Native American Graves Protection and Repatriation Act Regulations, Definition of Indian Tribe, 33482-33483 [2014-13622]
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
§ 102–192.140 What types of support does
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(a) GSA supports Federal agency mail
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(3) Developing and providing access
to a Government-wide management
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(4) Helping agencies develop
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(b) For further information contact:
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[FR Doc. 2014–13592 Filed 6–10–14; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 10
[NPS–WASO–NAGPRA–15507;
PPWOCRADN0, PCU00RP14.R50000]
RIN 1024–AD98
Native American Graves Protection
and Repatriation Act Regulations,
Definition of Indian Tribe
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
The Department is confirming
the interim final rule published and
effective on July 5, 2011, removing the
definition of Indian tribe because it is
inconsistent with the statutory
definition of that term. The July 5, 2011,
publication stated that we would review
comments on the interim final rule and
either confirm the rule or initiate a
proposed rulemaking. We are
confirming the rule without change.
DATES: Effective Date: June 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Mail: Dr. Sherry Hutt, Manager, National
wreier-aviles on DSK6TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:10 Jun 10, 2014
Jkt 232001
NAGPRA Program, National Park
Service, 1849 C Street NW.,
Washington, DC 20240, or by telephone:
(202) 354–1479; facsimile: (202) 371–
5197; or email: sherry_hutt@nps.gov.
SUPPLEMENTARY INFORMATION:
Authority
The Secretary of the Interior is
responsible for implementing the Native
American Graves Protection and
Repatriation Act (NAGPRA or Act) (25
U.S.C. 3001 et seq.), including the
issuing of appropriate regulations that
interpret the provisions of the Act.
Background
The Act addresses the rights of lineal
descendants, Indian tribes, and Native
Hawaiian organizations to certain
Native American human remains,
funerary objects, sacred objects, and
objects of cultural patrimony. The Act
defines Indian tribe as any tribe, band,
nation, or other organized group or
community of Indians, including any
Alaska Native village (as defined in, or
established pursuant to, 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 (25 U.S.C. 3001(7)).
The Department of the Interior
(Department) published the initial rule
to implement the Act on December 4,
1995 (60 FR 62158). That rule defined
Indian tribe to include, in addition to
any Alaska Native village, any Alaska
Native corporation.
From July 2009 to July 2010, at the
request of Congress, the Government
Accountability Office (GAO) conducted
a performance audit to address the
status of NAGPRA implementation
among Federal agencies. In its report,
‘‘Native American Graves Protection
and Repatriation Act: After Almost 20
Years, Key Federal Agencies Still Have
Not Fully Complied with the Act’’
(Report no. GAO–10–768 (July 2010))
the GAO recommended, among other
things, that the National NAGPRA
Program, in conjunction with the
Department’s Office of the Solicitor,
reassess whether any Alaska Native
corporations should be considered as
‘‘eligible entities for purposes of
carrying out NAGPRA . . .’’ (GAO
Report, at 55).
The recommendation and analysis in
the report created significant
uncertainty on the part of museums and
Federal agencies concerning the status
of Alaska Native corporations under
NAGPRA. The Department received a
number of questions including whether
Alaska Native corporations may assert
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
claims for human remains and other
cultural items; whether the NAGPRA
requirements for consultation with
Indian tribes apply to Alaska Native
corporations; whether Alaska Native
corporations are authorized under the
law to bring matters to the NAGPRA
Review Committee; and whether Alaska
Native Corporations can be recipients of
grants authorized by NAGPRA.
To address these questions, and as
recommended by GAO, the
Department’s Office of the Solicitor
examined the legal basis for the existing
regulatory provision that included
Alaska Native corporations as Indian
tribes under the Act. The opinion of the
Solicitor’s Office is posted on the
National NAGPRA Program’s Web site
at https://www.nps.gov/history/nagpra.
The Solicitor’s Office found that in
the Act, Congress did not adopt the
definition of Indian tribe as it is defined
in the Indian Self-Determination and
Education Assistance Act (ISDEAA) (25
U.S.C. 450b). Although the ISDEAA
definition includes Alaska Native
corporations, the NAGPRA definition
does not. According to the legislative
history of NAGPRA, the definition of
Indian tribe in the Act was deliberately
changed from that in the ISDEAA in
order to ‘‘delete [ ] land owned by any
Alaska Native Corporation from being
considered as ‘tribal land’ (136 Cong.
Rec. 36,815 (1990)). Accordingly, the
Solicitor’s Office recommended that the
regulatory definition of Indian tribe be
changed to conform to the statutory
definition.
In response to the Solicitor’s Office
recommendation, the Department
published an interim final rule that
removed and reserved paragraph (b)(2)
of 43 CFR 10.2 that had contained the
regulatory definition of Indian tribe (76
FR 39007, July 5, 2011). The interim
final rule also contained a request for
comments, and for good cause made the
interim final rule effective upon
publication in the Federal Register.
This good-cause finding was based on
the uncertainty caused by the July 2010
GAO NAGPRA report and the need to
ensure compliance with the
requirements of the Act. Since then, the
Department has been using only the
statutory definition of Indian tribe to
implement the Act.
We received one written comment
during the 60-day comment period from
one member of the public. The
commenter supported the removal of
the definition of Indian tribe.
E:\FR\FM\11JNR1.SGM
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
PART 10—NATIVE AMERICAN
GRAVES PROTECTION AND
REPATRIATION REGULATIONS
Dated: May 27, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
Therefore, the interim rule published
July 5, 2011, at 76 FR 39007, is
confirmed as final without change.
[FR Doc. 2014–13622 Filed 6–10–14; 8:45 am]
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33483
]]>Agencies
[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Rules and Regulations]
[Pages 33482-33483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13622]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 10
[NPS-WASO-NAGPRA-15507; PPWOCRADN0, PCU00RP14.R50000]
RIN 1024-AD98
Native American Graves Protection and Repatriation Act
Regulations, Definition of Indian Tribe
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department is confirming the interim final rule published
and effective on July 5, 2011, removing the definition of Indian tribe
because it is inconsistent with the statutory definition of that term.
The July 5, 2011, publication stated that we would review comments on
the interim final rule and either confirm the rule or initiate a
proposed rulemaking. We are confirming the rule without change.
DATES: Effective Date: June 11, 2014.
FOR FURTHER INFORMATION CONTACT: Mail: Dr. Sherry Hutt, Manager,
National NAGPRA Program, National Park Service, 1849 C Street NW.,
Washington, DC 20240, or by telephone: (202) 354-1479; facsimile: (202)
371-5197; or email: sherry_hutt@nps.gov.
SUPPLEMENTARY INFORMATION:
Authority
The Secretary of the Interior is responsible for implementing the
Native American Graves Protection and Repatriation Act (NAGPRA or Act)
(25 U.S.C. 3001 et seq.), including the issuing of appropriate
regulations that interpret the provisions of the Act.
Background
The Act addresses the rights of lineal descendants, Indian tribes,
and Native Hawaiian organizations to certain Native American human
remains, funerary objects, sacred objects, and objects of cultural
patrimony. The Act defines Indian tribe as any tribe, band, nation, or
other organized group or community of Indians, including any Alaska
Native village (as defined in, or established pursuant to, 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 (25
U.S.C. 3001(7)).
The Department of the Interior (Department) published the initial
rule to implement the Act on December 4, 1995 (60 FR 62158). That rule
defined Indian tribe to include, in addition to any Alaska Native
village, any Alaska Native corporation.
From July 2009 to July 2010, at the request of Congress, the
Government Accountability Office (GAO) conducted a performance audit to
address the status of NAGPRA implementation among Federal agencies. In
its report, ``Native American Graves Protection and Repatriation Act:
After Almost 20 Years, Key Federal Agencies Still Have Not Fully
Complied with the Act'' (Report no. GAO-10-768 (July 2010)) the GAO
recommended, among other things, that the National NAGPRA Program, in
conjunction with the Department's Office of the Solicitor, reassess
whether any Alaska Native corporations should be considered as
``eligible entities for purposes of carrying out NAGPRA . . .'' (GAO
Report, at 55).
The recommendation and analysis in the report created significant
uncertainty on the part of museums and Federal agencies concerning the
status of Alaska Native corporations under NAGPRA. The Department
received a number of questions including whether Alaska Native
corporations may assert claims for human remains and other cultural
items; whether the NAGPRA requirements for consultation with Indian
tribes apply to Alaska Native corporations; whether Alaska Native
corporations are authorized under the law to bring matters to the
NAGPRA Review Committee; and whether Alaska Native Corporations can be
recipients of grants authorized by NAGPRA.
To address these questions, and as recommended by GAO, the
Department's Office of the Solicitor examined the legal basis for the
existing regulatory provision that included Alaska Native corporations
as Indian tribes under the Act. The opinion of the Solicitor's Office
is posted on the National NAGPRA Program's Web site at https://www.nps.gov/history/nagpra.
The Solicitor's Office found that in the Act, Congress did not
adopt the definition of Indian tribe as it is defined in the Indian
Self-Determination and Education Assistance Act (ISDEAA) (25 U.S.C.
450b). Although the ISDEAA definition includes Alaska Native
corporations, the NAGPRA definition does not. According to the
legislative history of NAGPRA, the definition of Indian tribe in the
Act was deliberately changed from that in the ISDEAA in order to
``delete [ ] land owned by any Alaska Native Corporation from being
considered as `tribal land' (136 Cong. Rec. 36,815 (1990)).
Accordingly, the Solicitor's Office recommended that the regulatory
definition of Indian tribe be changed to conform to the statutory
definition.
In response to the Solicitor's Office recommendation, the
Department published an interim final rule that removed and reserved
paragraph (b)(2) of 43 CFR 10.2 that had contained the regulatory
definition of Indian tribe (76 FR 39007, July 5, 2011). The interim
final rule also contained a request for comments, and for good cause
made the interim final rule effective upon publication in the Federal
Register. This good-cause finding was based on the uncertainty caused
by the July 2010 GAO NAGPRA report and the need to ensure compliance
with the requirements of the Act. Since then, the Department has been
using only the statutory definition of Indian tribe to implement the
Act.
We received one written comment during the 60-day comment period
from one member of the public. The commenter supported the removal of
the definition of Indian tribe.
[[Page 33483]]
PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
REGULATIONS
0
Therefore, the interim rule published July 5, 2011, at 76 FR 39007, is
confirmed as final without change.
Dated: May 27, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-13622 Filed 6-10-14; 8:45 am]
BILLING CODE 4312-EJ-P
