[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Rules and Regulations]
[Pages 41292-41294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X97-20801]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 10

RIN 1024-AC07


Native American Graves Protection and Repatriation Act 
Regulations

AGENCY: Department of the Interior

ACTION: Correcting amendments to final regulations

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SUMMARY: This document contains corrections to the final regulations 
which were published in the Federal Register of Monday, December 4, 
1995

[[Page 41293]]

(60 FR 62134). These regulations established definitions and procedures 
for lineal descendants, Indian tribes, Native Hawaiian organizations, 
museums, and Federal agencies to carry out the Native American Graves 
Protection and Repatriation Act of 1990.
EFFECTIVE DATE: January 3, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. Francis P. McManamon, Departmental 
Consulting Archeologist, Archeology and Ethnography Program, National 
Park Service, Mailstop 2275, 1859 C Street NW, Washington DC 20240. 
Telephone: (202) 343-4101. Fax: (202) 523-1547.
SUPPLEMENTARY INFORMATION:

Background

    On November 16, 1990, President George Bush signed into law the 
Native Ame rican Graves Protection and Repatriation Act, hereafter 
referred to as the Act. The Act addresses the rights of lineal 
descendants, Indian tribes, and Native Hawaiian organizations to 
certain Native American human remains, funerary objects, sacred 
objects, or objects of cultural patrimony with which they are 
affiliated. Section 13 of the Act requires the Secretary of the 
Interior to publish regulations to carry out provisions of the Act.

Need for Correction:

    As published, the final rule contains several typographical, 
grammatical, and other errors which may prove to be misleading and are 
in need of correction.

Correction of Publication:

    All the following correcting amendments refer to rule document FR 
Doc. 95-29418, Final Regulations for the Native American Graves 
Protection and Repatriation Act as appearing in the issue of Monday, 
December 4, 1995, (60 FR 62134).

List of Subjects in 43 CFR Part 10

    Administrative practice and procedure, Graves, Hawaiian Natives, 
Historic preservation, Indians--claims, Indians--lands, Museums, Public 
lands, Reporting and recordkeeping requirements.
    Accordingly, 43 CFR part 10 is corrected by making the following 
correcting amendments:

PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT 
REGULATIONS

    1. The authority citation for part 10 continues to read as follows:
    Authority: 25 U.S.C. 3001 et seq.
    2. In Sec. 10.1, revise the first sentence of paragraph (b)(3) to 
read as follows:


Sec. 10.1  Purpose and applicability.

* * * * *
    (b) * * *
    (3) Throughout these regulations are decision points which 
determine their applicability in particular circumstances, e.g., a 
decision as to whether a museum ``controls'' human remains and cultural 
objects within the meaning of the regulations, or, a decision as to 
whether an object is a ``human remain,'' ``funerary object,'' ``sacred 
object,'' or ``object of cultural patrimony'' within the meaning of the 
regulations.* * *
* * * * *
    3. In Sec. 10.2, revise paragraph (a)(5), the last sentence of 
paragraph (d) introductory text, the first sentence of paragraph 
(d)(1), the third sentence of paragrpah (d)(2) introductory text, and 
the heading of paragrpah (f), to read as follows:


Sec. 10.2  Definitions.

* * * * *
    (a) * * *
    (5) Person means an individual, partnership, corporation, trust, 
institution, association, or any other private entity, or, any 
official, employee, agent, department, or instrumentality of the United 
States, or of any Indian tribe or Native Hawaiian organization, or of 
any State or political subdivision thereof that discovers or discovered 
human remains, funerary objects, sacred objects or objects of cultural 
patrimony on Federal or tribal lands after November 16, 1990.
* * * * *
    (d) * * * The term Native American means of, or relating to, a 
tribe, people, or culture indigenous to the United States, including 
Alaska and Hawaii.
    (1) Human remains means the physical remains of the body of a 
person of Native American ancestry.* * *
    (2) * * * The term burial site means any natural or prepared 
physical location, whether originally below, on, or above the surface 
of the earth, into which, as part of the death rite or ceremony of a 
culture, individual human remains were deposited, and includes rock 
cairns or pyres which do not fall within the ordinary definition of 
gravesite.* * *
* * * * *
    (f) What types of lands do the excavation and discovery provisions 
of these regulations apply to?
* * * * *
    4. In Sec. 10.4, revise the last sentence of paragraph (d)(2) to 
read as follows:


Sec. 10.4  Inadvertent discoveries.

* * * * *
    (d) * * *
    (2) * * * The disposition of all human remains, funerary objects, 
sacred objects, or objects of cultural patrimony must be carried out 
following Sec. 10.6.
* * * * *
    5. In Sec. 10.5, revise paragraph (e)(9) and the first sentence of 
paragraph (f) to read as follows:


Sec. 10.5  Consultation.

* * * * *
    (e) * * *
    (9) The planned disposition of human remains, funerary objects, 
sacred objects, or objects of cultural patrimony following Sec. 10.6.
    (f) Comprehensive agreements. Whenever possible, Federal Agencies 
should enter into comprehensive agreements with Indian tribes or Native 
Hawaiian organizations that are affiliated with human remains, funerary 
objects, sacred objects, or objects of cultural patrimony and have 
claimed, or are likely to claim, those human remains, funerary objects, 
sacred objects, or objects of cultural patrimony excavated 
intentionally or discovered inadvertently on Federal lands.*  *  *
* * * * *


Sec. 10.6  [Amended]

    6. Amend Sec. 10.6 as follows:
    a. In paragraph (a) introductory text, in the first sentence, 
remove the word ``on'' before the words ``Federal or tribal lands'' and 
add, in its place, the word ``in''; and
    b. In paragraphs (a)(2)(i), (a)(2)(iii) introductory text, and 
(a)(2)(iii)(A), add ``excavated intentionally or'' before ``discovered 
inadvertently''.
    7. In Sec. 10.8, redesignate paragraphs (d)(1)(A), (d)(1)(B), and 
(d)(1)(C) as paragraphs (d)(1)(i), (d)(1)(ii), and (d)(1)(iii); and 
revise the last sentence of paragraph (d)(3) and paragraph (d)(4)(iii) 
to read as follows:


Sec. 10.8  Summaries.

* * * * *
    (d) * * *
    (3) *  *  * Access to this information may be requested at any time 
and must be provided in a reasonable manner to be agreed upon by all 
parties. The Review committee also must be provided access to such 
materials.
    (4) * * *
    (iii) Kinds of cultural items that the Indian tribe or Native 
Hawaiian organization considers to be funerary objects, sacred objects, 
or objects of cultural patrimony.
* * * * *


Sec. 10.9  [Amended]

    8. Amend Sec. 10.9 as follows:
    a. In paragraph (b)(4)(iii), remove the word ``cultural'' after 
``Kinds of''; and

[[Page 41294]]

    b. In paragraph (e)(1) add the words ``and associated funerary 
objects'' after ``inventory of culturally affiliated human remains'' 
and before ``, including all information''.
    9. In Sec. 10.10, revise paragraphs (a)(1)(i), (a)(3) and (b)(1)(i) 
as follows:


Sec. 10.10  Repatriation.

    (a) * * *
    (1) * * *
    (i) The object meets the definitions established in Sec. 10.2 
(d)(2)(ii), (d)(3), or (d)(4); and
* * * * *
    (3) Notification. Repatriation must take place within ninety (90) 
days of receipt of a written request for repatriation that satisfies 
the requirements of paragraph (a)(1) of this section from a lineal 
descendent or culturally affiliated Indian tribe or Native Hawaiian 
organization, provided that the repatriation may not occur until at 
least thirty (30) days after publication of the notice of intent to 
repatriate in the Federal Register as described in Sec. 10.8.
    (b) * * *
    (1) * * *
    (i) The human remains or associated funerary object meets the 
definitions established in Sec. 10.2 (d)(1) or (d)(2)(i); and
* * * * *


Sec. 10.15  [Amended]

    10. Amend Sec. 10.15 as follows:
    a. In the section heading, remove ``Repatriation limitations'' and 
add, in its place, ``Limitations''; and
    b. In paragraph (a)(1), remove the word ``transfer'' and add, in 
its place, ``disposition''; and c. In paragraph (a)(2), remove the 
words ``having custody'', ``has custody'' and ``in the custody'' and 
add, in their place, ``in possession'', ``is in custody'' and ``in the 
possession'', respectively.
Dated: July 18, 1997.
Donald J. Barry,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97- 20319 Filed 7-31-97; 8:45 am]
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