Consultation and Dialogue On Regulations Regarding The Disposition Of Unclaimed Native American Human Remains, Funerary Objects, Sacred Objects, Or Objects Of Cultural Patrimony Excavated Or Discovered On Federal Or Tribal Lands After November 16, 1990, Pursuant To Provisions Of The Native American Graves Protection And Repatriation Act (NAGPRA), 45213-45214 [E7-15823]
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules
(4) Services that are provided to
inmates living in the secure custody of
law enforcement and residing in a
public institution. An individual is
considered to be living in secure
custody if serving time for a criminal
offence in, or confined involuntarily to,
public institutions such as State or
Federal prisons, local jails, detention
facilities, or other penal facilities. A
facility is a public institution when it is
under the responsibility of a
governmental unit; or over which a
governmental unit exercises
administrative control. Rehabilitative
services could be reimbursed on behalf
of Medicaid-eligible individuals
paroled, on probation, on home release,
in foster care, in a group home, or other
community placement, that are not part
of the public institution system, when
the services are identified due to a
medical condition targeted under the
State’s Plan, are not used in the
administration of other non-medical
programs.
(5) Services provided to residents of
an institution for mental disease (IMD)
who are under the age of 65, including
residents of community residential
treatment facilities with more than 16
beds that do not meet the requirements
at § 440.160 of this chapter.
(6) Room and board.
(7) Services furnished for the
treatment of an individual who is not
Medicaid eligible.
(8) Services that are not provided to
a specific individual as documented in
an individual’s case record.
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
Dated: March 22, 2007.
Leslie V. Norwalk,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: July 12, 2007.
Michael O. Leavitt,
Secretary.
[FR Doc. 07–3925 Filed 8–8–07; 4:00 pm]
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DEPARTMENT OF THE INTERIOR
National Park Service
43 CFR Part 10
Consultation and Dialogue On
Regulations Regarding The
Disposition Of Unclaimed Native
American Human Remains, Funerary
Objects, Sacred Objects, Or Objects Of
Cultural Patrimony Excavated Or
Discovered On Federal Or Tribal Lands
After November 16, 1990, Pursuant To
Provisions Of The Native American
Graves Protection And Repatriation
Act (NAGPRA)
National Park Service, Interior.
Notice of consultation.
AGENCY:
ACTION:
SUMMARY: This notice of consultation
announces three consultation meetings
and a facilitated dialogue session
(recommended by the Review
Committee) that will be held to obtain
additional oral and written
recommendations on regulations to be
drafted regarding the disposition of
unclaimed Native American human
remains, funerary objects, sacred
objects, or objects of cultural patrimony
that are excavated or discovered on
Federal or tribal lands after November
16, 1990. Previous consultation
meetings were held November, 2005,
and April, 2007.
DATES:
The four consultation/dialogue
sessions are scheduled for October 14–
16, 2007:
1. Tribal consultation: October 14,
2007, 8:30 a.m. to 10:30 a.m., Chaparral
Suites Resort, 5001 North Scottsdale
Rd., Scottsdale, AZ 85250. Authorized
representatives of Indian tribes and
Native Hawaiian organizations and
traditional Native American religious
leaders are invited to participate in this
meeting. Tribal representatives wishing
to make a public presentation at this
session should submit a request to do so
by October 8, 2007, including evidence
that you are authorized to speak on
behalf of an Indian tribe or Native
Hawaiian organization.
2. Museum consultation: October 14,
2007, 10:45 a.m. to 12:45 p.m.,
Chaparral Suites Resort, 5001 North
Scottsdale Rd., Scottsdale, AZ 85250.
Authorized representatives of museums
and national museum and scientific
organizations are invited to participate
in this meeting. Representatives wishing
to make a public presentation at this
session should submit a request to do so
by October 8, 2007, including evidence
that you are authorized to speak on
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
45213
behalf of a museum or national museum
or scientific organization.
3. Museum-Tribal Dialogue: October
14, 2007, 2:30 p.m. to 5:00 p.m.,
Chaparral Suites Resort, 5001 North
Scottsdale Rd., Scottsdale, AZ 85250.
This facilitated discussion,
recommended by the Review
Committee, will provide the authorized
representatives of Indian tribes, Native
Hawaiian organizations, museums, and
national museum and scientific
organizations with a forum to identify
points of agreement regarding the
disposition of unclaimed Native
American human remains, funerary
objects, sacred objects, or objects of
cultural patrimony. The results of the
museum-tribal dialogue will be reported
to the Review Committee at its October
15–16, 2007, meeting.
4. Review Committee consultation:
October 15–16, 2007, 8:30 a.m. to 5:00
p.m., Heard Museum, 2301 North
Central Ave., Phoenix, AZ 85004. Time
will be scheduled during the Review
Committee meeting for members of the
public to provide oral and written
recommendations. Members of the
public wishing to make a public
presentation at the Review Committee
meeting should submit a request to do
so by October 8, 2007.
Requests to make presentations or
participate at any of the sessions should
be faxed to (202) 371–5197 by October
8, 2007. Written comments should be
postmarked or faxed to Sherry Hutt as
indicated under ADDRESSES no later
than December 1, 2007.
ADDRESSES: Written comments and
requests for public presentations may be
mailed to Sherry Hutt, Manager,
National NAGPRA Program, National
Park Service, 1849 C Street NW,
Washington, DC 20240. Comments may
also be faxed to Sherry Hutt at (202)
371–5197.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment - including your
personal identifying information - may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
The consultation/dialogue sessions
with Indian tribes, Native Hawaiian
organizations, traditional Native
American religious leaders, museums
and national museum and scientific
organizations on October 14, 2007 will
be held at Chaparral Suites Resort, 5001
North Scottsdale Rd., Scottsdale, AZ
E:\FR\FM\13AUP1.SGM
13AUP1
45214
Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules
sroberts on PROD1PC70 with PROPOSALS
85250. The consultation session with
the Native American Graves Protection
and Repatriation Review Committee on
October 15–16, 2007 will be held at
Heard Museum, 2301 North Central
Ave., Phoenix, AZ 85004.
FOR FURTHER INFORMATION CONTACT:
Sherry Hutt, Manager, National
NAGPRA Program, National Park
Service, 1849 C Street NW, Washington,
DC 20240, telephone: (202) 354–1479.
SUPPLEMENTARY INFORMATION: The
purpose of the consultation/dialogue
sessions is to provide Native American
organizations, museums and the
scientific community, and the Native
American Graves Protection and
Repatriation Review Committee with an
opportunity to consult on forthcoming
regulations regarding the disposition of
unclaimed Native American human
remains, funerary objects, sacred
objects, or objects of cultural patrimony
excavated or discovered on Federal or
tribal lands after November 16, 1990.
Previous consultation meetings were
held November 15–17, 2005, in
Albuquerque, NM, and April 18–20,
2007, in Washington, DC.
The October 14, 2007, 8:30 a.m. to
10:30 a.m. consultation meeting
supports the Secretary of the Interior’s
administrative policy on tribal
consultation by encouraging maximum
direct participation of representatives of
tribal governments on important
Departmental issues and processes.
The October 14, 2007, 10:45 a.m. to
12:45 p.m. consultation meeting
supports the Secretary of the Interior’s
responsibility to consult with museums
and the scientific community in the
development of these regulations.
The October 14, 2007, 2:30 p.m. to
5:00 p.m. museum-tribal facilitated
dialogue responds to a recommendation
of the Review Committee.
The October 15–16, 2007 consultation
meeting supports the Secretary of the
Interior’s responsibility to consult with
the Review Committee regarding the
development of regulations.
The Native American Graves
Protection and Repatriation Act
VerDate Aug<31>2005
17:02 Aug 10, 2007
Jkt 211001
provides criteria for determining the
ownership of Native American cultural
items that are excavated or discovered
on Federal or tribal lands after
November 16, 1990 [25 U.S.C. 3002 (a)].
The ownership or control of such items
is, with priority given in the order
listed:
(1) in the case of Native American
human remains and associated funerary
objects, in the lineal descendants of the
Native American; or
(2) in any case in which such lineal
descendants cannot be ascertained, and
in the case of unassociated funerary
objects, sacred objects, and objects of
cultural patrimony.
(A) in the Indian tribe or Native
Hawaiian organization on whose tribal
land such objects or remains were
discovered;
(B) In the Indian tribe or Native
Hawaiian organization which has the
closest cultural affiliation with such
remains or objects and which, upon
notice, states a claim for such remains
or objects; or
(C) If the cultural affiliation of the
objects cannot be reasonably ascertained
and if the objects were discovered on
Federal land that is recognized by a
final judgment of the Indian Claims
Commission or the United States Court
of Claims as the aboriginal land of some
Indian tribe.
(i) Iin the Indian tribe that is
recognized as aboriginally occupying
the area in which the objects were
discovered, if upon notice, such tribe
states a claim for such remains or
objects, or
(ii) If it can be shown by a
preponderance of the evidence that a
different tribe has a stronger cultural
relationship with the remains or objects
than the tribe or organization specified
in paragraph (i), in the Indian tribe that
has the strongest demonstrated
relationship, if upon notice, such tribe
states a claim for such remains or
objects.
The Act directs that Native American
cultural items not claimed under
subsection (a) shall be disposed of in
accordance with regulations
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
promulgated by the Secretary of the
Interior in consultation with the Review
Committee, Native American groups,
representatives of museums, and the
scientific community [25 U.S.C. 3002
(b)]. One section of the regulations was
reserved for procedures to effect the
disposition of Native American cultural
items that are not claimed [43 CFR
10.7].
Participants in the consultation
meetings are requested to comment on
the following issues:
(1) How should the regulations
address distinctions between:
(a) human remains, funerary objects,
sacred objects, or objects of cultural
patrimony remaining in Federal care for
which ownership or control is with a
lineal descendant or an Indian tribe or
Native Hawaiian organization on whose
lands the cultural items were
discovered?
(b) human remains, funerary objects,
sacred objects, or objects of cultural
patrimony remaining in Federal care for
which an Indian tribe or Native
Hawaiian organization has stated a
claim based on cultural affiliation,
aboriginal land, or cultural relationship?
(c) human remains, funerary objects,
sacred objects, or objects of cultural
patrimony remaining in Federal care for
which a non-federally recognized Indian
group has stated a claim based on a
relationship of shared group identity?
(d) human remains and associated
funerary objects remaining in Federal
care for which no claim has been made?
(2) Do current regulations regarding
the curation of Federally-owned and
administered archaeological collections
[36 CFR 79] adequately address the
management, preservation, and use of
human remains, funerary objects, sacred
objects, or objects of cultural patrimony
remaining in Federal care?
Dated: July 11, 2007.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E7–15823 Filed 8–10–07; 8:45 am]
BILLING CODE 4312–50–S
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]]>Agencies
[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Proposed Rules]
[Pages 45213-45214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15823]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
43 CFR Part 10
Consultation and Dialogue On Regulations Regarding The
Disposition Of Unclaimed Native American Human Remains, Funerary
Objects, Sacred Objects, Or Objects Of Cultural Patrimony Excavated Or
Discovered On Federal Or Tribal Lands After November 16, 1990, Pursuant
To Provisions Of The Native American Graves Protection And Repatriation
Act (NAGPRA)
AGENCY: National Park Service, Interior.
ACTION: Notice of consultation.
-----------------------------------------------------------------------
SUMMARY: This notice of consultation announces three consultation
meetings and a facilitated dialogue session (recommended by the Review
Committee) that will be held to obtain additional oral and written
recommendations on regulations to be drafted regarding the disposition
of unclaimed Native American human remains, funerary objects, sacred
objects, or objects of cultural patrimony that are excavated or
discovered on Federal or tribal lands after November 16, 1990. Previous
consultation meetings were held November, 2005, and April, 2007.
DATES:
The four consultation/dialogue sessions are scheduled for October
14-16, 2007:
1. Tribal consultation: October 14, 2007, 8:30 a.m. to 10:30 a.m.,
Chaparral Suites Resort, 5001 North Scottsdale Rd., Scottsdale, AZ
85250. Authorized representatives of Indian tribes and Native Hawaiian
organizations and traditional Native American religious leaders are
invited to participate in this meeting. Tribal representatives wishing
to make a public presentation at this session should submit a request
to do so by October 8, 2007, including evidence that you are authorized
to speak on behalf of an Indian tribe or Native Hawaiian organization.
2. Museum consultation: October 14, 2007, 10:45 a.m. to 12:45 p.m.,
Chaparral Suites Resort, 5001 North Scottsdale Rd., Scottsdale, AZ
85250. Authorized representatives of museums and national museum and
scientific organizations are invited to participate in this meeting.
Representatives wishing to make a public presentation at this session
should submit a request to do so by October 8, 2007, including evidence
that you are authorized to speak on behalf of a museum or national
museum or scientific organization.
3. Museum-Tribal Dialogue: October 14, 2007, 2:30 p.m. to 5:00
p.m., Chaparral Suites Resort, 5001 North Scottsdale Rd., Scottsdale,
AZ 85250. This facilitated discussion, recommended by the Review
Committee, will provide the authorized representatives of Indian
tribes, Native Hawaiian organizations, museums, and national museum and
scientific organizations with a forum to identify points of agreement
regarding the disposition of unclaimed Native American human remains,
funerary objects, sacred objects, or objects of cultural patrimony. The
results of the museum-tribal dialogue will be reported to the Review
Committee at its October 15-16, 2007, meeting.
4. Review Committee consultation: October 15-16, 2007, 8:30 a.m. to
5:00 p.m., Heard Museum, 2301 North Central Ave., Phoenix, AZ 85004.
Time will be scheduled during the Review Committee meeting for members
of the public to provide oral and written recommendations. Members of
the public wishing to make a public presentation at the Review
Committee meeting should submit a request to do so by October 8, 2007.
Requests to make presentations or participate at any of the
sessions should be faxed to (202) 371-5197 by October 8, 2007. Written
comments should be postmarked or faxed to Sherry Hutt as indicated
under ADDRESSES no later than December 1, 2007.
ADDRESSES: Written comments and requests for public presentations may
be mailed to Sherry Hutt, Manager, National NAGPRA Program, National
Park Service, 1849 C Street NW, Washington, DC 20240. Comments may also
be faxed to Sherry Hutt at (202) 371-5197.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment - including your personal identifying
information - may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
The consultation/dialogue sessions with Indian tribes, Native
Hawaiian organizations, traditional Native American religious leaders,
museums and national museum and scientific organizations on October 14,
2007 will be held at Chaparral Suites Resort, 5001 North Scottsdale
Rd., Scottsdale, AZ
[[Page 45214]]
85250. The consultation session with the Native American Graves
Protection and Repatriation Review Committee on October 15-16, 2007
will be held at Heard Museum, 2301 North Central Ave., Phoenix, AZ
85004.
FOR FURTHER INFORMATION CONTACT: Sherry Hutt, Manager, National NAGPRA
Program, National Park Service, 1849 C Street NW, Washington, DC 20240,
telephone: (202) 354-1479.
SUPPLEMENTARY INFORMATION: The purpose of the consultation/dialogue
sessions is to provide Native American organizations, museums and the
scientific community, and the Native American Graves Protection and
Repatriation Review Committee with an opportunity to consult on
forthcoming regulations regarding the disposition of unclaimed Native
American human remains, funerary objects, sacred objects, or objects of
cultural patrimony excavated or discovered on Federal or tribal lands
after November 16, 1990. Previous consultation meetings were held
November 15-17, 2005, in Albuquerque, NM, and April 18-20, 2007, in
Washington, DC.
The October 14, 2007, 8:30 a.m. to 10:30 a.m. consultation meeting
supports the Secretary of the Interior's administrative policy on
tribal consultation by encouraging maximum direct participation of
representatives of tribal governments on important Departmental issues
and processes.
The October 14, 2007, 10:45 a.m. to 12:45 p.m. consultation meeting
supports the Secretary of the Interior's responsibility to consult with
museums and the scientific community in the development of these
regulations.
The October 14, 2007, 2:30 p.m. to 5:00 p.m. museum-tribal
facilitated dialogue responds to a recommendation of the Review
Committee.
The October 15-16, 2007 consultation meeting supports the Secretary
of the Interior's responsibility to consult with the Review Committee
regarding the development of regulations.
The Native American Graves Protection and Repatriation Act provides
criteria for determining the ownership of Native American cultural
items that are excavated or discovered on Federal or tribal lands after
November 16, 1990 [25 U.S.C. 3002 (a)]. The ownership or control of
such items is, with priority given in the order listed:
(1) in the case of Native American human remains and associated
funerary objects, in the lineal descendants of the Native American; or
(2) in any case in which such lineal descendants cannot be
ascertained, and in the case of unassociated funerary objects, sacred
objects, and objects of cultural patrimony.
(A) in the Indian tribe or Native Hawaiian organization on whose
tribal land such objects or remains were discovered;
(B) In the Indian tribe or Native Hawaiian organization which has
the closest cultural affiliation with such remains or objects and
which, upon notice, states a claim for such remains or objects; or
(C) If the cultural affiliation of the objects cannot be reasonably
ascertained and if the objects were discovered on Federal land that is
recognized by a final judgment of the Indian Claims Commission or the
United States Court of Claims as the aboriginal land of some Indian
tribe.
(i) Iin the Indian tribe that is recognized as aboriginally
occupying the area in which the objects were discovered, if upon
notice, such tribe states a claim for such remains or objects, or
(ii) If it can be shown by a preponderance of the evidence that a
different tribe has a stronger cultural relationship with the remains
or objects than the tribe or organization specified in paragraph (i),
in the Indian tribe that has the strongest demonstrated relationship,
if upon notice, such tribe states a claim for such remains or objects.
The Act directs that Native American cultural items not claimed
under subsection (a) shall be disposed of in accordance with
regulations promulgated by the Secretary of the Interior in
consultation with the Review Committee, Native American groups,
representatives of museums, and the scientific community [25 U.S.C.
3002 (b)]. One section of the regulations was reserved for procedures
to effect the disposition of Native American cultural items that are
not claimed [43 CFR 10.7].
Participants in the consultation meetings are requested to comment
on the following issues:
(1) How should the regulations address distinctions between:
(a) human remains, funerary objects, sacred objects, or objects of
cultural patrimony remaining in Federal care for which ownership or
control is with a lineal descendant or an Indian tribe or Native
Hawaiian organization on whose lands the cultural items were
discovered?
(b) human remains, funerary objects, sacred objects, or objects of
cultural patrimony remaining in Federal care for which an Indian tribe
or Native Hawaiian organization has stated a claim based on cultural
affiliation, aboriginal land, or cultural relationship?
(c) human remains, funerary objects, sacred objects, or objects of
cultural patrimony remaining in Federal care for which a non-federally
recognized Indian group has stated a claim based on a relationship of
shared group identity?
(d) human remains and associated funerary objects remaining in
Federal care for which no claim has been made?
(2) Do current regulations regarding the curation of Federally-
owned and administered archaeological collections [36 CFR 79]
adequately address the management, preservation, and use of human
remains, funerary objects, sacred objects, or objects of cultural
patrimony remaining in Federal care?
Dated: July 11, 2007.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E7-15823 Filed 8-10-07; 8:45 am]
BILLING CODE 4312-50-S
