band 

of Choctaws, Huron Potawatomi Inc., 

and Samish Indian Tribe (listed on 

November 13, 1996); Snoqualmie Indian 


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Tribe and Match-e-be-nash-she-wish 

Band of Pottawatomi Indians of 

Michigan (listed on March 13, 2000); 

and Cowlitz Tribe of Indians (listed on 

July 12, 2002). In order to facilitate 

consultation with newly acknowledged 

Indian tribes, the National Park Service 

will identify newly acknowledged 

Indian tribes on the National NAGPRA 

Program Web site—http:// 

www.cr.nps.gov/nagpra/—and will 

include contact and other relevant 

information as it comes available for 

each Indian tribe on the National 

Consultation Database. 

Comment 11: One commenter 

recommended that the Department of 

the Interior provide specific notice that 

a new Indian tribe has been 

acknowledged to each museum and 

Federal agency and have the deadlines 

run from that notification. 

Our Response: The summary and 

inventory provisions of the Act apply to 

Federal agencies and institutions that 

receive Federal funds that have 

possession or control of Native 

American cultural items. There is no 

centralized information source to 

identify all institutions that receive 

Federal funds nor of all institutions that 

have possession or control of Native 

American cultural items. Providing 

specific notification that a new Indian 

tribe has been acknowledges is thus 

impractical. The National Park Service 

will ensure that information regarding 

new Indian tribes is readily available 

through the National NAGPRA Program 

Web site. 

Comment 12: One commenter 

recommended that the rule require 

museums and Federal agencies to 

provide summaries and inventories to 

all non-Federally recognized Indian 

groups currently involved in the Federal 

acknowledgement process. 

Our Response: Nothing in the Act or 

regulations precludes museums and 

Federal agencies from consulting with 

or providing information to nonFederally recognized Indian groups. 

Disposition of human remains and 

associated funerary objects to nonFederally recognized Indian groups is 

currently facilitated by the Native 

American Graves Protection and 

Repatriation Review Committee and a 

recommendation from the Secretary. 

Requiring the disposition of cultural 

items to a non-Federally recognized 

Indian group would appear to be 

beyond the Secretary’s authority under 

the Act. 

Subsection 10.13(d) 

This subsection establishes deadlines 

for completing summaries and 

inventories by any institution that 

receives Federal funds for the first time. 

Comment 13: One commenter 

recommended that the National Park 

Service provide notification of the 

summary and inventory requirements to 

all institutions that receive Federal 

funds for the first time. 

Our Response: There is no centralized 

information source to identify all 

institutions that receive Federal funds. 

Subsection 10.13(e) 

This subsection establishes 

requirements for amending previously 

published Federal Register notices 

when a museum or Federal agency 

revises its identification of cultural 

items or determination of cultural 

affiliation. 

Comments 14: One commenter 

identified the requirements as 

reasonable, but questioned that perhaps 

such requirements are already covered 

by existing regulations. 

Our Response: As currently written, 

§ 10.8 does not establish a deadline for 

a museum or Federal agency to 

complete a summary if it acquires new 

holdings or collections, or a new Indian 

tribe is recognized, or it receives Federal 

funds for the first time. Similarly, § 10.9 

does not establish a deadline for a 

museum or Federal agency to complete 

an inventory if it acquires new holdings 

or collections, or a new Indian tribe is 

recognized, or it receives Federal funds 

for the first time. Without the 

information provided in summaries and 

inventories, an Indian tribe and Native 

Hawaiian organization has no way to 

have its right to repatriate under Section 

7 of the Act. While many museums and 

Federal agencies have continued to 

update their summaries and inventories 

to accommodate new collections and 

newly recognized Indian tribes, the 

absence of regulations leaves them 

without clear guidance on how and 

when to provide summaries and 

inventories to possible claimants. The 

absence of regulations is likely to result 

in museums and Federal agencies 

accumulating a growing number of 

culture items that could otherwise 

rightfully be repatriated by lineal 

descendants or culturally affiliated 

Indian tribes or Native Hawaiian 

organizations. 

Other Issues 

Comment 15: One commenter 

recommended revising references in 

other sections of the rule to the 

Departmental Consulting Archeologist, 

to whom the Secretary had previously 

delegated some responsibilities under 

the Act, to the Manager, National 

NAGPRA Program. 

Our Response: These duties were 

reassigned to the Manager, National 

NAGPRA Program by means of a 

technical amendment. September 30, 

2005, (70 FR 57177). 

Comment 16: One commenter 

questioned the legal citation for the 

right of possession as used in the 

discussion of Executive Order 12630 in 

the preamble. 

Our Response: The commenter 

accurately points out that 25 U.S.C. 

3005 (c) specifically addresses the 

standard of repatriation for unassociated 

funerary objects, sacred objects, and 

objects of cultural patrimony. Reference 

to that section has been removed from 

the preamble to the rule. However, 

nothing in the Act requires museums to 

repatriate human remains, funerary 

objects, sacred objects, or objects of 

cultural patrimony for which they can 

prove right of possession 

Comment 17: One commenter 

questioned the public reporting burden 

estimated in the preamble. 

Our Response: The commenter failed 

to provide evidence showing that the 

estimated public reporting burden of an 

average of 20 hours for the exchange of 

summary/inventory information 

between a museum and an Indian tribe 

and six hours per response for the 

notification to the Secretary of the 

Interior, including time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining data 

needed and completing and reviewing 

the collected information is not 

reasonable. 

Comment 18: One commenter 

questioned whether time limits should 

be set for repatriation. 

Our Response: This issue will be 

considered in a future rulemaking for 

the currently reserved section at 10.15 

(b) regarding failure to claim where no 

repatriation or disposition has occurred. 

Compliance With Other Laws 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and has not been reviewed by the 

Office of Management and Budget under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. Actions taken under 

this rule will not interfere with other 


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13188 Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Rules and Regulations 

agencies or local government plans, 

policies or controls. This rule is an 

agency specific rule. 

(3) This rule does not alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs, or the rights 

or obligations of their recipients. This 

rule will have no effects on 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients. No grants or other 

forms of monetary supplements are 

involved. 

(4) This rule does not raise novel legal 

or policy issues. 

Regulatory Flexibility Act 

This rule will not have a significant 

economic effect on a substantial number 

of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.). 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This final rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments, or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. A takings 

implication assessment is not required, 

since the rule does not compel the 

repatriation of Native American cultural 

items, nor does it affect any item not 

already subject to repatriation under 

NAGPRA. Further, museums are only 

required to repatriate human remains, 

funerary objects, sacred objects, or 

objects of cultural patrimony for which 

they cannot prove right of possession 

[25 U.S.C. 3001(13) and 3005(c)]. 

Federalism (Executive Order 12612) 

In accordance with Executive Order 

12612, the rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

A Federalism Assessment is not 

required. 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

does not meet the requirements of 

sections 3(a) and 3(b) of the order. 

Paperwork Reduction Act 

The collection of information 

contained in this rule has been 

submitted to the Office of Management 

and Budget for approval as required by 

44 U.S.C. 3501 et seq. The collection of 

this information will not be required 

until it has been approved by the Office 

of Management and Budget. Public 

reporting burden for this collection of 

information is expected to average 20 

hours for the exchange of summary/ 

inventory information between a 

museum and an Indian tribe and six 

hours per response for the notification 

to the Secretary of the Interior, 

including time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collected information. 

Send comments regarding this burden 

estimate or any other aspects of this 

collection of information, including 

suggestions for reducing the burden, to 

Information Collection Officer, Attn: 

Docket No. 1024–AC84, National Park 

Service, Department of Interior 

Building, 1849 C Street, NW., Room 

3317, Washington, DC 20240, and the 

Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, Attention: Desk Officer for the 

Department of the Interior, Washington, 

DC 20503. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment and 

can be Categorically Excluded under 

NPS exclusion 3.4A(8) ‘‘Modifications 

or revisions to existing regulations, or 

the promulgation of new regulations for 

NPS-administered areas, provided the 

modifications, revisions, or new 

regulations do not: 

(a) Increase public use to the extent of 

compromising the nature and character 

of the area or cause physical damage to 

it. 

(b) Introduce non-compatible uses 

that might compromise the nature and 

characteristics of the area or cause 

physical damage to it. 

(c) Conflict with adjacent ownerships 

or land uses. 

(d) Cause a nuisance to adjacent 

owners or occupants.’’

Government-to-Government 

Relationship With Tribes 

The rule clarifies the circumstances in 

which museums and Federal agencies 

are required to provide summaries and 

inventories thereby increasing notice 

and opportunity for Indian tribes to 

repatriate cultural items. As required by 

Executive Order 13175, the drafters 

consulted with representatives of Indian 

tribal governments prior to and during 

the development of the proposed rule as 

part of multiple, duly-noticed public 

meetings held by the Native American 

Graves Protection and Repatriation 

Review Committee. No Indian tribes 

raised concerns regarding the proposed 

rule during the comment period. 

Clarity of Rule 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite comments on 

how to make this rule easier to 

understand, including answers to 

questions such as the following—(1) Are 

the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? (A ‘‘section’’

appears in bold type and is preceded by 

the symbol ‘‘§ ’’ and a numbered 

heading; for example, § 10.13 Future 

Applicability.) (5) Is the description of 

the rule in the SUPPLEMENTARY

INFORMATION section of the preamble 

helpful in understanding the proposed 

rule? What else could we do to make the 

rule easier to understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street, 

NW., Washington, DC 20240. You may 

also e-mail the comments to: 

exsec@os.doi.gov. 

Drafting Information 

This final rule was prepared by Dr. C. 

Timothy McKeown in consultation with 

the Native American Graves Protection 

and Repatriation Review Committee as 

directed by Section 8(c)(7) of the Act. 


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Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Rules and Regulations 13189 

List of Subjects in 43 CFR Part 10 

Administrative practice and 

procedure, Graves, Hawaiian Natives, 

Historic preservation, Indians—claims, 

Museums, Reporting and recordkeeping 

requirements, Repatriation. 

■ In consideration of the foregoing, 43 

CFR Subtitle A is amended as follows. 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

■ 1. The authority for part 10 continues 

to read as follows: 

Authority: 25 U.S.C. 3001 et seq. 

■ 2. Add § 10.13 to read as follows: 

§ 10.13 Future applicability. 

(a) General. This section sets forth the 

applicability of the Act to museums and 

Federal agencies after expiration of the 

statutory deadlines for completion of 

summaries and inventories. 

(b) New holdings or collections. 

(1) Any museum or Federal agency 

that, after completion of the summaries 

and inventories as required by §§ 10.8 

and 10.9, receives a new holding or 

collection or locates a previously 

unreported current holding or collection 

that may include human remains, 

funerary objects, sacred objects or 

objects of cultural patrimony, must: 

(i) Within 6 months of receiving a 

new holding or collection or locating a 

previously unreported current holding 

or collection, or within 6 months of the 

effective date of this rule, whichever is 

later, provide a summary of the holding 

or collection as required by § 10.8 to any 

Indian tribe or Native Hawaiian 

organization that is, or is likely to be, 

affiliated with the collection; and 

(ii) Within 2 years of receiving a new 

holding or collection or locating a 

previously unreported current holding 

or collection, or within 2 years of the 

effective date of this rule, whichever is 

later, prepare, in consultation with any 

affiliated Indian tribe or Native 

Hawaiian organization, an inventory as 

required by § 10.9 of these regulations. 

Any museum that has made a good faith 

effort to complete its inventory, but 

which will be unable to complete the 

process by this deadline, may request an 

extension of the time requirements 

under § 10.9(f). 

(2) Additional pieces or fragments of 

previously repatriated human remains, 

funerary objects, sacred objects and 

objects of cultural patrimony may be 

returned to the appropriate Indian tribe 

or Native Hawaiian organization 

without publication of a notice in the 

Federal Register, as otherwise required 

under §§ 10.8(f) and 10.9(e), if they do 

not change the number or cultural 

affiliation of the cultural items listed in 

the previous notice. 

(3) A museum or Federal agency that 

receives a new holding or collection for 

which a summary or inventory was 

previously prepared, as required by 

§§ 10.8 or 10.9, may rely upon the 

previously prepared documents. The 

receiving museum or Federal agency 

must provide a copy of the previously 

prepared summary or inventory to all 

affiliated Indian tribes or Native 

Hawaiian organizations, along with 

notification that the receiving museum 

or Federal agency has assumed 

possession and control of the holding or 

collection. 

(c) New Indian tribes. 

(1) Any museum or Federal agency 

that has possession or control of human 

remains, funerary objects, sacred 

objects, or objects of cultural patrimony 

that are, or are likely to be, culturally 

affiliated with a newly Federally 

recognized Native American tribe, must: 

(i) Within 6 months of the publication 

in the Federal Register of the Native 

American group’s placement on the list 

of Indian Entities Recognized and 

Eligible to Receive Services from the 

United States Bureau of Indian Affairs, 

or within 6 months of the effective date 

of this rule, whichever is later, provide 

a summary of the collection as required 

by § 10.8 to that Indian tribe; and 

(ii) Within 2 years of the publication 

in the Federal Register of the Native 

American group’s placement on the list 

of Indian Entities Recognized and 

Eligible to Receive Services from the 

United States Bureau of Indian Affairs, 

or within 2 years of the effective date of 

this rule, whichever is later, prepare, in 

consultation with the newly recognized 

culturally affiliated Indian tribe an 

inventory as required by § 10.9. Any 

museum that has made a good faith 

effort to complete its inventory, but 

which will be unable to complete the 

process by this deadline, may request an 

extension of the time requirements 

under § 10.9(f). 

(2) The list of Indian Entities 

Recognized and Eligible to Receive 

Services from the United States Bureau 

of Indian Affairs is published in the 

Federal Register as required by 

provisions of the Federally Recognized 

Indian Tribe List Act of 1994 [Pub. L. 

103–454, 108 Stat. 4791]. 

(d) New Federal funds. Any museum 

that has possession or control of human 

remains, funerary objects, sacred 

objects, or objects of cultural patrimony 

and receives Federal funds for the first 

time after expiration of the statutory 

deadlines for completion of summaries 

and inventories must: 

(1) Within 3 years of the date of 

receipt of Federal funds, or within 3 

years of the effective date of this rule, 

whichever is later, provide a summary 

of the collection as required by § 10.8 to 

any Indian tribe or Native Hawaiian 

organization that is, or is likely to be, 

culturally affiliated with the collections; 

and 

(2) Within 5 years of the date of 

receipt of Federal funds, or within 5 

years of the effective date of this rule, 

whichever is later, prepare, in 

consultation with any affiliated Indian 

tribe or Native Hawaiian organization, 

an inventory as required by § 10.9. 

(e) Amendment of previous decision. 

(1) Any museum or Federal agency 

that has previously published a notice 

in the Federal Register regarding the 

intent to repatriate unassociated 

funerary objects, sacred objects, and 

objects of cultural patrimony under 

§ 10.8(f), or the completion of an 

inventory of Native American human 

remains and associated funerary objects 

as required by § 10.9(e), must publish an 

amendment to that notice if, based on 

subsequent information, the museum or 

Federal agency revises its decision in a 

way that changes the number or cultural 

affiliation of the cultural items listed. 

(2) Repatriation may not occur until at 

least 30 days after publication of the 

amended notice in the Federal Register. 

(f) All actions taken as required by 

this section must also comply with all 

other relevant sections of 43 CFR 10. 

Dated: March 6, 2007. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E7–5113 Filed 3–20–07; 8:45 am] 

BILLING CODE 4312–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 05–311; FCC 06–180] 

Implementation of Section 621(a)(1) of 

the Cable Communications Policy Act 

of 1984 as amended by the Cable 

Television Consumer Protection and 

Competition Act of 1992 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission adopts rules and provides 

guidance to implement section 621(a)(1) 

of the Communications Act. The 

Commission solicited and reviewed 

comments on this section and found 


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