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)

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, 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