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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: Notice of proposed rulemaking (NPRM).
   ------------------------------------------------------------------------
   SUMMARY:  By this  action  we are  publishing  proposed regulations  for
   implementing the Native American Graves Protection and Repatriation  Act
   of  1990.   These  regulations are  mandated  by Native  American Graves
   Protection and  Repatriation  Act  of  1990  and  their  publication  is
   intended  to  solicit comments  from  Indian  tribes, Federal  agencies,
   museums and members of the public prior to publishing the regulations in
   final  form.   These  regulations  develop  a   systematic  process  for
   determining  the  rights of  lineal  descendants and  members  of Indian
   Tribes and  Native Hawaiian  organizations  to certain  Native  American
   human remains and cultural items with which they are affiliated.
   DATES:  Written  comments  will be  accepted  until  [60 days  following
   publication of this notice].
   ADDRESSES: Comments on  the proposal are to be  marked "Docket No. 1024-
   AC07" and  mailed in duplicate to  Departmental Consulting Archeologist,
   Archeological  Assistance Division,  National Park  Service,  Box 37127,
   Washington DC 20013-7127;  or delivered  in duplicate to  room 210,  800
   North Capital Street, Washington DC.  Comments may  be inspected at room
   210 on weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m.

   FOR FURTHER INFORMATION CONTACT: Dr. Francis P. McManamon,  Departmental
   Consulting  Archeologist,  Archeological  Assistance Division,  National
   Park Service, Box 37127, Washington DC 20013. Telephone: (202) 343-4101.
   Fax: (202) 523-1547.
   SUPPLEMENTARY INFORMATION: 

   Background

        On November 16,  1990, President  George Bush signed  into law  the
   Native  American  Graves  Protection  and  Repatriation  Act,  hereafter
   referred  to  as the  Act.    The Act  addresses  the  rights of  lineal
   descendants   and  members   of  Indian   Tribes  and   Native  Hawaiian
   organizations to  certain Native  American  human remains  and  cultural
   items 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.   Readers are  reminded that the requirements  of
   the Act, including all deadlines, apply regardless of the effective date
   of these regulations.
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        These regulations consist of 17 sections divided into four subparts
   and five appendices.  Subpart A includes introductory sections outlining
   the purpose  and  applicability  of  these  regulations  and  presenting
   definition  of 31 key terms.  Subpart B includes procedures implementing
   section  3  of  the  Act  related  to  the  intentional  excavation  and
   inadvertent discovery of human remains or cultural items from Federal or
   Tribal lands.  Subpart C includes procedures implementing sections 5, 6,
   and   7  of  the  Act  for  conducting  summaries  and  inventories  and
   repatriating human  remains  or cultural  items  in museums  or  Federal
   collections.   Subpart D  includes  general procedures  for  determining
   lineal  descent  and  cultural  affiliation,  operation  of  the  Review
   Committee, and  resolving  disputes.   Appendices  A through  E  include
   documents to  clarify  the  procedures  outlined  in  earlier  subparts.
   Section  4  of the  Act,  which deals  with illegal  trafficking  and is
   incorporated directly into chapter  53 of title 18, United  States Code,
   does not require implementing regulations.

   Section by Section Analysis

   Section 10.1
        This  section  outlines  the  purpose  and  applicability  of   the
   regulations.

   Section 10.2
        This section defines terms used throughout the regulations.  The 31
   definitions   are  grouped   into   five   categories  concerning:   (a)
   Participants,  (b)  human  remains  and  cultural  items,  (c)  cultural
   affiliation, (d) location, and (e) procedures.  
        Subsection   (a)  defined   fifteen  principal   organizations  and
   individuals who  implement  or  are  referenced  in  these  regulations.
   Definitions of "museum" and "Indian Tribe" have been expanded to clarify
   the statutory language.   For "museum," additional clarification and  an
   example  are included  to  elaborate the  meaning  of "receives  Federal
   funds."  
        The definition of Indian Tribe has been clarified to refer to those
   Indian  Tribes  and  Native Alaskan  entities  on  the  current list  of
   recognized Indian tribes as  published by the Bureau of  Indian Affairs.
   The definition of Indian Tribe used in the Act was explicitly drawn from
   the American Indian Self Determination and Education  Assistance Act (25
   U.S.C.  450b) which is interpreted to refer  to only those Indian Tribes
   and  Native Alaskan entities recognized by the Bureau of Indian Affairs.
   This definition is also consistent with the regulatory definition of the
   term "Indian Tribe" (43 CFR 7.3(f)) as developed in connection  with the
   Archaeological  Resources Protection  Act ("ARPA"),  16 U.S.C.  470aa et
   seq.  For use  in these  regulations, the  term "Indian  Tribe" includes
   Native Hawaiian organizations. Comment is particularly invited as to the
   proposed definition of the term "Indian Tribe."  
        Subsection (b)  defines  the types  of  human remains  and  objects
   covered by the regulations.  "Human remains," which were not defined  by
   the  Act, are  defined  broadly to  include  all Native  American  human
   remains  with exceptions for remains or portions of remains freely given
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   by  the  individual  from  whom  they  were  obtained  and  for  remains
   incorporated into  cultural items. Comment is  requested particularly on
   the sentence in  the definition  which defines human  remains that  have
   been incorporated  into a cultural  item as part of  that cultural item,
   rather than as human remains. 
        "Cultural  item" is  used in a  slightly different way  than in the
   Act,  referring  here  only to  funerary  objects,  sacred objects,  and
   objects  of cultural patrimony, and not to human remains. This different
   usage, however, is only editorial and does not alter the requirements of
   the Act with  respect to treatment  of human remains and  other cultural
   items.   This  modified usage  is intended to  address the  offense some
   individuals have expressed over referring  to human remains as  "items."
   The definitions of "sacred objects" and "objects of cultural  patrimony"
   have been elaborated to  incorporate language from the House  and Senate
   Committee reports relating to the Act.
        Subsection (c)  reiterates  the statutory  definition of  "cultural
   affiliation."
        Subsection (d)  defines  three types  of  property on  which  human
   remains  or cultural items are  discovered or excavated.   The statutory
   definition  of  "Federal lands"  has  been  elaborated to  clarify  that
   "control" refers  to "those lands in which the United States has a legal
   interest sufficient  to permit  it  to apply  these regulations  without
   abrogating  the otherwise  existing  legal rights  of  a person."    The
   statutory definition  of "Tribal lands"  has been elaborated  to clarify
   that  the  regulations do  not apply  to  strictly private  land located
   within  the  boundaries  of  an  Indian  reservation  but  do  apply  to
   allotments held in trust  or subject to  a restriction on alienation  by
   the  United   States."  The  Act's  legislative   history  supports  the
   interpretation that  the Congress  did not  intend the  Act to apply  to
   private  lands  within the  boundaries of  an  Indian reservation.   The
   definition of "aboriginal lands" is derived from statutory language.  
        Subsection (e) defines six processes that are required to implement
   these regulations.

   Section 10.3
        This section  presents requirements and procedures for implementing
   section 3 (c) of the Act related to treatment  and determining ownership
   and control of human  remains and cultural items that  are intentionally
   excavated  from Federal  or Tribal lands  after November 16,  1990.  The
   section describes the actions that Federal agency officials must take to
   consult  with  Indian Tribes  and to  ensure  proper treatment  of human
   remains and cultural  items prior  to turning them  over to  appropriate
   lineal  descendant or Indian Tribe.   Section 10.3  (c)(3) urges Federal
   agency  officials  to  coordinate  consultation  requirements   and  any
   subsequent  agreement for compliance  under Section 106  of the National
   Historic  Preservation  Act   (16  U.S.C.  470   et  seq.)  with   these
   regulations.   Section 10.3 (c)(4)  urges Indian Tribes  to follow these
   regulations regarding  treatment and  disposition  of human  remains  or
   cultural items excavated on Tribal lands.

   Section 10.4
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        This section presents  procedures for implementing section 3 (d) of
   the  Act related to determining  ownership and control  of human remains
   and cultural  items  that are  discovered  inadvertently on  Federal  or
   Tribal  lands  after  November  16,  1990.  Section  10.4  (e)  outlines
   procedures for avoiding or shortening the required cessation of activity
   through execution of a written,  binding agreement between the necessary
   parties.    Section  10.4  (f)  urges  Indian  Tribes  to  follow  these
   regulations  regarding disposition  of human  remains or  cultural items
   discovered  on  Tribal lands.   Section  10.4  (f) urges  Federal agency
   officials to  coordinate their responsibilities under  this section with
   their emergency  discovery responsibilities  under  section 106  of  the
   National  Historic Preservation Act (16  U.S.C. 470f, 36  CFR 800.11) or
   the Archeological and Historic Preservation Act (16 U.S.C. 469 (a-c)).

   Section 10.5
        This section presents consultation requirements applicable  to both
   intentional excavations and  inadvertent discovery of  human remains  or
   cultural items on Federal lands or Tribal lands after November 16, 1990.

   Section 10.6
        This section presents the priority of ownership of human remains or
   cultural  items excavated or discovered on Federal lands or Tribal lands
   after  November  16,  1990.  The  drafters point  out  that  §  10.6 (a)
   explicitly recognizes  Indian Tribes' sovereignty over  human remains or
   cultural  items excavated or discovered on Tribal land.  Section 10.6(c)
   includes  public notice requirements prior to  the repatriation of human
   remains  and  cultural  items  discovered  on  Federal  lands.  This  is
   considered to be required as a matter of due process of law although not
   specifically required by the Act.

   Section 10.7
        This section has been  reserved for procedures for the  disposition
   of unclaimed human remains and cultural items excavated or discovered on
   Federal lands or Tribal lands after November 16, 1990.

   Section 10.8 
        This section presents  procedures for implementing section 7 of the
   Act related  to conducting  summaries of  collections which  may contain
   unassociated funerary objects,  sacred objects, or  objects of  cultural
   patrimony in the  collections of Federal  agencies or museums  receiving
   Federal funds. The drafters point out that an ambiguity in the statutory
   language left  it unclear  whether summaries  should include  only those
   unassociated funerary objects,  sacred objects, or  objects of  cultural
   patrimony which are culturally affiliated with a particular Indian Tribe
   or  to  the entire  collection which  may include  such  items.   As the
   statute only requires  consultation after completion of the summary, the
   latter  interpretation has  been chosen.  Section 10.8(c)  requires that
   summaries be completed no later than November 16, 1993. This deadline is
   statutorily established and applies regardless of the effective date  of
   these  regulations.    The  statutory  language  does  not  provide  for
   extensions of this deadline.  Section 10.8(e) requires the documentation
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   of individual items  and the determination of their cultural affiliation
   followed by public notification prior  to repatriation of any individual
   items included  within  a summary.  The  drafters consider  that  public
   notice is required  as a matter of  due process of law  although the Act
   does not specifically so require.

   Section 10.9
        This section presents procedures for implementing section 5  of the
   Act  related to conducting  inventories of human  remains and associated
   funerary  objects  in the  collections  of Federal  agencies  or museums
   receiving Federal funds.

   Section 10.10
        This section presents criteria for repatriating humans remains  and
   cultural  items  in  the  collections of  Federal  agencies  or  museums
   receiving  Federal  funds. Comment  particularly  is sought  on  § 10.10
   (c)(3)   which  incorporates   the   drafters'   understanding  of   the
   relationship  between  the   Fifth  Amendment  of   the  United   States
   Constitution  and  the  Act's  repatriation  requirements.  It  is   our
   interpretation that the Congress did  not intend to have the Act  result
   in  the  taking of  private  property within  the  meaning of  the Fifth
   Amendment.  This  interpretation follows  the  usual  rule of  statutory
   construction  to  the effect  that  an  Act of  Congress  is  not to  be
   construed as resulting in the taking  of private property unless the Act
   clearly so indicates. The Act does not expressly state that  a taking of
   property  is intended, but, to the  contrary, references the application
   of  the  Fifth Amendment  at least  in  certain respects.  The drafters,
   however,  do not  intend to  suggest that  there are  many circumstances
   where  a museum would be legally entitled  to assert the Fifth Amendment
   as grounds to decline to repatriate  human remains and cultural items as
   otherwise required by the Act.  

   Section 10.11
        This section has been  reserved for procedures for  the disposition
   of culturally unidentifiable human remain in the collections  of Federal
   agencies or museums receiving Federal funds.

   Section 10.12
        This section has been reserved  for procedures for assessing  civil
   penalties  upon museums receiving Federal funds that fail to comply with
   provisions of these regulations.

   Section 10.13
        This section  has been  reserved  for procedures  for  implementing
   provisions of these regulations after the November 16, 1995 deadline for
   inventory completion.

   Section 10.14
        This  section  presents general  procedures for  determining lineal
   descent  and cultural  affiliation for  human remains or  cultural items
   either  in the  collections  of Federal  agencies  or museums  receiving
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   Federal funds or  excavated or  discovered on Federal  or Tribal  lands.
   Section 10.14 (b) requires that a lineal descendant be able to trace his
   or  her ancestry  directly  and without  interruption  by means  of  the
   traditional  kinship system of the  appropriate Indian Tribe  to a known
   (named) individual whose  remains, funerary objects,  or sacred  objects
   are being requested.   Section 10.14 (c) requires that  determination of
   cultural affiliation includes  existence of an identifiable  present-day
   Indian  Tribe, evidence  of  the existence  of and  identifiable earlier
   group, and evidence of the existence of a shared group identity that can
   be reasonably  traced  between  the present-day  Indian  tribe  and  the
   earlier group.

   Section 10.15
        This  section  presents   general  limitations  and  remedies   for
   repatriation  of  human   remains  or  cultural  items   either  in  the
   collections of Federal  agencies or museums  receiving Federal funds  or
   excavated  or discovered on Federal  or Tribal lands.  Section 10.15 (b)
   has  been  reserved for  procedures for  dealing  with human  remains or
   cultural  items that  remain unclaimed  after passage  of  the statutory
   deadlines.

   Section 10.16
        This  section presents  general provisions  for the conduct  of the
   seven member Review Committee appointed by the Secretary of the Interior
   from  nominations  submitted  by  Indian  Tribes  and  Native   Hawaiian
   organizations   and  national   museum   organizations  and   scientific
   organizations pursuant to section 8 of the Act.

   Section 10.17
        This section  presents general  provisions  for the  resolution  of
   disputes  including  provisions  for  the  involvement  of  the   Review
   Committee.

   Appendix A
        This section contains  a sample summary  of collections  containing
   unassociated funerary objects,  sacred objects, or  objects of  cultural
   patrimony.

   Appendix B
        This  section has  been reserved  for a  sample inventory  of human
   remains and associated funerary objects.

   Appendix C
        This section contains a sample notice of inventory completion.

   Appendix D
        This  section  has  been  reserved   for  a  sample  memorandum  of
   understanding  dealing with  repatriation of  human remains  or cultural
   items in Federal collections.

   Appendix E
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        This  section  has   been  reserved  for  a  sample  memorandum  of
   understanding dealing with intentional excavations on Federal or  Tribal
   lands.

   Public Participation
        Any person may obtain a  copy of this NPRM by submitting  a request
   to  the Departmental  Consulting Archeologist,  Archeological Assistance
   Division, National Park Service, Box 37127, Washington DC 20013-7127, by
   calling  (202) 343-4101,  or  by faxing  a  request to  (202)  523-1547.
   Requests must identify the notice number of this NPRM.
        Interested parties  are invited  to  participate in  this  proposed
   rulemaking  by submitting such written data, views, or arguments as they
   may desire.   Comments relating  to the  effects that might  result from
   adoption  of  the  proposals  contained  in  this  notice  are  invited.
   Communications should identify  the regulatory docket  or notice  number
   and be submitted  in duplicate to the address  listed above.  Commentors
   wishing the  National  Park  Service  to acknowledge  receipt  of  their
   comments  must  submit with  those  comments  a self-addressed,  stamped
   postcard on which the  following statement is made: "Comments  to Docket
   No 1024-AC07."   The postcard will  be date stamped and  returned to the
   commentor.   All communications received  on or before  the closing date
   for  comments   will  be  considered  by   the  Departmental  Consulting
   Archeologist before taking action  on the proposed rule.   The proposals
   contained in this  notice may be changed in light  of comments received.
   All comments submitted  will be  available for examination  in the  rule
   Docket both before and after the closing date for comments. 

   Drafting Information
        These  proposed  regulations  were  prepared  by  Dr.  Francis   P.
   McManamon (Departmental Consulting Archeologist, National Park Service),
   Dr. C.  Timothy McKeown (NAGPRA Program Leader,  National Park Service),
   and  Mr. Lars  Hanslin (Senior  Attorney, Office  of the  Solicitor), in
   consultation with the Native American Graves Protection and Repatriation
   Review Committee as directed by section 8 (c)(7) of the Act.

   Compliance with the Paperwork Reduction Act
        The collections  of information  contained in  this rule have  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  100  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,  National Park Service, Box 37127, Washington D.C. 20013 and to
   the Office  of  Management  and  Budget,  Paperwork  Reduction  Project,
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   Washington DC 20503.

   Compliance with Other Laws
        The Department of the Interior has determined that this document is
   not a major rule under Executive Order 12291.
        The Department  of the Interior  certifies that this  document does
   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.).
        The Department of  the Interior has determined that  these proposed
   regulations meet the  applicable standards provided in sections 2(a) and
   2(b) of Executive Order No. 12278.
        The Department of the Interior  has determined that these  proposed
   regulations will  not have a  significant effect  on the quality  of the
   human environment under the National Environmental Policy Act (42 U.S.C.
   4321-4347).   In addition, the Department of the Interior has determined
   that these  proposed regulations  are  categorically excluded  from  the
   procedural requirements  of the  National  Environmental Policy  Act  by
   Departmental regulations in 516 DM 2.  As such, neither an Environmental
   Assessment nor an Environmental Impact statement has been prepared.

   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 record keeping requirements.
        For  the reasons  set out  in the  preamble, 43  CFR Subtitle  A is
   proposed to be amended as follows.

   Part 10 is added to read as follows:
   PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REGULATIONS

   Subpart A--Introduction



   Sec.
   10.1  Purpose and applicability.
   10.2  Definitions

   Subpart B--Human Remains or Cultural Items from Federal or Tribal Lands



   10.3  Intentional excavations.
   10.4  Inadvertent discoveries.
   10.5  Consultation.
   10.6  Ownership.
   10.7    Disposition  of  unclaimed human  remains  and  cultural  items.
   [Reserved]


   Subpart  C--Human  Remains or  Cultural  Items  in Museums  and  Federal
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   Collections


   10.8  Summaries.
   10.9  Inventories.
   10.10  Repatriation.
   10.11    Disposition   of  culturally   unidentifiable  human   remains.
   [Reserved]
   10.12  Civil penalties. [Reserved]
   10.13  Future applicability. [Reserved]


   Subpart D--General


   10.14  Lineal descent and cultural affiliation.
   10.15  Repatriation limitations and remedies.
   10.16  Review committee.
   10.17  Dispute resolution.
   Appendix-A to Part 10--Sample summary.
   Appendix-B to Part 10--Sample inventory. [Reserved]
   Appendix-C to Part 10--Sample notice of inventory completion.
   Appendix-D to Part 10--Sample memorandum of  understanding repatriation.
   [Reserved]
   Appendix-E to  Part 10--Sample memorandum  of understanding  intentional
   excavation. [Reserved]

   Authority: 25 U.S.C. 3001 et seq.
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   Subpart A--Introduction

   § 10.1  Purpose and Applicability.

     (a)  Purpose.  These regulations  implement provisions  of the  Native
   American Graves Protection and Repatriation Act of 1990 (Pub.L. 101-601;
   25 U.S.C. 3001-3013;104  Stat. 3048-3058). These  regulations develop  a
   systematic process for  determining the rights of lineal descendants and
   members of  Indian Tribes and  Native Hawaiian organizations  to certain
   Native American human  remains and  cultural items with  which they  are
   affiliated.

        (b)    Applicability.   (1)  These  regulations   pertain  to   the
   identification and appropriate disposition of human remains and cultural
   items that are:
             (i) In Federal possession or control; or
             (ii) In the possession  or control of an institution  or State
   or local government receiving Federal funds; or
             (iii) Excavated or discovered on Federal or Tribal lands.

        (2)  These regulations  apply to  human remains and  cultural items
   which  are indigenous  to  Alaska, Hawaii,  and  the continental  United
   States but not to territories of the United States.

   § 10.2 Definitions.
        In addition to the term  Act, which shall mean the  Native American
   Graves Protection  and Repatriation Act as  described above, definitions
   used  in these regulations  are grouped  in five  classes: Participants;
   human remains and  cultural items; cultural  affiliation; location;  and
   procedures.
        (a) Participants  are persons  who implement  or are  referenced in
   these regulations. As used in these regulations, the term:
             (1) Secretary means the Secretary of the Interior.
             (2) Review  Committee means the advisory committee established
   pursuant to section 8 of the Act.
             (3) Departmental Consulting Archeologist means the official of
   the  Department  of  the  Interior   designated  by  the  Secretary   as
   responsible  for  the  administration  of  matters  relating  to   these
   regulations. Communications to  the Departmental Consulting Archeologist
   should be addressed to: 
                  Departmental Consulting Archeologist,
                  Archeological Assistance Division,
                  National Park Service,
                  P.O. Box 37127,
                  Washington, DC 20013-7127.
             (4)  Federal   agency  means   any   department,  agency,   or
   instrumentality of the  United States.  Such term does  not include  the
   Smithsonian Institution as stipulated in section 2 (a)(4) of the Act.
             (5) Federal  agency official  means  the individual  within  a
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   Federal  agency designated as being  responsible for matters relating to
   these regulations. 
             (6) Museum means any institution or State  or local government
   agency  (including   any  institution  of  higher   learning)  that  has
   possession  of, or  control over,  human remains  or cultural  items and
   receives Federal  funds. The phrase  "receives Federal funds"  means the
   receipt of funds  by a museum  after November 16,  1990, from a  Federal
   agency  through any  grant,  loan, contract  (other  than a  procurement
   contract), or other arrangement by which a Federal  agency makes or made
   available to a  museum assistance in  the form of  funds. Federal  funds
   provided for any  purpose that are received by a  larger entity of which
   the museum  is a part are  considered Federal funds for  the purposes of
   these regulations.   For example, if  a museum is a  part of a  State or
   local  government or  a  private  university  and  the  State  or  local
   government or private university receives Federal funds for any purpose,
   the museum is considered to receive Federal funds.
             (7)  Museum  official means  the  individual  within a  museum
   designated  as  being   responsible  for  matters   relating  to   these
   regulations.
             (8) Native American means of, or relating to, a Tribe, people,
   or culture indigenous to the United States.
             (9)  Indian  Tribe means  any  Tribe, band,  nation,  or other
   organized  Indian group  or community  of Indians, including  any Alaska
   Native village or corporation as defined in or established by the Alaska
   Native  Claims Settlement  Act  (43  U.S.C.  1601  et  seq.),  which  is
   recognized as eligible for the special programs and services provided by
   the United States to Indians because of their status as Indians.  Groups
   that wish to  determine if they  qualify as an  Indian Tribe under  this
   definition should consult the  Federal Register for the current  list of
   recognized Indian Tribes as  published by the Bureau of  Indian Affairs,
   U.S. Department of the Interior.  Groups which are not  included in this
   list but wish to  be considered as an  Indian Tribe for the purposes  of
   these  regulations  should  contact  the Bureau  of  Indian  Affairs  to
   ascertain  whether  they  are qualified.    Generally,  in  order to  be
   acknowledged  as an  Indian  Tribe under  these  regulations, an  Indian
   entity must be  ethnically and  culturally identifiable and  have had  a
   substantially  autonomous and  continuous  tribal  existence  throughout
   history  until  the  present. Groups,  associations,  organizations,  or
   corporations  of any character formed  in recent times  generally do not
   qualify,  nor do  splinter groups,  political factions,  communities, or
   entities of any character which separate from the main body of an Indian
   Tribe  unless  it can  clearly identify  that  the group  has functioned
   throughout  history  as  an  autonomous  entity.  Except  as   otherwise
   indicated,  the term Indian Tribe  when used in  these regulations shall
   also mean Native Hawaiian organizations as defined below.
             (10) Native Hawaiian  means any individual who is a descendant
   of  the aboriginal  people who,  prior to  1778, occupied  and exercised
   sovereignty in the area that now constitutes the State of Hawaii.
             (11) Native Hawaiian organization means any organization that:

                  (i)  Serves  and  represents  the  interests   of  Native
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   Hawaiians;
                  (ii) Has as a primary and stated purpose the provision of
   services to Native Hawaiians; and
                  (iii) Has expertise in Native Hawaiian affairs.
                   Such organizations shall include  the Office of Hawaiian
   Affairs and Hui M lama I N  K puna  O Hawai i Nei.
             (12)  Indian  tribe official  means the  individual officially
   designated by the  governing body of an Indian tribe  as responsible for
   matters relating to these regulations. 
             (13) Traditional religious leader who is recognized by members
   of that Indian tribe as:
                  (i)  Being  responsible  for  performing  cultural duties
   relating to the ceremonial or religious traditions of that group, or
                  (ii) Exercising  a leadership  role  in an  Indian  tribe
   based on the group's cultural, ceremonial, or religious practices.
             (14) Lineal descendant means an individual  tracing his or her
   ancestry  directly and without interruption by  means of the traditional
   kinship  system  of  the appropriate  Indian  tribe  to  a known  Native
   American individual  whose remains, funerary objects,  or sacred objects
   are being claimed under these regulations.
             (15) 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 of any State or political subdivision
   thereof.
        (b)  Human remains and cultural items  are specific Native American
   human remains or  objects. For  the purposes of  these regulations,  the
   term:
             (1)  Human remains means the physical remains of a human body,
   including but not limited to bones,  teeth, hair, ashes, or mummified or
   otherwise  preserved  soft  tissues  of  a  person  of  Native  American
   ancestry.  The  term does  not include  remains  or portions  of remains
   freely given by the individual from whose body there were obtained, such
   as  hair  made into  ropes  or  nets. For  the  purposes of  determining
   cultural affiliation,  human remains incorporated into  a cultural item,
   as defined below, shall be considered as part of that cultural item.
             (2)  Cultural items  means, collectively,  associated funerary
   objects, unassociated  funerary objects, sacred objects,  and objects of
   cultural patrimony.
             (3) Associated funerary objects means:
                  (i) Items that, as part of  the death rite or ceremony of
   a  culture, are reasonably believed to have been placed intentionally at
   the time  of death or later  with or near individual  human remains that
   also are currently  in the possession or control of  a museum or Federal
   agency, or
                  (ii) Other items  reasonably believed to  have been  made
   exclusively for burial purposes or to contain human remains. 
             (4) Unassociated funerary objects means items that,  as a part
   of  the death rite or ceremony of  a culture, are reasonably believed to
   have been  intentionally placed with  or near individual  human remains,
   either at the time of death or later, but for which the associated human
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   remains are not  in the possession or  control of   a museum or  Federal
   agency.  These cultural items must  be identified by  a preponderance of
   the evidence  as having been removed  from a specific burial  site of an
   individual culturally affiliated  with a particular  Indian Tribe or  as
   being  related to  specific individuals  or families  or to  known human
   remains.
             (5) Sacred objects  means items that  are specific  ceremonial
   objects needed by traditional Native American religious leaders  for the
   current  practice  of traditional  Native  American  religions by  their
   present-day adherents. While  many items, from ancient pottery shards to
   arrowheads,   might  be  imbued  with  sacredness  in  the  eyes  of  an
   individual, these  regulations are specifically limited  to objects that
   were devoted  to a  traditional  Native American  religious ceremony  or
   ritual  and  which   have  religious  significance  or  function in  the
   continued observance or renewal of such ceremony.
             (6) Objects of cultural patrimony means cultural items  having
   ongoing historical,  traditional, or cultural importance  central to the
   Indian  Tribe itself, rather than property owned by an individual Tribal
   member. These objects  are of such central importance that  they may not
   be alienated, appropriated, or conveyed by any individual Tribal member.
   Such  objects must have  been considered  inalienable by  the culturally
   affiliated  Indian Tribe at the  time the object  was separated from the
   group.  Objects of  cultural patrimony  include items  such as  Zuni War
   Gods, the Confederacy Wampum Belts of the Iroquois, and other objects of
   similar character and significance to the Indian Tribe as a whole.
        (c)  Cultural affiliation  means  that there  is a  relationship of
   shared group  identity which  can reasonably be  traced historically  or
   prehistorically between members  of a present-day Indian tribe or Native
   Hawaiian organization and an identifiable earlier group.
        (d) Location  describes  the property  on  which human  remains  or
   cultural items are discovered or excavated. As used in these regulations
   the term:
             (1)  Federal lands means any land other than Tribal lands that
   are controlled or owned by the United States Government, including lands
   selected  by  but not  yet conveyed  to  Alaska Native  Corporations and
   groups organized pursuant to the Alaska Native Claims Settlement Act (43
   U.S.C.  1601 et seq.). United States  "control" refers to those lands in
   which the United States has a  legal interest sufficient to permit it to
   apply these regulations without abrogating the otherwise existing  legal
   rights of a person.
             (2) Tribal lands  means all lands,  excluding privately  owned
   lands, which:
                  (i) Are  within the  exterior  boundaries of  any  Indian
   reservation including, but not  limited to, allotments held in  trust or
   subject to a restriction on alienation by the United States;
                  (ii) Comprise dependent Indian communities  as recognized
   pursuant to 18 U.S.C. 1151;
                  (iii)     Are  administered  for  the  benefit  of Native
   Hawaiians  pursuant to  the Hawaiian  Homes Commission  Act of  1920 and
   Section 4 of the Hawaiian Statehood Admission Act (Pub.L. 86-3; 73 Stat.
   6).
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             (3) Aboriginal lands  means Federal land that is recognized by
   a final  judgment of the Indian  Claims Commission or the  United States
   Claims Court as land aboriginally occupied by an Indian Tribe.
        (e)  Procedures are  the processes that  are required  to implement
   these regulations. As used in these regulations, the term:
             (1) Summary means the written description of collections  that
   may contain  unassociated funerary objects, sacred  objects, and objects
   of cultural patrimony required by § 10.8 of these regulations.
             (2) Inventory  means  the item-by-item  description  of  human
   remains and associated funerary objects. 
             (3)  Intentional excavation  means  the planned  archeological
   removal of human remains or cultural items found under or on the surface
   of Federal or Tribal lands.
             (4) Inadvertent discovery means the unanticipated encounter or
   detection  of human  remains  or cultural  items found  under or  on the
   surface of Federal or Tribal lands pursuant to Section 3 (d) of the Act.
             (5)  Possession by a museum or Federal agency of human remains
   or  cultural items means having physical custody  of such objects with a
   sufficient legal interest  to lawfully treat the objects as  part of its
   collection for purposes of these regulations.
             (6)  Control means having a legal interest in human remains or
   cultural  items  sufficient to  lawfully  permit the  museum  or Federal
   agency to  treat the objects as  part of its collection  for purposes of
   these regulations whether  or not the remains and cultural  items are in
   the physical custody of the museum or Federal agency.

   Subpart B--Human Remains and Cultural Items from Federal or Tribal Lands

   § 10.3 Intentional Excavations.
        (a)  General.  This section  implements Section  3  (c) of  the Act
   regarding the ownership or  control of human remains and  cultural items
   that are  intentionally excavated  from Federal  or  Tribal lands  after
   November 16, 1990. 
        (b) Specific Requirements. These regulations permit the intentional
   excavation of human  remains or  cultural items from  Federal or  Tribal
   lands only if:
             (1)  The objects  are excavated  pursuant to  applicable legal
   requirements, including, if otherwise required, a permit issued pursuant
   to the  Archaeological  Resources Protection  Act  (16 U.S.C.  470aa  et
   seq.);
             (2) The objects are  excavated after consultation with or,  in
   the case of Tribal lands, consent of, the appropriate Indian Tribe;
             (3) The disposition  of the objects  is consistent with  their
   ownership as described below; and
             (4) Proof of the consultation or consent is shown.
        (c)  Procedures.  (1) Any  person  who  proposes  to  undertake  an
   activity on Federal or Indian lands that may result in the excavation of
   human  remains or cultural items shall immediately notify in writing the
   responsible  Federal  agency official  or  Indian tribe  official.   The
   requirements of  these regulations regarding the  planned activity shall
   apply whether or not this required notice is or was duly provided. 
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             (2) The Federal agency official shall take reasonable steps to
   determine whether  a planned activity, of  which he or she  has received
   notice or otherwise  is aware,  may result  in the  excavation of  human
   remains  or  cultural items  from Federal  lands.  Prior to  issuing any
   approvals  or permits  for  activities otherwise  required  by law,  the
   Federal  agency official  shall notify  in writing  the Indian  Tribe or
   Tribes  that are  likely  to be  culturally  affiliated with  any  human
   remains  or cultural items that  may be excavated.  The Federal official
   shall also  notify  any  present-day  Indian  Tribe  which  aboriginally
   occupied  the area of the activity and  any other Indian Tribes that the
   Federal  official reasonably  believes may  have a  relationship to  the
   human  remains and  cultural items  that are  expected to be  found. The
   notice shall be in writing and  shall describe the planned activity, its
   general  location, the  basis upon  which it  was determined  that human
   remains  or  cultural  items  may  be  excavated,  and,  the  basis  for
   determining likely cultural affiliation pursuant to  § 10.14. The notice
   shall  also propose  a time and  place for meetings  or consultations to
   further consider  the activity, the Federal  agency's proposed treatment
   of any  human remains or cultural  items that may be  excavated, and the
   proposed disposition of  any excavated human remains  or cultural items.
   Consultation shall be conducted pursuant to § 10.5.
             (3)  If the planned activity  is also subject  to review under
   section 106 of  the National Historic Preservation Act (16 U.S.C. 470 et
   seq.), the Federal  agency official should  coordinate consultation  and
   any subsequent agreement  for compliance conducted  under that Act  with
   the requirements  of § 10.3  (c)(2) and  § 10.5.  Compliance with  these
   regulations does not relieve Federal officials of requirements to comply
   with  section 106 of the  National Historic Preservation  Act (16 U.S.C.
   470 et seq.).
             (4) If an Indian  Tribe receives notice of a  planned activity
   or otherwise becomes aware of a planned activity that may  result in the
   excavation  of  human remains  or cultural  items  on Indian  lands, the
   Indian  Tribe should  take appropriate  steps to  make certain  that any
   human remains or cultural items excavated  or discovered as a result  of
   the  planned activity are disposed of in accordance with their ownership
   as described in § 10.6.


   § 10.4 Inadvertent discoveries.
        (a)  General.  This section  implements section  3  (d) of  the Act
   regarding the ownership or  control of human remains and  cultural items
   that  are discovered  inadvertently  on Federal  or  Tribal lands  after
   November 16, 1990. 
        (b)  Discovery.  Any person  who knows  of  the discovery  of human
   remains or cultural  items on Federal or Tribal lands after November 16,
   1990, must provide  notification of  the discovery, in  writing, to  the
   responsible Federal agency official with  respect to Federal lands, and,
   with  respect to Tribal lands, to the responsible Indian Tribe official.
   The requirements of these regulations regarding discoveries shall  apply
   whether or not a discovery is duly reported. 
        (c) Ceasing activity. If the  discovery occurred in connection with
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   an on-going activity on Federal or Tribal lands, the person, in addition
   to providing the notice described above,  shall stop the activity in the
   area of  the discovery and make a reasonable effort to protect the human
   remains or cultural items discovered.
        (d) Federal lands. Upon receipt of such a notification with respect
   to Federal lands, the responsible Federal agency official shall:
             (1) Immediately certify receipt of the notification;
             (2) Take immediate steps, if necessary, to secure  and protect
   discovered human remains and cultural items, including, as  appropriate,
   stabilization or covering;
             (3) Notify within one  (1) working day the known  Indian Tribe
   or Tribes likely to  be culturally affiliated with the  discovered human
   remains or cultural items,  and, if known, the present-day  Indian Tribe
   which aboriginally occupied the area and any  other Indian Tribe that is
   reasonably known to have a relationship to the human remains or cultural
   items.  The notice  shall include  pertinent information  as to  kind of
   material, condition, and the circumstances of the discovery;
             (4) Initiate consultation on the discovery pursuant to § 10.5.
        (e)  Resumption  of activity.  The  activity that  resulted  in the
   inadvertent discovery may resume thirty (30) days after certification by
   the notified  Federal agency or Indian Tribe of receipt of the notice of
   discovery if the  resumption of  the activity is  otherwise lawful.  The
   activity may  also be resumed, if  otherwise lawful, at any  time that a
   written,  binding agreement  is executed  between the  necessary parties
   that  adopts a recovery plan for the removal, treatment, and disposition
   of  the human  remains  or  cultural  items  in  accordance  with  their
   ownership.
        (f) Indian  tribes. Indian  Tribes that  are notified or  otherwise
   become aware of a discovery of  human remains or cultural items on their
   Tribal  lands should  take appropriate  steps to  assure that  the human
   remains  or cultural items are  protected and disposed  of in accordance
   with their ownership as described below.
        (g)  Federal  agency  officials. Federal  agency  officials  should
   coordinate  their  responsibilities   under  this  section   with  their
   emergency discovery  responsibilities under Section 106  of the National
   Historical Preservation Act (16  U.S.C. 470 (f) et seq.), 36  CFR 800.11
   or section 3 (a) of the Archeological and Historic  Preservation Act (16
   U.S.C. 469 (a-c)).   Compliance with these regulations does  not relieve
   Federal officials of the requirement  to comply with section 106  of the
   National Historical Preservation Act (16 U.S.C. 470 (f) et seq.), 36 CFR
   800.11 or section 3  (a) of the Archeological and  Historic Preservation
   Act (16 U.S.C. 469 (a-c)).


   § 10.5 Consultation.
        Consultation as  part  of  the discovery  or  excavation  of  human
   remains  or  cultural  items on  Federal  lands  shall  be conducted  in
   accordance with the following requirements.
        (a) Consulting parties. Federal agency officials shall consult with
   Indian  Tribe  officials and  traditional  religious  leaders and  known
   lineal descendants:
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             (1)  That are, or are likely to be, culturally affiliated with
   human remains and cultural items; and
             (2) On whose aboriginal lands the planned  activity will occur
   or where the discovery has been made.
        (b) Initiation  of  consultation.  Upon  receiving  notice  of,  or
   otherwise  becoming  aware  of,  an  inadvertent  discovery  or  planned
   activity that has resulted  or may result in the excavation or discovery
   of  human remains and cultural  items on Federal  lands, the responsible
   Federal agency official shall, as part of the  procedures described in §
   10.3 and § 10.4, take appropriate steps to establish the likely cultural
   affiliation  of the objects pursuant  to § 10.14.   The Federal official
   shall notify in writing the Indian Tribe or Tribes that are likely to be
   culturally affiliated  with them, and, if known,  the lineal descendants
   of  the deceased  individual, as  well as  any present-day  Indian Tribe
   which  aboriginally occupied the area  and other Indian  Tribes that may
   have  a  relationship  to the  human  remains  and  cultural items.  The
   consultation shall seek  to identify traditional  religious leaders  who
   should  also be consulted and seek to identify, where applicable, lineal
   descendants  and Indian Tribes related to the human remains and cultural
   items.
        (c) Provision  of information. During the  consultation process, as
   appropriate,  the Federal  agency official  shall provide  the following
   information in  writing to  officials of Indian  Tribes that are  or are
   likely to be culturally affiliated with human remains and cultural items
   excavated or discovered on Federal lands:
             (1) A list of all Indian  Tribes that are being, or have been,
   consulted regarding the particular human remains and cultural items;
             (2)  An  indication  that  additional  documentation  used  to
   identify cultural affiliation will be  supplied upon request. 
        (d) Requests  for  information. During  the  consultation  process,
   Federal agency officials  shall request, as  appropriate, the  following
   information from Indian Tribes that are, or are likely to be, culturally
   affiliated  with  excavated or  discovered  human  remains and  cultural
   items:
             (1) Name  and address of the  Indian Tribe official to  act as
   representative in consultations related to  particular human remains and
   cultural items;
             (2)   Names  and   appropriate  methods   to  contact   lineal
   descendants who should be contacted  to participate in the  consultation
   process;
             (3) Names  and appropriate methods to  contact any traditional
   religious leaders who should be consulted regarding the collections;
             (4) Recommendations on how   the consultation   process should
   be conducted; and
             (5)  Kinds of cultural  items that the  Indian Tribe considers
   likely  to be unassociated funerary  objects, sacred objects, or objects
   of cultural patrimony.
        (e) Written plan  of action.  The consultation should  result in  a
   written  plan, approved  and  signed  by  the Federal  agency  official.
   Indian Tribe official(s) and other parties may sign as appropriate. At a
   minimum, the plan of action should document the following:
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             (1) The kinds of objects to be considered as cultural items as
   defined in § 10.2 (b);
             (2)  The  specific  information  used  to  determine  cultural
   affiliation pursuant to §10.14;
             (3)  The treatment,  care, and  handling of human  remains and
   cultural items recovered;
             (4)  The  archeological recording  of  the  human remains  and
   cultural items recovered;
             (5) The kinds of analysis for each kind of object;
             (6) Any steps to be followed to contact Indian Tribe officials
   at the time of excavation of specific human remains or cultural items;
             (7)  The kind of traditional treatment, if any, to be afforded
   the human remains or cultural items;
             (8) The nature of reports to be prepared; and
             (9) The  disposition of  human remains  and cultural  items in
   accordance with their ownership.
        (f)  Programmatic agreements.  Whenever possible,  Federal agencies
   should  enter into programmatic  agreements with Indian  Tribes that are
   culturally affiliated with  specific human remains or cultural items and
   have  claimed, or are  likely to claim, those  human remains or cultural
   items excavated or discovered on Federal lands.  These agreements should
   address all Federal agency land management activities that could  result
   in  the  excavation or  discovery of  human  remains or  cultural items.
   Consultation  should  lead  to  the   establishment  of  a  process  for
   effectively implementing the requirements of these regulations regarding
   standard   consultation  procedures,   the  establishment   of  cultural
   affiliation  consistent  with  procedures  in  this  section,  and   the
   treatment and  disposition  of  human remains  or  cultural  items.  The
   agreements,  or  the  correspondence  related to  the  effort  to  reach
   agreements, shall constitute proof of consultation as  required by these
   regulations.
        (g)  Traditional religious  leaders.  The Federal  agency  official
   shall be cognizant that  Indian Tribe officials may need  to confer with
   traditional religious leaders prior to making recommendations.


   § 10.6 Ownership.
        (a) Priority of ownership. This section implements section 3 (a) of
   the Act,  subject to the limitations of § 10.15, regarding the ownership
   or control of human  remains and cultural items excavated  or discovered
   on  Federal or  Tribal  lands after  November 16,  1990.   Ownership  or
   control  of these  human remains  and cultural  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  as
   determined pursuant to § 10.14 (b);
             (2) In cases  where a 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 or cultural items were discovered;
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                  (ii) In the  Indian Tribe that  has the closest  cultural
   affiliation  with the  human  remains or  cultural  items as  determined
   pursuant to § 10.14 (c); or
                  (iii) In circumstances in which the cultural  affiliation
   of the human remains  and cultural items  cannot be ascertained and  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 an Indian Tribe:
                       (A)  In the Indian  Tribe aboriginally occupying the
   Federal land on which the objects were discovered, or
                       (B) If it  can be  shown by a  preponderance of  the
   evidence  that  a  different  Indian  Tribe  has   a  stronger  cultural
   relationship  with the human remains  and cultural items,  in the Indian
   Tribe that has the strongest demonstrated relationship.
        (b)  The ownership  of human  remains or  cultural items  and other
   provisions of the Act  apply to all planned excavations  and inadvertent
   discoveries made  after November 16,  1990, including those  made before
   the effective date of these regulations.
        (c) Final notice,  claims and disposition  with respect to  Federal
   lands.  Upon determination of the lineal descendant or Indian Tribe that
   appears to own particular  human remains or cultural items  excavated or
   discovered  on Federal  lands, the  responsible Federal  agency official
   shall, subject to  the notice required herein  and the limitations  of §
   10.15, transfer ownership or control of  the objects to the Indian Tribe
   or lineal  descendants in accordance with  appropriate procedures, which
   shall  respect traditional  customs  and practices.  Prior  to any  such
   disposition  by a Federal  agency official, the  Federal agency official
   shall  publish a  general  notice  of  the  proposed  disposition  in  a
   newspaper of general circulation  in the area in which the human remains
   or cultural items were excavated or discovered. The notice shall provide
   information  as to  the nature  and cultural  affiliation, of  the human
   remains  and   cultural  items  and  shall  solicit  further  claims  to
   ownership. The notice shall be published at least two (2) times at least
   a  week apart,  and the  transfer shall  not take  place until  at least
   thirty (30)  days after the  publication of  the second notice  to allow
   time  for any  additional  claimants to  come  forward.   If  additional
   claimants do come forward and the Federal agency official cannot clearly
   determine which  claimant is  the proper  recipient, the  Federal agency
   shall not transfer ownership or  control of the objects until  such time
   as  the proper  recipient is determined  pursuant to  these regulations.
   The  Federal  agency official  shall  send  a  copy  of the  notice  and
   information on when and in what newspaper to the Departmental Consulting
   Archeologist.


   § 10.7  Disposition  of  unclaimed human  remains  and  cultural  items.
   [Reserved]

   Subpart  C--Human Remains  or  Cultural  Items  in Museums  and  Federal
   Collections
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   § 10.8 Summaries.
        (a)  General. This section implements  section 6 of  the Act. Under
   section 6, each museum or Federal agency  that has possession or control
   over collections which may contain unassociated funerary objects, sacred
   objects,  or objects of  cultural patrimony is  to provide a  summary of
   these collections based upon available information held by the museum or
   Federal agency. The  purpose of  the summary is  to provide  information
   about the collections  to lineal descendants  and culturally  affiliated
   Indian Tribes that may wish to request repatriation of such objects. The
   summary  serves  in lieu  of  an  object-by-object  inventory  of  these
   collections,  although,  if  an  inventory   is  available,  it  may  be
   substituted. Federal agencies  are responsible for  ensuring that  these
   requirements are met for  all collections from their lands  or generated
   by  their undertakings whether the  collections are held  by the Federal
   agency or by a non-Federal institution.
        (b)  Contents of summaries.   For each  collection or portion  of a
   collection,  the summary  shall include:  an estimate  of the  number of
   objects in the collection or portion of the collection; a description of
   the  kinds of  objects included;  reference to  the means,  date(s), and
   location(s)  in  which  the  collection  was  acquired,  where   readily
   ascertainable;   and   information   relevant   to   identifying  lineal
   descendants, if available, and cultural affiliation. 
        (c)  Completion.  Summaries  shall  be  completed  not  later  than
   November 16, 1993. 
        (d) Consultation. (1) Consulting parties. Museum and Federal agency
   officials shall consult with:
                  (i) Lineal  descendants, when  known  or claimed  on  the
   basis  of  the   traditional  kinship  system,   of  individuals   whose
   unassociated funerary objects or sacred objects are likely to be subject
   to the summary provisions of these regulations; and
                  (ii) Officials   and    traditional   religious   leaders
   identified by Indian Tribes:
                       (A)  From whose  Tribal lands  unassociated funerary
   objects, sacred objects, or objects of cultural patrimony originated;
                       (B)   From   whose  aboriginal   lands  unassociated
   funerary  objects,  sacred objects,  or  objects  of cultural  patrimony
   originated; and
                       (C) That  are,  or  are  likely  to  be,  culturally
   affiliated  with  unassociated  funerary  objects,  sacred  objects,  or
   objects of cultural patrimony.
             (2)  Initiation  of consultation.  Museum  and Federal  agency
   officials shall begin summary consultation  no later than the completion
   of the summary process.
             (3)  Provision of  information.  During summary  consultation,
   museums and Federal agency officials shall provide copies of the summary
   to  lineal descendants,  when known,  and to  officials  and traditional
   religious leaders.   Upon request,  museum and Federal  agency officials
   shall provide Indian Tribes with access to records, catalogues, relevant
   studies, or other pertinent data for the limited purposes of determining
   the geographic origin, cultural affiliation, and basic facts surrounding
   acquisition  and  accession of  objects  covered  by the  summary.  This
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   information  may be  requested at any  time and  shall be  provided in a
   reasonable  manner  to be  agreed  upon  by  all  parties.   The  Review
   Committee also shall be provided access to such materials.
             (4) Requests for information. During the summary consultation,
   museum and Federal agency  officials shall request, as appropriate,  the
   following information  from Indian Tribes that are, or are likely to be,
   culturally affiliated with their collections:
                  (i)  Name and address of the Indian Tribe official to act
   as representative in consultations related to particular objects;
                  (ii)      Names  and appropriate  methods to  contact any
   lineal descendants, if known, of individuals whose unassociated funerary
   objects or sacred objects are included in the summary;
                  (iii)   Names  and   appropriate   methods   to   contact
   traditional religious  leaders who  should  be consulted  regarding  the
   collections;
                  (iv)      Recommendations on how the consultation process
   should be conducted; and
                  (v)  Kinds  of  cultural  items  that  the  Indian  Tribe
   considers  to be sacred objects or objects of cultural patrimony.
        (e)  Notification. Repatriation  of unassociated  funerary objects,
   sacred objects, or objects of  cultural patrimony to lineal  descendants
   or culturally affiliated Indian Tribes as determined pursuant to § 10.10
   (a), shall not proceed  prior to submission of an  object-by-object list
   of the objects being requested  and a notice of intent to  repatriate to
   the   Departmental   Consulting   Archeologist.   The   object-by-object
   description shall include, if available:
             (1) Accession and catalogue entries for each object;
             (2)  Information related  to the  acquisition of  each object,
   including the name of  the person or organization  from whom the  object
   was obtained, if known;
             (3) The date each object was acquired,
             (4) The place each  object was acquired, i.e., name  or number
   of  site, county,  state,  and Federal  agency  administrative unit,  if
   applicable;
             (5)   The   means  of   acquisition,  i.e.,   gift,  purchase,
   excavation, etc.;
             (6) The antiquity of each object, if known;
             (7)  A  description  of  each  object,  including  dimensions,
   materials, and photographic documentation, if appropriate;
             (8) A summary of  the evidence used to determine  the cultural
   affiliation of each object pursuant to § 10.14.
        The notice of  intent to repatriate shall  summarize the object-by-
   object  description  in  sufficient   detail  so  as  to   enable  other
   individuals  or Indian Tribes to determine their interest in the claimed
   objects.  It  shall include information that identifies  each particular
   set of claimed unassociated funerary objects, sacred objects, or objects
   of cultural patrimony and the circumstances surrounding its  acquisition
   and describes the  objects that  are clearly identifiable  as to  Tribal
   origin.    It  shall also  describe  the objects  that  are  not clearly
   identifiable  as being  culturally affiliated  with a  particular Indian
   Tribe, but  which,  given  the  totality  of  circumstances  surrounding
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   acquisition  of the objects, are likely to be culturally affiliated with
   a  particular Indian  Tribe.   The Departmental  Consulting Archeologist
   shall  publish the  notice  of  intent  to  repatriate  in  the  Federal
   Register.


   § 10.9 Inventories.
        (a)  General. This section implements  section 5 of  the Act. Under
   section 5, each museum or Federal agency that  has possession or control
   over holdings or  collections of human  remains and associated  funerary
   objects is to compile an inventory  of such objects, and, to the fullest
   extent  possible based on information possessed by the museum or Federal
   agency, identify the geographical and cultural affiliation of each item.
   The  purpose of the inventory is to facilitate repatriation by providing
   clear descriptions of human remains  and associated funerary objects and
   establishing the cultural affiliation between these objects and present-
   day Indian  Tribes.  Museums  and  Federal agencies  are  encouraged  to
   undertake inventories on  those portions of their collections  for which
   information  is  readily available  or  about which  Indian  Tribes have
   expressed special  interest. Early focus  on these parts  of collections
   will  result in  repatriations  that  may  serve  as  models  for  other
   inventories. Federal agencies  are responsible for  ensuring that  these
   requirements are met for  all collections from their lands  or generated
   by  their undertakings whether the  collections are held  by the Federal
   agency or by a non-Federal institution.
        (b) Consultation. (1) Consulting parties. Museum and Federal agency
   officials shall consult with:
                  (i) Lineal  descendants, when  known  or claimed  on  the
   basis of  the traditional kinship  system, of individuals  whose remains
   and  associated funerary  objects  are  likely  to  be  subject  to  the
   inventory provisions of these regulations; and
                  (ii)   Officials   and   traditional  religious   leaders
   identified by Indian Tribes:
                       (A)  From  whose  Tribal  lands  human  remains  and
   associated funerary objects originated;
                       (B) From  whose aboriginal  lands human remains  and
   associated funerary objects originated; and
                       (C) That  are,  or  are  likely  to  be,  culturally
   affiliated with human remains and associated funerary objects.
             (2)  Initiation of  consultation.  Museum  and Federal  agency
   officials  shall begin inventory consultation no later than the point in
   the inventory process at which the cultural affiliation of human remains
   and associated funerary objects is being investigated actively.
             (3) Provision  of information. During  inventory consultation,
   museums  and  Federal  agency  officials  shall  provide  the  following
   information  in writing to lineal descendants, when known, and to Indian
   Tribe officials and traditional religious leaders.
                  (i)  A list of all Indian  Tribes that are, or have been,
   consulted regarding the particular human remains and associated funerary
   objects;
                  (ii)  A  general  description  of  the  conduct  of   the
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   inventory;
                  (iii)  The  projected  time  frame  for   conducting  the
   inventory; and
                  (iv) An indication that additional documentation used  to
   identify cultural affiliation will be supplied upon request. 
             (4)   Requests   for   information.   During   the   inventory
   consultation, museum  and Federal  agency  officials shall  request,  as
   appropriate,  the following information from Indian  Tribes that are, or
   are likely to be, culturally affiliated with their collections:
                  (i)  Name and address of the Indian Tribe official to act
   as representative  in consultations related to  particular human remains
   and associated funerary objects;
                  (ii) Names and appropriate methods to contact any  lineal
   descendants of individuals whose remains and funerary objects are or are
   likely to be included in the inventory;
                  (iii)   Names  and   appropriate   methods   to   contact
   traditional religious  leaders who  should  be consulted  regarding  the
   collections;
                  (iv) Recommendations on  how  the  consultation   process
   should be conducted; and
                  (v)  Kinds  of cultural  objects  that  the Indian  Tribe
   reasonably believes to have been made exclusively for burial purposes or
   to contain human remains of their ancestors.
        (c)  Required information.  The  following  documentation shall  be
   included, if available, for all inventories:
             (1)   Accession   and   catalogue   entries,   including   the
   accession/catalogue entries of human remains with which funerary objects
   were associated;
             (2)  Information related  to the  acquisition of  each object,
   including the  name of the person  or organization from whom  the object
   was obtained, if known;
             (3) The date each object was acquired,
             (4) The place each  object was acquired, i.e., name  or number
   of  site,  county, state,  and  Federal agency  administrative  unit, if
   applicable;
             (5)   The  means   of  acquisition,   i.e.,   gift,  purchase,
   excavation, etc.;
             (6) The antiquity of the human remains and associated funerary
   objects, if known;
             (7) A description of  each set of human remains  or associated
   funerary  objects,  including  dimensions, materials,  and  photographic
   documentation, if appropriate;
             (8) A summary of  the evidence used to determine  the cultural
   affiliation of the human remains or associated funerary objects pursuant
   to § 10.14 of these regulations.
        (d) Documents. Two separate documents shall comprise the inventory:
             (1) A  listing of  all human  remains and  associated funerary
   objects that are identified  as being culturally affiliated with  one or
   more present-day Indian Tribes. The list must indicate for each item  or
   set  of items  whether  cultural affiliation  is  clearly determined  or
   likely; and
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             (2) A  listing of  all human  remains and associated  funerary
   objects for which no culturally  affiliated present-day Indian Tribe can
   be determined.
        (e)   Notification.   (1)  If   the   inventory   results  in   the
   identification or  likely identification of the  cultural affiliation of
   any particular human remains or  associated funerary objects, the museum
   or Federal agency, not later than six (6) months after completion of the
   inventory, shall send culturally affiliated Indian Tribes the  inventory
   of culturally  affiliated  human  remains  and  a  notice  of  inventory
   completion that summarizes the results of the inventory.
             (2)  The notice  of inventory  completion shall  summarize the
   contents of  the inventory  in sufficient  detail so  as  to enable  the
   recipients to  determine their  interest  in the  inventoried items.  It
   shall include information that  identifies each particular set of  human
   remains or associated funerary objects and the circumstances surrounding
   its acquisition,  describes the  human  remains or  associated  funerary
   objects that  are clearly identifiable  as to cultural  affiliation, and
   describes the human remains and associated funerary objects that are not
   clearly  identifiable  as being  culturally  affiliated  with an  Indian
   Tribe, but  which,  given  the  totality  of  circumstances  surrounding
   acquisition of the human remains  or associated objects, are  identified
   as likely to be culturally affiliated with a particular Indian Tribe.
             (3) If the inventory results in a determination that the human
   remains  are of an identifiable individual, the Museum of Federal agency
   official shall convey this information to the  Indian Tribe of which the
   deceased  was a  member,  and, if  known,  shall  so notify  any  lineal
   descendant of the deceased individual.
             (4) The notification of inventory completion and a copy of the
   inventory  shall   also  be   sent   to  the   Departmental   Consulting
   Archeologist.  These submissions shall be sent in both printed hard copy
   and electronic formats. Information on the proper format for  electronic
   submission and suggested alternatives  for museums unable to meet  these
   requirements   are   available   from   the    Departmental   Consulting
   Archeologist.
             (5)  Upon  request by  an Indian  Tribe  that has  received or
   should have received notice  of inventory results as described  above, a
   museum or Federal agency shall supply additional available documentation
   to  supplement  the information  provided  with  the notice.  For  these
   purposes, the term "documentation" means a summary of existing museum or
   Federal  agency records  including inventories  or catalogues,  relevant
   studies,  or other pertinent data for the limited purpose of determining
   the  geographical  origin,   cultural  affiliation,   and  basic   facts
   surrounding  the   acquisition  and  accession  of   human  remains  and
   associated funerary objects.
             (6) In the event that the inventory results in a determination
   that the  museum or  Federal agency  has possession  of or  control over
   human remains or  associated funerary objects that  cannot be identified
   as  affiliated with  a particular  Indian Tribe,  the museum  or Federal
   agency shall provide  the Department Consulting  Archeologist notice  of
   this result  and a copy of  the list of  culturally unidentifiable human
   remains and  associated  funerary objects.  The Departmental  Consulting
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   Archeologist shall  make this  information available  to members of  the
   Review Committee.
             (7) The  Departmental  Consulting Archeologist  shall  publish
   notices of  inventory  completion  received  from  Museums  and  Federal
   agencies in the Federal Register.  
        (f)  Completion.  Inventories shall  be  completed  not later  than
   November  16, 1995.  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 from
   the  Secretary. An indication of  good faith efforts  shall include, but
   not necessarily be limited to, the initiation of active consultation and
   documentation regarding the collection and the development  of a written
   plan  to carry  out  the inventory  process.  Minimum components  of  an
   inventory plan are:  A definition  of the steps  required; the  position
   titles of the persons responsible for each step; the planned schedule of
   implementation of the plan; and a description of the efforts proposed to
   obtain the funding required to implement the plan.


   § 10.10 Repatriation.
        (a) Unassociated  funerary objects, sacred objects,  and objects of
   cultural  patrimony. (1) Criteria. If the following criteria are met for
   unassociated funerary objects,  sacred objects, or  objects of  cultural
   patrimony, a museum or Federal  agency will expeditiously repatriate the
   objects upon request pursuant to section 7 of the Act:
                  (i) The  object meets the definitions  established § 10.2
   (b) (4), (5) or (6);
                  (ii)   The   cultural  affiliation   of  the   object  is
   established pursuant to  § 10.14 through the  summary, consultation, and
   notification procedures.
                  (iii)     The  known  lineal descendant  or  Indian Tribe
   presents evidence  which, if standing  alone before the  introduction of
   evidence  to  the contrary,  would support  a  finding that  the Federal
   agency or museum does  not have a right of possession to  the objects as
   defined below.
                  (iv) The agency  or museum is unable  to present evidence
   to  the contrary  proving that  it does  have a  right of  possession as
   defined below.
                  (v)  None of the  specific exceptions listed  in §  10.10
   (c) apply.
             (2)  Right of  possession. For purposes of these  regulations,
   "right  of  possession" means  possession  obtained  with the  voluntary
   consent of an individual or group that had authority of  alienation. The
   original acquisition of a Native American unassociated funerary  object,
   sacred object, or object of cultural patrimony from an Indian Tribe with
   the  voluntary consent  of  an individual  or  group with  authority  to
   alienate  such  object is  deemed to  give right  of possession  to that
   object.
             (3) Notification. A  requested repatriation  shall take  place
   within ninety (90) days of receipt, provided that it may not occur until
   at least thirty (30) days  after publication of the notice of  intent to
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   repatriate in the Federal Register as described in § 10.8.
        (b) Human remains and associated funerary objects.
             (1) Criteria.  If  the following  criteria are  met for  human
   remains and associated  funerary objects, the  museum or Federal  agency
   will expeditiously repatriate the remains and objects.
                  (i)  The  remains or associated funerary object meets the
   definitions established in § 10.2 (b)(1) or (b)(3).
                  (ii) The cultural affiliation  of the deceased individual
   to  known lineal  descendant  or  present  day  Indian  Tribe  has  been
   reasonably  traced by  the standards set  forth in  § 10.14  through the
   inventory and consultation process.
                  (iii)     None  of the  specific exceptions  listed in  §
   10.10 (c) apply.
             (2) Notification. A  requested repatriation  shall take  place
   within ninety (90) days of receipt, provided that it may not occur until
   at least thirty  (30) days after publication of  the notice of inventory
   completion in the Federal Register as described in § 10.9.
        (c) Exceptions. These requirements for repatriation shall not apply
   to:
             (1) Circumstances where  human remains or  cultural items  are
   indispensable to the completion of a specific scientific study commenced
   prior to receipt of a request for repatriation, the outcome  of which is
   of major benefit  to the United States. Human remains and cultural items
   in such circumstances  shall be returned no later than  ninety (90) days
   after completion of the study; or
             (2)  Circumstances  where  there  are  multiple  requests  for
   repatriation  of human  remains  or cultural  items  and the  museum  or
   Federal agency,  after complying with these  regulations, cannot clearly
   determine  which  requesting party  is the  proper  recipient.   In such
   circumstances, the  museum  or Federal  agency  shall retain  the  human
   remains and cultural  items until  such time as  the requesting  parties
   agree  upon their  recipients  or  the  dispute  is  otherwise  resolved
   pursuant  to these  regulations or  as ordered by  a court  of competent
   jurisdiction; or
             (3) Circumstances where the repatriation of human remains  and
   cultural items  in the possession or control of a museum would result in
   a taking  of property within the  meaning of the Fifth  Amendment of the
   United  States Constitution in which  event the ownership  or custody of
   the  objects shall  be  as provided  under  otherwise applicable  law.  
   Nothing in these regulations  shall prevent a museum or  Federal agency,
   where otherwise so authorized,  or a lineal descendant or  Indian Tribe,
   from  expressly  relinquishing title  to,  right  of possession  of,  or
   control over any human remains or cultural items.
             (4) Circumstances  where  the repatriation  is not  consistent
   with other  repatriation  limitations identified  in  § 10.15  of  these
   regulations.
        (d) Place  and manner  of repatriation.  The repatriation  of human
   remains  and cultural  items  shall be  accomplished  by the  museum  or
   Federal agency in consultation with the requesting lineal descendants or
   culturally  affiliated Indian  Tribe, as  appropriate, to  determine the
   place and manner of the repatriation.
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        (e) Record  of repatriation.  Museums  and Federal  agencies  shall
   adopt internal  procedures adequate to permanently  document the content
   and recipients of all repatriations.
        (f) Unaffiliated  human remains.  If  the cultural  affiliation  of
   human remains cannot be  established pursuant to these regulations,  the
   remains shall  be considered  unaffiliated.  Museum and  Federal  agency
   officials  shall report the inventory information regarding such remains
   in  their holdings to the Departmental  Consulting Archeologist who will
   transmit this information to the Review Committee.  The Review Committee
   is responsible for  compiling an inventory of unaffiliated human remains
   in the possession or control of each museum and Federal agency, and, for
   recommending to the Secretary specific  actions for disposition of  such
   human remains.


   §   10.11  Disposition  of   Culturally  Unidentifiable  Human  Remains.
   [Reserved]


   § 10.12 Civil Penalties. [Reserved]

   § 10.13 Future Applicability. [Reserved]

   Subpart D--General


   § 10.14 Lineal Descent and Cultural Affiliation.
        (a)  General.  This section  identifies procedures  for determining
   lineal descent  and cultural affiliation between present-day individuals
   and Indian  Tribes and  human remains  and cultural  items in  museum or
   Federal  agency  collections or  discovered  or  excavated from  Federal
   lands.  They may  also be used by  Indian Tribes with respect to  Tribal
   lands.
        (b) Criteria for determining lineal descent. A lineal descendant is
   an  individual  tracing  his  or  her  ancestry  directly   and  without
   interruption   by  means  of  the  traditional  kinship  system  of  the
   appropriate Indian  Tribe to  a known  Native American individual  whose
   remains, funerary objects,  or sacred objects are  being requested under
   these  regulations. This standard  requires that  the earlier  person be
   identified as an individual whose descendants can be traced.
        (c)  Criteria  for   determining  cultural  affiliation.  "Cultural
   affiliation" means a relationship  of shared group identity that  may be
   reasonably traced  historically or prehistorically between a present-day
   Indian Tribe and  an identifiable  earlier group. All  of the  following
   requirements  must be  met in  order  to determine  cultural affiliation
   between  a present-day Indian Tribe  and the human  remains and cultural
   items of an earlier group:
             (1) Existence of an identifiable present-day Indian Tribe.
             (2)  Evidence  of the  existence  of  an identifiable  earlier
   group. Evidence to support this requirement must:
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   of the earlier group,
                  (ii)  Document  distinct  patterns  of  material  culture
   manufacture and distribution methods for the earlier group, or
                  (iii) Establish  the existence of the earlier  group as a
   biologically distinct population.
             (3)  Evidence of the existence of a shared group identity that
   can  be reasonably traced between  the present-day Indian  Tribe and the
   earlier group. Evidence to support this requirement must  establish that
   a present-day  Indian  Tribe has  been  identified from  prehistoric  or
   historic times to the present as descending from the earlier group.
        (d) Evidence. Evidence of  a kin or cultural affiliation  between a
   present-day  individual or Indian  Tribe and human  remains and cultural
   items shall be  established by  using the following  types of  evidence:
   Geographical,   kinship,  biological,   archeological,  anthropological,
   linguistic,  folklore,  oral  tradition, historical,  or  other relevant
   information or expert opinion.
        (e)  Standard of proof. Lineal descent  of a present-day individual
   from an  earlier individual  and cultural affiliation  of a  present-day
   Indian Tribe to human remains and cultural items shall be established by
   a  preponderance of  the evidence.  Claimants do  not have  to establish
   cultural affiliation with scientific certainty.


   § 10.15 Repatriation Limitations and Remedies.
        (a) Failure to claim prior to repatriation. Any person who fails to
   make a timely claim for disposition or repatriation of human remains and
   cultural  items  subject to  subpart C  of  these regulations,  or, with
   respect to Federal lands, subpart  B of these regulations, prior  to the
   repatriation   or  transfer  of  the  items  shall  be  deemed  to  have
   irrevocably waived any  right to  claim such human  remains or  cultural
   items  pursuant to these  regulations or the Act.  For these purposes, a
   "timely  claim"  shall  mean  the  filing  of  a  written  claim with  a
   responsible  Federal agency  or museum  official prior  to the  time the
   particular human remains or cultural items at issue are duly repatriated
   or disposed of to  a claimant by a museum or  Federal agency pursuant to
   these regulations. If  there is more  than one  (1) claimant, the  human
   remains and/or cultural items shall be held by the responsible museum or
   Federal agency  or person having  custody thereof pending  resolution of
   the claim.  Any person who has custody of such human remains or cultural
   items and does not claim entitlement to them shall place  the objects in
   the  custody of the responsible  museum or Federal  agency for retention
   until the question of ownership is resolved.
        (b)  Failure  to claim  where  no repatriation  or  disposition has
   occurred. [Reserved]
        (c) Exhaustion of remedies.  No person shall be considered  to have
   exhausted  his  or her  administrative  remedies  with  respect  to  the
   repatriation or disposition  of human remains or  cultural items subject
   to subpart  B of these  regulations, or, with respect  to Federal lands,
   subpart C of these regulations, until such time as the  person has filed
   a written  claim for repatriation or disposition of the objects with the
   responsible museum or Federal agency and the claim has been denied.
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   Rules                                                     31123 to 31134
   ________________________________________________________________________

   


   § 10.16 Review committee.
        (a)  General. The Review  Committee shall  advise Congress  and the
   Secretary  on  matters  relating  to  the  Act  and  these  regulations,
   including, but not limited to, monitoring the performance of museums and
   Federal  agencies in  carrying out their  responsibilities, facilitating
   and making recommendations  on the resolution  of disputes as  described
   further  in § 10.17, and compiling a record of culturally unidentifiable
   human remains  that  are in  the possession  or control  of museums  and
   Federal agencies and recommending actions for their disposition.
        (b) Recommendations. Any recommendation, finding, report, or  other
   action of the Review Committee is advisory only and shall not be binding
   on any person. Any records and findings made by the Review Committee may
   be  admissible  as evidence  in actions  brought  by persons  alleging a
   violation of the Act.


   § 10.17 Dispute resolution.
        (a)  Formal  and informal  resolutions.  Any person  who  wishes to
   contest actions  taken by  museums, Federal  agencies, or  Indian Tribes
   with  respect to the repatriation  and disposition of  human remains and
   cultural items is encouraged  to do so through informal  negotiations in
   order to achieve a fair resolution  of the matter. The Review  Committee
   may assist  in this regard as  described below. In addition,  the United
   Stated District Courts  have jurisdiction over  any action brought  that
   alleges a violation of the Act.
        (b)  Review Committee Role. The Review Committee may facilitate the
   informal resolution  of disputes  relating  to these  regulations  among
   interested parties  that are  not resolved  by good  faith negotiations.
   Review Committee actions may include convening meetings between  parties
   to  disputes, making advisory findings as to contested facts, and making
   recommendations to  the disputing parties or to  the Secretary as to the
   proper resolution of disputes consistent  with these regulations and the
   Act.
   Federal  Register / Vol. 58,  No. 102 / Friday, May  28, 1993 / Proposed
   Rules                                                     31123 to 31134
   ________________________________________________________________________

   

   Appendix A to Part 10  Sample summary
   The following is a generic sample and should be used  as a guideline for
   preparation  of  summaries tailoring  the  information  to the  specific
   circumstances of each case.
                                 Before November 17, 1993
   Chairman or Other Authorized Official
   Indian Tribe
   Street
   State

   Dear Sir/Madame Chair:
        I write to inform you  of collections held by our museum  which may
   contain  unassociated funerary  objects, sacred  objects, or  objects of
   cultural  patrimony that are, or are likely to be, culturally affiliated
   with your Indian Tribe.   This notification is required by Section  6 of
   the Native American Graves Protection and Repatriation Act.
        Our  ethnographic  collection   includes  approximately  200  items
   specifically identified as being manufactured or used by members of your
   Indian  Tribe.   These items  represent various  categories  of material
   culture,  including  sea and  land  hunting,  fishing, tools,  household
   equipment,  clothing,  travel  and  transportation,  personal adornment,
   smoking, toys, and figurines.  The collection includes thirteen  objects
   identified in our records as "medicine bags."
        Approximately half of these items  were collected were collected by
   John  Doe  during  his  expedition  to  your  reservation  in  1903  and
   accessioned  by the museum that same year (see Major Museum Publication,
   no. 65 (1965).
        Another  50 of  these items were  collected by Jane  Roe during her
   expeditions to your reservation between 1950-1960 and accessioned by the
   museum in 1970 (see Major Museum:  no. 75 (1975).  Accession information
   indicates that several of these items were collected from members of the
   Able and Baker families.  
        For the remaining approximately 50  items, which were obtained from
   various  collectors  between   1930  and  1980,   additional  collection
   information is not readily available.
        In  addition  to   the  above  mentioned  items,  the   museum  has
   approximately 50  ethnographic  items  obtained from  the  estate  of  a
   private collector and identified as  being collected from the "northwest
   portion of the State."
        Our  archeological  collection includes  approximately  1,500 items
   recovered from ten archeological  sites on your reservation and  another
   5,000 items from fifteen sites within the area  recognized by the Indian
   Claims  Commission  as  being part  of  your  Indian Tribe's  aboriginal
   territory.
        Please  feel free to contact  Fred Poe at  (012) 345-6789 regarding
   the identification  and potential repatriation  of unassociated funerary
   objects,  sacred  objects, or  objects  of  cultural patrimony  in  this
   collection that are,  or are  likely to be,  culturally affiliated  with
   your  Indian Tribe. You are  invited to review  our records, catalogues,
   relevant  studies or other pertinent data for the purpose of determining
   the geographic origin, cultural affiliation, and basic facts surrounding
   Federal  Register / Vol. 58,  No. 102 / Friday, May  28, 1993 / Proposed
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   ________________________________________________________________________

   

   acquisition and accession  of these  items. We look  forward to  working
   together with you.
                            Sincerely,


                            Museum Official
                            Major Museum
   Federal  Register / Vol. 58,  No. 102 / Friday, May  28, 1993 / Proposed
   Rules                                                     31123 to 31134
   ________________________________________________________________________

   


   Appendix B to Part 10 -- Sample Inventory. [Reserved]


   Appendix C to Part 10 -- Sample Notice of Inventory Completion
   The  following is  an  example  of  a  Notice  of  Inventory  Completion
   published in the Federal Register.

   National Park Service
   Notice of Completion of  Inventory of Native American Human  Remains and
   Associated Funerary Objects within the Campbell Collection, Joshua  Tree
   National Monument, Twentynine Palms, CA

   AGENCY: National Park Service, Interior.
   ACTION: Notice.
   ________________________________________________________________________
   Notice  is  hereby given  in accordance  with  provisions of  the Native
   American Graves Protection  and Repatriation Act, 25 U.S.C.  3003(d), of
   the completion of the inventory of human remains and associated funerary
   objects within  the Campbell Collection, a  Federally curated collection
   at  Joshua  Tree   National  Monument,  Twentynine  Palms,   California.
   Representatives of culturally affiliated Indian tribes are advised  that
   the  human  remains  and associated  funerary  objects  in  the Campbell
   Collection will  be retained by the  monument until July 20,  1992 after
   which they may be repatriated to the culturally affiliated groups.
        The  detailed inventory  and  assessment of  the human  remains and
   associated funerary objects within the Campbell Collection has been made
   by  National  Park  Service  professional curatorial  staff,  contracted
   specialists  in physical  anthropology and  prehistoric  archeology, and
   representatives of the following affected tribal organizations:

   Agua Caliente Band of Cahuilla Indians
   Twentynine Palms Band of Mission Indians
   Torez Martinez Reservation
   San Manual Band of Mission Indians
   Cabazon Reservation
   Anza Band of Cahuilla Indians
   Saboba Reservation
   Morongo Reservation
   Coyote Reservation
   Santa Rosa Reservation
   Colorado River Indian Tribes Reservation
   Fort Mojave Indian Reservation
   Chemehuevi Reservation
   Quechan Indian Nation of the Fort Yuma Reservation

        Between July  1931 and  July 1933,  Elizabeth and  William Campbell
   carried out  legally authorized archeological studies  on Federal public
   lands now within Joshua Tree National Monument.  Among the archeological
   resources collected were human  cremations and artifacts believed to  be
   associated with funerary  events practiced by  prehistoric and  historic
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   Rules                                                     31123 to 31134
   ________________________________________________________________________

   

   Native Americans.    Recent  assessment  studies  indicate  that  eleven
   individuals  are  represented;   approximately  12,225  Native  American
   artifacts are believed to have been associated with the funerary events.
   These artifacts include historic glass trade beads, native shell  beads,
   chipped and  other stone implements, pottery vessels, clay smoking pipes
   and human  effigies, and animal bone tools.  One cremation appears to be
   19th Century  in date; others may  be estimated as being  between 9th to
   14th Century in  date.  The collection does not  contain materials which
   meet the definition of sacred object or objects of cultural patrimony.
        Artifactual evidence  does not allow specific  identification as to
   tribal  origin.  However, recent  assessment studies on  portions of the
   Campbell Collection  indicate basic similarities in  crematory practice,
   ceramics,  stone  tool manufacture,  ornamentation,  and  bone or  shell
   artifacts  of  known  archeological  traditions  believed  ancestral  to
   contemporary Cahuilla, Serrano, and Colorado  River tribal peoples.  Ten
   of  the cremations are likely affiliated to Cahuilla or Serrano cultural
   traditions.   One  cremation  is determined  possibly  to be  of  either
   Colorado River  area cultural affiliation,  represented by  contemporary
   Quechan, Mojave, Maricopa or Chemehuevi peoples, or of Diegueño cultural
   affiliation to the southwest of the monument.
        Representatives  of  any Indian  tribe  believed  to be  culturally
   affiliated with the human remains and associated funerary objects of the
   Campbell  collection  that  have not  been  contacted  should  talk with
   Superintendent David  E. Moore,  Joshua  Tree National  Monument,  74485
   National Monument Drive,  Twentynine Palms, CA,  92277, (619)  367-3676,
   before July 20, 1992.

        Dated: June 9, 1992.
        [Published: June 18, 1992]

   Francis P. McManamon

   Departmental Consulting Archeologist

   Chief, Archeological Assistance Division
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   Appendix  D   to  Part   10  --   Sample  Memorandum  of   Understanding
   Repatriation. [Reserved]


   Appendix  E to Part 10 -- Sample Memorandum of Understanding Intentional
   Excavation. [Reserved]

   DATED: January 13, 1993



   Mike Hayden

   Assistant Secretary for Fish and Wildlife and Parks

   [FR Doc 93-12823 Filed 5-26-93; 2:01 pm]
   BILLING CODE 4310-70-F 

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