81_FR_70330 81 FR 70134 - Native American Graves Protection and Repatriation Review Committee Findings and Recommendations Regarding Cultural Items for the Wiyot Tribe, California

81 FR 70134 - Native American Graves Protection and Repatriation Review Committee Findings and Recommendations Regarding Cultural Items for the Wiyot Tribe, California

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70134-70134
FR Document2016-24468

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 that certain items meet the definition of ``sacred objects'' but do not meet the definition of ``objects of cultural patrimony'' under the Act and its implementing regulations.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016) 
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Page 70134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24468]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-21878; PPWOCRADN0-PCU00RP14.R50000]


Native American Graves Protection and Repatriation Review 
Committee Findings and Recommendations Regarding Cultural Items for the 
Wiyot Tribe, California

AGENCY: National Park Service, Interior.

ACTION: Findings and recommendations.

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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 
that certain items meet the definition of ``sacred objects'' but do not 
meet the definition of ``objects of cultural patrimony'' under the Act 
and its implementing regulations.

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 14, 2016, public meeting in Missoula, MT, the Review 
Committee heard a request from the Wiyot Tribe, California, as an 
affected party. The Wiyot Tribe 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 identity of cultural 
items under the control of the Phoebe A. Hearst Museum of Anthropology, 
University of California Berkeley (PHMA).
    In April 2014, the Wiyot Tribe submitted a written request for the 
repatriation of two sets of shamanic regalia, claimed as both sacred 
objects and objects of cultural patrimony and culturally affiliated 
with the Wiyot Tribe. On February 25, 2015, PHMA denied the Wiyot 
Tribe's claim to the items as objects of cultural patrimony and/or 
sacred objects under NAGPRA. On December 9, 2015, after the Wiyot Tribe 
provided additional documentation to support its claim, PHMA upheld its 
determination that the items were not eligible for repatriation under 
NAGPRA. On February 23, 2016, the Wiyot Tribe appealed PHMA's 
determination through the University of California Office of the 
President (UCOP) and on June 7, 2016, UCOP upheld PHMA's determination 
that the items do not meet the NAGPRA definition of sacred objects or 
objects of cultural patrimony.
    The Wiyot Tribe disputes PHMA's determination that the items do not 
meet the definition of objects of cultural patrimony and/or sacred 
objects. The Wiyot Tribe requested that the Review Committee review the 
record, first make a finding of fact on the identity of the items, and 
then, if necessary, make a recommendation to the parties on resolving 
the dispute.
    Such finding of fact and facilitation of the resolution of this 
dispute between the Wiyot Tribe and PHMA are the express 
responsibilities of the Review Committee under the provisions of the 
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 14, 2016, in 
Missoula, MT.
    Finding Of Fact: Six of the seven Review Committee members 
currently appointed by the Secretary of the Interior participated. By a 
vote of four (4) to one (1) (the Chair did not vote), the Review 
Committee found that the items are sacred objects under NAGPRA. By a 
vote of three (3) to two (2) (the Chair did not vote), the Review 
Committee found that the items are not objects of cultural patrimony 
under NAGPRA.

    Dated: September 6, 2016.
Armand Minthorn,
Chair, Native American Graves Protection and Repatriation Review 
Committee.
[FR Doc. 2016-24468 Filed 10-7-16; 8:45 am]
 BILLING CODE 4312-52-P

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. VerDate Sep<11>2014 20:12 Oct 07, 2016 Jkt 241001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1


Document Created: 2018-02-13 16:34:03
Document Modified: 2018-02-13 16:34:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionFindings and recommendations.
FR Citation81 FR 70134 
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