99-19452. Notice of Draft Principles of Agreement Regarding the Disposition of Culturally Unidentifiable Human Remains Extended Date for Comments  

  • [Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
    [Notices]
    [Pages 41135-41136]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-19452]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    National Park Service
    
    
    Notice of Draft Principles of Agreement Regarding the Disposition 
    of Culturally Unidentifiable Human Remains-- Extended Date for Comments
    
    AGENCY: National Park Service
    
    ACTION: Notice
    
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        Section 8 (c)(5) of the Native American Graves Protection and 
    Repatriation Act (NAGPRA) (25 U.S.C. 3006 (c)(5)) requires the Review 
    Committee to recommend specific actions for developing a process for 
    the disposition of culturally unidentifiable Native American human 
    remains. The Review Committee has developed the following draft 
    principles of agreement for comment and discussion. The document is 
    intended for wide circulation to elicit comments from Indian tribes, 
    Native Hawaiian organizations, museums, Federal agencies, and national 
    scientific and museum organizations.
        Anyone interested in commenting on the review committee's draft 
    principles of agreement should send written comments to:
        The NAGPRA Review Committee
        c/o Departmental Consulting Archeologist
        National Park Service (2275)
        1849 C St. NW. (NC340)
        Washington DC, 20240
        Comments received by September 3, 1999 will be considered by the 
    committee at its next scheduled meeting. For additional information, 
    please contact Dr. C. Timothy McKeown at (202) 343-4101.
        Note: We will not accept any comments in electronic form.
    Dated: July 23, 1999.
    Veletta Canouts,
    Acting Departmental Consulting Archeologist,
    Deputy Manager, Archeology and Ethnography Program.
        DRAFT PRINCIPLES OF AGREEMENT
        At its June 25-27, 1998 meeting, the NAGPRA Review Committee 
    examined the legislative history of NAGPRA and discussed both the law's 
    intent and how to proceed with one of the Committee's most pressing 
    tasks-- making recommendations on the disposition of culturally 
    unidentifiable human remains. One result was a set of principles. 
    Working from these, the Review Committee offers the following draft 
    principles of agreement as a next step for discussion. The Committee 
    wishes to underscore the preliminary nature of these principles and 
    their placement as a beginning point for consideration of this topic.
        A. Intent of NAGPRA.
        1. The legislative intent of NAGPRA is stated by the statute's 
    title, the ``Native American Graves Protection and Repatriation Act''.
        2. Specifically, the statute mandates:
        a. The disposition of all Native American human remains and 
    cultural items excavated on Federal lands after November 16, 1990,
        b. The repatriation of culturally affiliated human remains and 
    associated funerary objects in Federal agency and museum collections,
        c. The development of regulations for the disposition of unclaimed 
    remains and objects (under 25 U.S.C. 3002) and culturally unidentified 
    human remains in Federal agency and museum collections (under 25 U.S.C. 
    3006).
        3. The legal standing of funerary objects associated with 
    culturally unidentifiable human remains is not addressed by NAGPRA and 
    is beyond the Review Committee's charge.
        4. While the statute does not always specify disposition, it is 
    implicit that:
        a. The process be primarily in the hands of Native people (as the 
    nearest next of kin),
        b. Repatriation is the most reasonable and consistent choice.
        5. Additionally, a fundamental tension exists within the statute
    
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    between the legitimate and long denied need to return control over 
    ancestral remains and funerary objects to Native people, and the 
    legitimate public interest in the educational, historical and 
    scientific information conveyed by those remains and objects. (25 
    U.S.C. 3002 (c); 25 U.S.C. 3005 (b))
        B. Culturally Unidentifiable Human Remains.
        1. Federal agencies and museums must make a decision as to whether 
    all Native American human remains are related to lineal descendants, 
    culturally affiliated with a present day Federally recognized Indian 
    tribe, or are culturally unidentifiable. This determination must be 
    made through a good faith evaluation of all relevant, available 
    documentation and consultation with any appropriate Indian tribe.
        2. A determination that human remains are culturally unidentifiable 
    may change as additional information becomes available.
        3. Human remains can be identified as ``culturally unidentifiable'' 
    for different reasons. At present, four categories are recognized:
        a. Those which are culturally affiliated, but with a non-Federally 
    recognized Native American group.
        b. Those which represent a defined past population, but for which 
    no present day Indian tribe exists.
        c. Those for which some evidence exists, but insufficient for a 
    Federal agency or museum to make a determination of cultural 
    affiliation.
        d. Those for which no information exists.
        C. Guidelines for the disposition of culturally unidentifiable 
    human remains.
        1. Four principles must serve as the foundation for any regulations 
    on the disposition of culturally unidentifiable human remains. They 
    must be:
        a. Respectful. Culturally unidentifiable human remains are no less 
    deserving of respect than those for which culturally affiliation can be 
    established. While the Review Committee is aware that the term 
    'culturally unidentifiable' is inherently offensive to many Native 
    people, it is the term used in the statute.
        b. Equitable. Regulations must be perceived as fair and within the 
    intent of the statute.
        c. Doable. Regulations must propose a process that is possible for 
    Federal agencies, museums, and claimants and worth the effort to 
    implement.
        d. Enforceable. There is no point in making regulations that can 
    not or will not be enforced.
        2. Since human remains may be determined to be culturally 
    unidentifiable for different reasons, there will be more than one 
    appropriate disposition/repatriation solution. Examples:
        a. Human remains that are, technically, culturally unidentifiable 
    because the appropriate claimant is not federally recognized [section 
    B(3)(a.) above], may be repatriated once federal recognition has been 
    granted, or if the claimant works with another culturally affiliated, 
    federally recognized Indian tribe (example--the Titicut site / Mashpee 
    case).
        b. Human remains for which there is little or no information 
    [section B(3)(c. and d.) above] should be speedily repatriated since 
    they have little educational, historical or scientific value.
        3. Documentation.
        a. Since documentation is required (25 U.S.C. 3003 (b)(2)), it is 
    appropriate that it be conducted in accordance with defined standards.
        b. Documentation should be proportional to the importance of the 
    information conveyed. For example, remains from a defined past 
    population for which no present-day Indian tribe exists [section 
    B(3)(b.) above] are of far greater educational, historical and 
    scientific importance than those for which there is little or no 
    information [section B(3)(c) and (d) above].
        c. Appropriate documentation includes non-invasive techniques such 
    as measurement, description and photography.
        d. Invasive testing is not required for statutory documentation. 
    Such testing may be performed if agreed upon by the parties in 
    consultation.
        e. Documentation prepared for compliance with the statute is a 
    public record.
        D. Models for the disposition of culturally unidentifiable human 
    remains.
        1. Joint recommendations by institutions, Federal agencies, or 
    states and appropriate claimants. The Review Committee has recommended 
    the repatriation of culturally unidentifiable human remains in those 
    cases where:
        a. All the relevant parties have agreed in writing,
        b. Statutory requirements have been met,
        c. The guidelines listed above have been followed.
        These cases have included institutions (University of Nebraska, 
    Lincoln), units of the National Park Service (Carlsbad Caverns NP and 
    Guadalupe Mountains NM), and states (Minnesota and Iowa).
        2. Regional consultations
        Historical and cultural factors, and therefore issues concerning 
    the definition and disposition of culturally unidentifiable human 
    remains, vary significantly across the United States. For example, 
    issues in the Southeast, where most Indian tribes were forcibly removed 
    during the 19th century, are very different from those in the Southwest 
    where many Indian tribes remain on their ancestral lands. Similarly, 
    issues in the Northeast and California differ significantly from those 
    in the Great Plains. Therefore, it is reasonable to look for regional 
    solutions that best fit regional circumstances.
        The Review Committee recommends a process in which the Federal 
    agencies, institutions and Indian tribes within a region consult 
    together and propose the most appropriate disposition solutions for 
    that region.
        As with joint recommendations, any proposed regional disposition 
    must meet both statutory requirements and the guidelines listed above.
    [FR Doc. 99-19452 Filed 7-28-99; 8:45 am]
    BILLING CODE 4310-70-F
    
    
    

Document Information

Published:
07/29/1999
Department:
National Park Service
Entry Type:
Notice
Action:
Notice
Document Number:
99-19452
Pages:
41135-41136 (2 pages)
PDF File:
99-19452.pdf