81 FR 70133 - Native American Graves Protection and Repatriation Review Committee Findings and Recommendations Regarding Human Remains and Associated Funerary Objects for the Pueblo of Santa Ana, New Mexico
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 81, Issue 196 (October 11, 2016)
National Park Service
Federal Register Volume 81, Issue 196 (October 11, 2016)
| Page Range | 70133-70134 | |
| FR Document | 2016-24467 |
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)] [Notices] [Pages 70133-70134] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24467] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-21877]; [PPWOCRADN0-PCU00RP14.R50000] Native American Graves Protection and Repatriation Review Committee Findings and Recommendations Regarding Human Remains and Associated Funerary Objects for the Pueblo of Santa Ana, New Mexico AGENCY: National Park Service, Interior. ACTION: Findings and recommendations. ----------------------------------------------------------------------- SUMMARY: The National Park Service is publishing this notice as part of its administrative responsibilities pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA or the Act). The recommendations, findings, and actions in this notice are advisory only and are not binding on any person and may be admissible in any action brought under section 15 of the Act. The Native American Graves Protection and Repatriation Review Committee (Review Committee) finds there is a relationship of shared group identity that can be reasonably traced between certain Native American human remains and associated funerary objects and the Kewa Pueblo, New Mexico, Pueblo of San Felipe, New Mexico, and Pueblo of Santa Ana, New Mexico. The Review Committee recommends that the Pueblo of Santa Ana, New Mexico, take the lead in repatriation and reburial of the human remains. ADDRESSES: The Review Committee meeting transcript containing the proceedings and Review Committee deliberation and findings is available online at http://www.nps.gov/nagpra/Review or from the National NAGPRA Program upon request ([email protected]). SUPPLEMENTARY INFORMATION: The recommendations, findings, and actions of the Review Committee are advisory only and not binding on any person. These advisory findings and recommendations do not necessarily represent the views of the National Park Service or Secretary of the Interior. The National Park Service and the Secretary of the Interior have not taken a position on these matters. The Review Committee was established by Section 8 of the Act, and is an advisory body governed by the Federal Advisory Committee Act, as amended, 5 U.S.C., App. Pursuant to 25 U.S.C. 3006(d), any records and findings made by the Review Committee relating to the identity or cultural affiliation of any cultural items and the return of such items may be admissible in any action brought under section 15 of the Act (25 U.S.C. 3013). At its July 13, 2016, public meeting in Missoula, MT, the Review Committee heard a request from the Pueblo of Santa Ana, New Mexico, as an affected party. The Pueblo of Santa Ana requested a finding of fact and the facilitation of a resolution of a dispute before the Review Committee and asked that the Review Committee consider the cultural affiliation and most appropriate claimant for human remains and associated funerary objects under the control of the American Museum of Natural History (AMNH). In 1914, human remains representing, at minimum, 37 individuals and 3 associated funerary objects were removed from Pueblo San Pedro Viejo, in Bernalillo County, NM, during excavations sponsored by the AMNH. AMNH has determined that there is a relationship of shared group identity (cultural affiliation) that can be reasonably traced between these Native American human remains and associated funerary objects and Kewa Pueblo, New Mexico, Pueblo of San Felipe, New Mexico, and Pueblo of Santa Ana, New Mexico. The AMNH published its determination of cultural affiliation in a Notice of Inventory Completion in the Federal Register (80 FR 76304- 76305, December 8, 2015). Subsequently, the Pueblo of San Felipe and the Pueblo of Santa Ana made separate requests for the repatriation of the human remains and associated funerary objects. Based on the information in AMNH's possession, AMNH could not determine the most appropriate of the two claimants pursuant to the NAGPRA regulations (43 CFR 10.10(c)(2)). The Pueblo of Santa Ana disputes AMNH's determination that the Kewa Pueblo, New Mexico, and the Pueblo of [[Page 70134]] San Felipe, New Mexico, are culturally affiliated with Pueblo San Pedro Viejo and the individuals whose human remains were removed from the site. The Pueblo of Santa Ana disputes AMNH's decision that it could not determine the Pueblo of Santa Ana to be the most appropriate claimant. The Pueblo of Santa Ana requested that the Review Committee review the record, first make a finding of fact on cultural affiliation, and then, if necessary, make a recommendation to the parties on resolving the dispute concerning the most appropriate claimant. Such finding of fact and facilitation of the resolution of this dispute between the Pueblo of Santa Ana and AMNH are the express responsibilities of the Review Committee under the provisions of Act at 25 U.S.C. 3006(c)(3) and (4). The Designated Federal Officer and the Review Committee Chair agreed that the Review Committee would consider the request at a public meeting held on July 13, 2016, in Missoula, MT. Finding of Fact and Recommendation to the Parties: All seven Review Committee members currently appointed by the Secretary of the Interior participated. By a vote of five (5) to one (1) (the Chair did not vote), the Review Committee: (a) Agreed with AMNH's determination that there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects removed from Pueblo San Pedro Viejo and the Kewa Pueblo, New Mexico, Pueblo of San Felipe, New Mexico, and Pueblo of Santa Ana, New Mexico; and (b) recommended that ``the Pueblo of Santa Ana take the lead in repatriation and reburial.'' Dated: September 6, 2016. Armand Minthorn, Chair, Native American Graves Protection and Repatriation Review Committee. [FR Doc. 2016-24467 Filed 10-7-16; 8:45 am] BILLING CODE 4312-52-P
![Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices 70133
proposed boundary modifications: The Public Availability of Comments SUPPLEMENTARY INFORMATION: The
Chair and Ranking Member of the House Before including your address, phone recommendations, findings, and actions
of Representatives Committee on number, email address, or other of the Review Committee are advisory
Natural Resources; the Chair and personal identifying information in your only and not binding on any person.
Ranking Member of the Senate comment, you should be aware that These advisory findings and
Committee on Environment and Public your entire comment—including your recommendations do not necessarily
Works; the members of the Senate and personal identifying information—may represent the views of the National Park
House of Representatives for the be made publicly available at any time. Service or Secretary of the Interior. The
affected areas; the Governors of the While you can ask us in your comment National Park Service and the Secretary
affected areas; the local elected officials to withhold your personal identifying of the Interior have not taken a position
of the affected areas; and the information from public review, we on these matters.
appropriate Federal, State, and local The Review Committee was
cannot guarantee that we will be able to
agency officials. established by Section 8 of the Act, and
do so.
Federal, State, and local officials may is an advisory body governed by the
submit written comments and Gary Frazer, Federal Advisory Committee Act, as
accompanying data to the individual Assistant Director for Ecological Services. amended, 5 U.S.C., App. Pursuant to 25
and location identified in the [FR Doc. 2016–24461 Filed 10–7–16; 8:45 am] U.S.C. 3006(d), any records and findings
ADDRESSES section above. We will also BILLING CODE 4333–15–P
made by the Review Committee relating
accept digital Geographic Information to the identity or cultural affiliation of
System (GIS) data files that are any cultural items and the return of
accompanied by written comments. DEPARTMENT OF THE INTERIOR such items may be admissible in any
Comments regarding specific units action brought under section 15 of the
should reference the appropriate CBRS National Park Service Act (25 U.S.C. 3013).
At its July 13, 2016, public meeting in
unit number and unit name. Please note [NPS–WASO–NAGPRA–21877];
Missoula, MT, the Review Committee
that boundary modifications through [PPWOCRADN0–PCU00RP14.R50000]
heard a request from the Pueblo of Santa
this process can only be made to reflect
Native American Graves Protection Ana, New Mexico, as an affected party.
changes that have occurred in the size
and Repatriation Review Committee The Pueblo of Santa Ana requested a
or location of any CBRS unit as a result
Findings and Recommendations finding of fact and the facilitation of a
of natural forces, voluntary additions to
Regarding Human Remains and resolution of a dispute before the
the CBRS, or additions of excess Federal
Associated Funerary Objects for the Review Committee and asked that the
property to the CBRS (as authorized
Pueblo of Santa Ana, New Mexico Review Committee consider the cultural
under 16 U.S.C. 3503(c)–(e)); other affiliation and most appropriate
requests for changes to the CBRS will AGENCY: National Park Service, Interior. claimant for human remains and
not be considered at this time. We must ACTION: Findings and recommendations. associated funerary objects under the
receive comments on or before the date control of the American Museum of
listed in DATES. SUMMARY: The National Park Service is Natural History (AMNH).
publishing this notice as part of its In 1914, human remains representing,
Availability of Draft Maps and Related
administrative responsibilities pursuant at minimum, 37 individuals and 3
Information
to the Native American Graves associated funerary objects were
The draft maps and digital boundary Protection and Repatriation Act removed from Pueblo San Pedro Viejo,
data can be accessed and downloaded (NAGPRA or the Act). The in Bernalillo County, NM, during
from the Service’s Web site: http:// recommendations, findings, and actions excavations sponsored by the AMNH.
www.fws.gov/ecological-services/ in this notice are advisory only and are AMNH has determined that there is a
habitat-conservation/Coastal.html. The not binding on any person and may be relationship of shared group identity
digital boundary data are available for admissible in any action brought under (cultural affiliation) that can be
reference purposes only. The digital section 15 of the Act. The Native reasonably traced between these Native
boundaries are best viewed using the American Graves Protection and American human remains and
base imagery to which the boundaries Repatriation Review Committee (Review associated funerary objects and Kewa
were drawn; this information is printed Committee) finds there is a relationship Pueblo, New Mexico, Pueblo of San
in the title block of the draft maps. The of shared group identity that can be Felipe, New Mexico, and Pueblo of
Service is not responsible for any reasonably traced between certain Santa Ana, New Mexico.
misuse or misinterpretation of the Native American human remains and The AMNH published its
digital boundary data. associated funerary objects and the determination of cultural affiliation in a
Interested parties may also contact the Kewa Pueblo, New Mexico, Pueblo of Notice of Inventory Completion in the
Service individual identified in the FOR San Felipe, New Mexico, and Pueblo of Federal Register (80 FR 76304–76305,
FURTHER INFORMATION CONTACT section of Santa Ana, New Mexico. The Review December 8, 2015). Subsequently, the
this notice to make arrangements to Committee recommends that the Pueblo Pueblo of San Felipe and the Pueblo of
view the draft maps at the Service’s of Santa Ana, New Mexico, take the lead Santa Ana made separate requests for
Headquarters office. Interested parties in repatriation and reburial of the the repatriation of the human remains
who are unable to access the draft maps human remains. and associated funerary objects. Based
asabaliauskas on DSK3SPTVN1PROD with NOTICES
via the Service’s Web site or at the ADDRESSES: The Review Committee on the information in AMNH’s
Service’s Headquarters office may meeting transcript containing the possession, AMNH could not determine
contact the Service individual identified proceedings and Review Committee the most appropriate of the two
in the FOR FURTHER INFORMATION deliberation and findings is available claimants pursuant to the NAGPRA
CONTACT section above, and reasonable online at http://www.nps.gov/nagpra/ regulations (43 CFR 10.10(c)(2)).
accommodations will be made to ensure Review or from the National NAGPRA The Pueblo of Santa Ana disputes
the individual’s ability to view the draft Program upon request (Nagpra_info@ AMNH’s determination that the Kewa
maps. nps.gov). Pueblo, New Mexico, and the Pueblo of
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![70134 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices
San Felipe, New Mexico, are culturally SUMMARY: The National Park Service is culturally affiliated with the Wiyot
affiliated with Pueblo San Pedro Viejo publishing this notice as part of its Tribe. On February 25, 2015, PHMA
and the individuals whose human administrative responsibilities pursuant denied the Wiyot Tribe’s claim to the
remains were removed from the site. to the Native American Graves items as objects of cultural patrimony
The Pueblo of Santa Ana disputes Protection and Repatriation Act and/or sacred objects under NAGPRA.
AMNH’s decision that it could not (NAGPRA or the Act). The On December 9, 2015, after the Wiyot
determine the Pueblo of Santa Ana to be recommendations, findings, and actions Tribe provided additional
the most appropriate claimant. The in this notice are advisory only and are documentation to support its claim,
Pueblo of Santa Ana requested that the not binding on any person and may be PHMA upheld its determination that the
Review Committee review the record, admissible in any action brought under items were not eligible for repatriation
first make a finding of fact on cultural section 15 of the Act. The Native under NAGPRA. On February 23, 2016,
affiliation, and then, if necessary, make American Graves Protection and the Wiyot Tribe appealed PHMA’s
a recommendation to the parties on Repatriation Review Committee (Review determination through the University of
resolving the dispute concerning the Committee) finds that certain items California Office of the President
most appropriate claimant. meet the definition of ‘‘sacred objects’’ (UCOP) and on June 7, 2016, UCOP
Such finding of fact and facilitation of but do not meet the definition of upheld PHMA’s determination that the
the resolution of this dispute between ‘‘objects of cultural patrimony’’ under items do not meet the NAGPRA
the Pueblo of Santa Ana and AMNH are the Act and its implementing definition of sacred objects or objects of
the express responsibilities of the regulations. cultural patrimony.
Review Committee under the provisions ADDRESSES: The Review Committee
The Wiyot Tribe disputes PHMA’s
of Act at 25 U.S.C. 3006(c)(3) and (4). meeting transcript containing the determination that the items do not
The Designated Federal Officer and the proceedings and Review Committee meet the definition of objects of cultural
Review Committee Chair agreed that the deliberation and findings is available patrimony and/or sacred objects. The
Review Committee would consider the online at http://www.nps.gov/nagpra/ Wiyot Tribe requested that the Review
request at a public meeting held on July Review or from the National NAGPRA Committee review the record, first make
13, 2016, in Missoula, MT. Program upon request (Nagpra_info@ a finding of fact on the identity of the
Finding of Fact and Recommendation nps.gov). items, and then, if necessary, make a
to the Parties: All seven Review recommendation to the parties on
SUPPLEMENTARY INFORMATION: The resolving the dispute.
Committee members currently
appointed by the Secretary of the recommendations, findings, and actions Such finding of fact and facilitation of
Interior participated. By a vote of five of the Review Committee are advisory the resolution of this dispute between
(5) to one (1) (the Chair did not vote), only and not binding on any person. the Wiyot Tribe and PHMA are the
the Review Committee: These advisory findings and express responsibilities of the Review
(a) Agreed with AMNH’s recommendations do not necessarily Committee under the provisions of the
determination that there is a represent the views of the National Park Act at 25 U.S.C. 3006(c)(3) and (4). The
relationship of shared group identity Service or Secretary of the Interior. The Designated Federal Officer and the
that can be reasonably traced between National Park Service and the Secretary Review Committee Chair agreed that the
the Native American human remains of the Interior have not taken a position Review Committee would consider the
and associated funerary objects removed on these matters. request at a public meeting held on July
from Pueblo San Pedro Viejo and the The Review Committee was 14, 2016, in Missoula, MT.
Kewa Pueblo, New Mexico, Pueblo of established by Section 8 of the Act, and Finding Of Fact: Six of the seven
San Felipe, New Mexico, and Pueblo of is an advisory body governed by the Review Committee members currently
Santa Ana, New Mexico; and Federal Advisory Committee Act, as appointed by the Secretary of the
(b) recommended that ‘‘the Pueblo of amended, 5 U.S.C., App. Pursuant to 25 Interior participated. By a vote of four
Santa Ana take the lead in repatriation U.S.C. 3006(d), any records and findings (4) to one (1) (the Chair did not vote),
and reburial.’’ made by the Review Committee relating the Review Committee found that the
to the identity or cultural affiliation of items are sacred objects under
Dated: September 6, 2016. any cultural items and the return of NAGPRA. By a vote of three (3) to two
Armand Minthorn, such items may be admissible in any (2) (the Chair did not vote), the Review
Chair, Native American Graves Protection action brought under section 15 of the Committee found that the items are not
and Repatriation Review Committee. Act (25 U.S.C. 3013). objects of cultural patrimony under
[FR Doc. 2016–24467 Filed 10–7–16; 8:45 am] At its July 14, 2016, public meeting in NAGPRA.
BILLING CODE 4312–52–P Missoula, MT, the Review Committee
Dated: September 6, 2016.
heard a request from the Wiyot Tribe,
California, as an affected party. The Armand Minthorn,
DEPARTMENT OF THE INTERIOR Wiyot Tribe requested a finding of fact Chair, Native American Graves Protection
and Repatriation Review Committee.
and the facilitation of a resolution of a
National Park Service dispute before the Review Committee [FR Doc. 2016–24468 Filed 10–7–16; 8:45 am]
[NPS–WASO–NAGPRA–21878; and asked that the Review Committee BILLING CODE 4312–52–P
PPWOCRADN0–PCU00RP14.R50000] consider the identity of cultural items
under the control of the Phoebe A.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Native American Graves Protection Hearst Museum of Anthropology, DEPARTMENT OF JUSTICE
and Repatriation Review Committee University of California Berkeley
Findings and Recommendations (PHMA). Federal Bureau of Investigation
Regarding Cultural Items for the Wiyot In April 2014, the Wiyot Tribe
Tribe, California Meeting of the CJIS Advisory Policy
submitted a written request for the
Board
AGENCY: National Park Service, Interior. repatriation of two sets of shamanic
regalia, claimed as both sacred objects AGENCY: Federal Bureau of Investigation
ACTION: Findings and recommendations.
and objects of cultural patrimony and (FBI), DOJ.
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Document Created: 2018-02-13 16:34:01
Document Modified: 2018-02-13 16:34:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Findings and recommendations. | |
| FR Citation | 81 FR 70133 |
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