minutes native american graves protection and repatriation

MINUTES

NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REVIEW COMMITTEE

FORTY-NINTH MEETING

MAY22,2013

NAGPRA REVIEW COMMITTEE MEETING MINUTES May 22, 2013, page 1

TABLE OF CONTENTS

The 49th Meeting of the Review Committee 4 Report: National NAGPRA Program Report on the Implementation ofNAGPRA in Mid-

Action Item: Development of an Agreed-Upon List of Nominees for the At-Large

y ear FY 2013 5

Discussion: Dispute Procedure Development Process Update 6

Action Item: Meeting Location Spring 2014 6 Review Committee Motion 6

Committee Member 6 Review Committee Motion 7

Action Item: CUI Disposition Request (10.16) - Colorado State University 7 Review Committee Member Questions and Comments 7 Review Committee Motion 7

Discussion Item: Report to Congress 8 Public Comment 8

Ms. Christine Landrum 8 Mr. Frank Wozniak 8 Mr. Lalo Franco 8 Review Committee Questions and Discussion 9 Ms. Bambi Kraus 9

Closing Comments 9


Background The Native American Graves Protection and Repatriation Review Committee was established under the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001 et seq., which was signed into law by President George Bush on November 16, 1990.

Pursuant to 25 U.S.C. 3006 (c) and (h), the Review Committee is responsible for -1. Designating one of the members of the committee as chairman; 2. Monitoring the inventory and identification process conducted under sections 5 and 6 to ensure a fair, objective consideration and assessment of all available relevant information and evidence; 3. Upon the request of any affected party, reviewing and making findings related to-

A. The identity or cultural affiliation of cultural items, or B. The return of such items;

4. Facilitating the resolution ofany disputes among Indian tribes, Native Hawaiian organizations, or lineal descendants and Federal agencies or museums relating to the return of such items, including convening the parties to the dispute if deemed desirable; 5. Compiling an inventory of culturally unidentifiable human remains that are in the possession or control of each Federal agency and museum and recommending specific actions for developing a process for disposition of such remains; 6. Consulting with Indian tribes and Native Hawaiian organizations and museums on matters within the scope of the work of the committee affecting such tribes or organizations; 7. Consulting with the Secretary of the Interior in the development of regulations to carry out this Act; 8. Performing such other related functions as the Secretary may assign to the committee; 9. Making recommendations, if appropriate, regarding future care of cultural items which are to be repatriated; and 10. Submitting an annual report to the Congress on the progress made, and any barriers encountered, in implementing this section during the previous year.

The Review Committee is organized and administered according to the Federal Advisory Committee Act (F ACA), 5 U.S.C. Appendix (2006).

Six Review Committee members are appointed by the Secretary of the Interior from nominations by Indian tribes, Native Hawaiian organizations, traditional Native American religious leaders, national museum organizations, and scientific organizations. At least two of the members must be traditional Indian religious leaders. One Review Committee member is appointed by the Secretary from a list of persons developed and unanimously approved by the other members.

The Review Committee reports to the Secretary of the Interior. Under the Review Committee's charter, the Manager, National NAGPRA Program, National Park Service (NPS) or a designee serves as the Designated Federal Officer (DFO) to the Review Committee. The DFO oversees the activities of the Review Committee and coordinates NPS administrative and staff support to the Review Committee on behalf of the Secretary of the Interior.

Additional information about the Review Committee - including the Review Committee's charter, membership, meeting protocol, and dispute procedures - is available at the National NAGPRA Website, http://www.nps.gov/nagpra (click on "Review Committee").

Notice of this Review Committee meeting was published in the Federal Register on March 14, 2013 (78 FR 16295-16296).


http://www.nps.gov/nagpra

The 49th Meeting of the Review Committee

The 49th meeting of the Native American Graves Protection and Repatriation Review Committee was called to order by Ms. Rosita Worl, Chair, at 10:04 a.m. EDT, Wednesday, May 22, 2013. Ms. Hutt confirmed the attendance of the Review Committee members. Mr. Titla was welcomed to the Review Committee. Ms. Hutt stated that the Federal Advisory Committee Act (FACA) requirements were met regarding the publication of the meeting notice and agenda prior to the meeting. Ms. Worl offered an opening prayer. Ms. Hutt introduced Mr. Joe Watkins, the newly appointed Chief Anthropologist NPS. Mr. Watkins expressed his appreciation for his new position, the warm welcome, and opportunity to participale in the meeting. Ms. Hutt stated that under FACA, the Review Committee members, as Special Government Employees, cannot receive gifts that exceed a certain amount (the Government ethics limit is $20 per occasion, not to exceed $50 in a calendar year).

Review Committee members present -Ms. Rosita Worl - Chair Ms. Sonya Atalay Mr. Alexander (Alec) Barker Ms. LindaLee (Cissy) Kuuleilani Farm Mr. Adrian John Mr. Steve Titla Mr. Mervin Wright, Jr.

Designated Federal Officer present -Ms. Sherry Hutt, Program Manager, National NAGPRA Program

National Park Service/Department of the Interior staff in attendance -Mr. Joe Watkins, Chief Anthropologist, National Park Service Ms. Melanie O'Brien, Notice Coordinator, National NAGPRA Program, National Park Service Ms. Mariah Soriano, Database and Web Coordinator, National NAGPRA Program, National Park Service Mr. David Tarler, Training and Civil Penalties Coordinator, and Regulations, National NAGPRA Program, National

Park Service Ms. Lesa Koscielski, Contractor, National NAGPRA Program, National Park Service Ms. Carla Mattix, Attorney-Advisor, Division of Parks and Wildlife, Office of the Solicitor, Department of the Interior Mr. Stephen Simpson, Senior Attorney, Division oflndian Affairs, Office of the Solicitor, Department of the Interior

Persons in attendance during part or all of the meeting (names and affiliations as provided by attendees)Ms. Anne Amati, University of Denver, Dept. of Anthropology, Denver, CO Ms. Jacqueline Barron, Univ. of Colorado - Boulder, Boulder, CO Ms. Rochelle Bennett, U.S. Dept. oflnterior, Reclamation, Denver, CO Ms. Jan Bernstein, Bernstein & Associates, Denver, CO Ms. Peg Brady, Autry Western Heritage Museum, Los Angeles, CA Ms. Ellen Brennan, U.S. Dept. oflnterior, NPS, Grand Canyon National Park, Flagstaff, AZ Ms. Christina Cain, University of Colorado Museum, Boulder, CO Ms. Mary Carroll, National Park Service, Park NAGPRA Program, Lakewood, CO Ms. Darlene Conrad, Arapaho Tribe of the Wind River Reservation, Wyoming, Arapaho, WY Ms. Janet Cohen, U.S. Dept. oflnterior, NPS, Grand Canyon National Park, Flagstaff, AZ Mr. Seth Crane, Univ. of Colorado - Boulder, Boulder, CO Ms. Domonique DeBeaubien, Seminole Tribe of Florida, Clewiston, FL Ms. Barbara Durham, Death Valley Timbi-sha Shoshone Tribe, Bishop, CA Ms. Stacey Espenlaub, Univ. of Pennsylvania, Museum of Archaeology and Anthropology, Philadelphia, PA Mr. Tariq Farraj, Univ. of Colorado - Boulder, Boulder, CO Mr. Lalo Franco, Santa Rosa Indian Community of the Santa Rosa Rancheria, California, Lemoore, CA Mr. Andrew Godsey, Shingle Springs Band ofMiwok Indians, Shingle Springs Rancheria, California, Placerville,

CA Ms. Sheila Goff, History Colorado, Denver, CO Ms. Pathimi Goodtracks, Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado, Ignacio, CO


Ms. Martha Graham, SRI Foundation, Rio Rancho, NM Ms. Erin Gredell, Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA Mr. Christopher Green, Colorado State University, Ft. Collins, CO Ms. Wendy Helgamo, United States Senate, Committee on Indian Affairs, Washington, DC Mr. Michael Hill, Denver, CO Mr. Lucas Hoedl, National Park Service, Park NAGPRA Program, Lakewood, CO Ms. Kara Hurst, U.S. Dept. oflnterior, Bureau of Land Management, Salt Lake City, UT Mr. Jordan Jacobs, Phoebe A. Hearst Museum of Anthropology, Berkeley, CA Ms. Marquieta Jilot, Box Elder, MT Mr. Greg Johnson, Univ. of Colorado - Boulder, Boulder, CO Ms. Melany Johnson, Susanville Indian Rancheria, California, Susanville, CA Ms. Lynda Knowles, Denver Museum ofNature and Science, Denver, CO Ms. Bambi Kraus, National Association of Tribal Historic Preservation Officers, Washington, DC Ms. Christine Landrum, U.S. Dept. of Interior, National Park Service, Intermountain Region, Denver, CO Ms. Diana LaSarge, Confederated Tribes of the Umatilla Reservation, Washington, Pendleton, OR Mr. David Lindsey, Society for American Archaeology, Washington, DC Ms. Lisa Little Iron, Gila River Indian Community of the Gila River Indian Reservation, Arizona, Sacaton, AZ Ms. Kate Macuen, Seminole Tribe of Florida, Clewiston, FL Ms. Kari Mans, Autry Western Heritage Museum, Los Angeles, CA Ms. Buffy McQuillen, Smith River Rancheria, California, Smith River, CA Mr. Lawrence Myers, Univ. of Colorado - Boulder, Boulder, CO Ms. Angela Neller, Wanapum Heritage Center, Beverly, WA Ms. Shannon Keller O'Loughlin, Silver Spring, MD Ms. Christina Preston, California State University, Sacramento, CA Ms. Jennifer Riordan, U.S. Anny Corps of Engineers, St. Louis District, St. Louis, MO Ms. Helen Robbins, Field Museum, Chicago, IL Mr. Steve Rothman, Cambridge, MA Ms. Donna Ruhl, Florida Museum of Natural History, Gainesville, FL Mr. Kyle Schiffinan, Univ. of Colorado - Boulder, Boulder, CO Mr. Brian Shreve, Univ. of Colorado - Boulder, Boulder, CO Mr. David Siegel, U.S. Dept. oflnterior, FWS, Albuquerque, NM Ms. Martina Smith, Phoebe A. Hearst Museum of Anthropology, Berkeley, CA Ms. Stephanie Skiles, University of Colorado Museum, Boulder, CO Mr. Nathan Strong, Fallon Paiute-Shoshone Tribe, Fallon, NV Ms. Wendy Teeter, Univ. of California, Los Angeles, Fowler Museum of Cultural History, Los Angeles, CA Ms. Elaine Thomas, Mohegan Indian Tribe of Connecticut, Uncasville, CT Ms. Lara Van Meter, Univ. of Colorado -Boulder, Boulder, CO Mr. Benjamin Walkup, Univ. of Colorado - Boulder, Boulder, CO Mr. Trevor Ware, Caddo Nation of Oklahoma, Binger, OK Mr. Warren Weathers, Univ. ofColorado - Boulder, Boulder, CO Mr. Len Winter, U.S. Dept. of Defense, Navy, Southeast Division, Naval Facilities Engineering Command,

Jacksonville, FL Ms. Lisa Woodward, Pechanga Band ofLuiseno Mission Indians of the Pechanga Reservation, California,

Temecula, CA Mr. Frank Wozniak, U.S. Dept. of Agriculture, Forest Service, Albuquerque, NM

Report: National NAGPRA Program Report on the Implementation of NAGPRA in MidYear FY 2013

Ms. Hutt described the National NAGPRA Program's efforts to ensure the availability of information through the Program's website, including past meeting materials. Ms. Hutt summarized the Program's mid-year report, and stated that it indicates significant progress in NAGPRA implementation. Ms. Hutt noted steady notice publication and regular updates from museums and Federal agencies as positive trends seen in the Program office.

Mr. Wright, Jr., asked if the number of CUI reflected as transferred meant transfer of possession, control or both. Ms. Hutt stated the number reflected those for which transfer of control was reported. Ms. Hutt clarified that the


number is understated; Federal agencies are required to report this information, while museums report on a volunteer basis. Regarding civil penalties, Ms. Atalay asked for additional information on the 434 counts that can be addressed without further investigation and for an update on the status of the Program's hiring of a civil penalty investigator. Ms. Hutt stated that the Program has been approved to hire a civil penalty investigator to start in FY 2014. Mr. Tarler stated that, with the assistance of civil penalty analyst Shannon Keller O'Loughlin, all allegations of failure to comply received to date have been reviewed. Based on the information submitted, 434 counts were determined to be substantiated or unsubstantiated, and recommendations for action by the Assistant Secretary for Fish and Wildlife and Parks, Department oflnterior can go forward. The remaining allegations will be addressed by the new civil penalty investigator. Mr. Titla asked for clarification of civil penalty assessments on museums and the standard ofreview for the process. Mr. Tarler stated that the FY 2012 Program report, which can be found on the Program website, contains information on past assessments, and that draft letters for as many counts as possible will be sent to the Assistant Secretary by the end of FY 2013. Mr. Tarler stated that determinations are fact based, with the factual evidence indicating either compliance or noncompliance.

Mr. Barker asked about the status of the Review Committee's request at the November 2012 meeting for additional information on instances where human remains were classified as culturally unidentifiable by the Program when museums did not provide a cultural affiliation determination. Ms. Hutt stated that the item was incomplete due to staff vacancies, but remained a priority item within the Program.

Discussion: Dispute Procedure Development Process Update

Ms. Atalay stated that she had nearly completed the changes discussed by the Review Committee at its previous meeting. The updated draft would soon be sent to the DFO and counsel for input, and then distributed to the Review Committee for review; all changes will be noted. Ms. Atalay stated she hoped the Review Committee could consider a final draft at its November meeting. Ms. Hutt stated that she would be happy to work with the Review Committee to develop this draft; however, counsel would withhold comment until the final draft. The Review Committee members agreed with the process.

Action Item: Meeting Location Spring 2014

The Review Committee received two invitations for future meetings. The first invitation was from Ms. Worl for the spring 2014 meeting to meet in Juneau, AK, in conjunction with Celebration 2014, on June 12-14, 2014. The second invitation was from a consortium of Federal agencies, Indian tribes and archeological associations to meet in La Crosse, WI. Ms. Atalay stated she would be happy to attend the meeting in Juneau, but might have a ceremonial conflict.

Review Committee Motion Mr. Titla made a motion to hold the spring 2014 meeting in Juneau, AK. Ms. Farm seconded the motion. The motion passed by unanimous vote. Ms. Hutt stated she would be happy to move forward with the planning process, pending budget considerations.

Action Item: Development of an Agreed-Upon List of Nominees for the At-La1·ge Committee Member

25 U.S.C. 3006(b), Committee membership (b)(l) The Committee established under subsection (a) of this section shall be composed of7 members,

(A) 3 of whom shall be appointed by the Secretary from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders with at least 2 of such persons being traditional Indian religious leaders; (B) 3 of whom shall be appointed by the Secretary from nominations submitted by national museum organizations and scientific organizations; and (C) I who shall be appointed by the Secretary from a list of persons developed and consented to by all of the members appointed pursuant to subparagraphs (A) and (B).


Ms. Hutt stated that the Review Committee members submitted names for consideration prior to the meeting. The Review Committee members summarized the names each put forth for consideration. Mr. Barker recommended Dr. Dennis O'Rourke, University of Utah, a physical anthropologist with specialized work on historic and prehistoric populations from the circum-arctic. Ms. Atalay recommended Dr. Ventura Perez, University of Massachusetts - Amherst, a bioarcheologist and anthropologist with NAGPRA and international repatriation experience. Ms. Wort recommended Ms. Irene Dundas, Tlingit, Neix.adi Clan, Sanyakwaan. Ms. Dundas is President of her tribe and very active with NAGPRA and her Native Village corporation. Ms. Hutt stated that Ms. Worl was not eligible to participate in the discussion or put forth names for consideration, as the current at-large member of the Review Committee. Mr. Titla then recommended Ms. Dundas for consideration, allowing Ms. Dundas to be considered for inclusion on the list by the Review Committee.

Mr. Barker expressed concern that Dr. Perez worked in the same university department as Dr. Atalay, which did not follow the Review Committee's practice of technical and geographical diversity of its members. Mr. Titla and Mr. Wright, Jr. expressed agreement with Mr. Barker's concern. Ms. Atalay stated she submitted Dr. Perez's name due to his very relevant experience and first-hand knowledge, but that she agreed with Mr. Barker's concern. Mr. Barker emphasized that his concern did not reflect in any way on the qualifications or accomplishments of Dr. Perez.

Review Committee Motion Mr. Wright, Jr., made a motion to submit Dr. Dennis O'Rourke and Ms. Irene Dundas for consideration for the atlarge Review Committee member. Ms. Atalay seconded the motion. The motion passed by unanimous vote of the six voting members (Ms. Atalay, Mr. Barker, Ms. Farm, Mr. John, Mr. Titla and Mr. Wright, Jr.). Ms. Hutt stated she would forward the list of two names to the Secretary for consideration and appointment.

Action Item: CUI Disposition Request (10.16) - Colorado State University

Mr. Christopher Green, NAGPRA Coordinator, Colorado State University, stated that Colorado State University was requesting disposition of the Native American human remains of 50 culturally unidentifiable individuals with no geographical provenience. Of these, seven individuals have occipital flattening, which helped to identify them as Native American. Colorado State University has determined that the human remains are Native American due to their condition, the fact that they are partial remains found with no funerary objects, and the fact that Colorado State University's practice was to collect only Native American human remains from the local area. Consultations were conducted with potentially affiliated Indian tribes, each of which has agreed that the individuals were culturally unidentifiable and that the Ute Mountain Ute Tribe would take the lead on repatriation and reburial of these individuals.

Review Committee Member Questions and Comments Mr. Titla asked if there was any disagreement among the consulted Indian tribes. Mr. Green stated that there was full support from the participating Indian tribes. Ms. Atalay asked how the consultation list was developed. Mr. Green stated that due to the collection practices of Colorado State University, it was assumed that the human remains were Native American and from the local area. All Indian tribes with an interest in human remains from Colorado were included. Ms. Atalay asked counsel why the request was under Section I 0.16 and not Section 10.11. Ms. Mattix stated that Section 10.11 applies to situations where human remains are known to come from tribal or aboriginal land. In this case, Section 10.16 applies as the provenience is unknown. Mr. Green clarified which ofthe entries in the inventory were included in this disposition request.

Review Committee Motion Mr. Titla made a motion that the Review Committee recommend to the Secretary that the proposed disposition of the human remains to the Ute Mountain Ute Tribe proceed under the agreement. Ms. Atalay seconded the motion. The motion passed by unanimous vote. Ms. Wor! noted that the Review Committee has heard objections from Indian tribes concerning the use of the term "CUI" and "culturally unidentifiable human remains." Ms. Worl suggested this was a topic that the Review Committee might address in the future.


Discussion Item: Report to Congress

Ms. Worl appointed Mr. Wright, Jr., Mr. Barker, and Ms. Atalay as the subcommittee to draft the Review Committee Report to Congress. Ms. Hutt stated that time was reserved on this agenda, and will be reserved on future meeting agendas, to allow the Review Committee substantive discussion on topics to be included in the report. This was in response to a Review Committee request at the November 2012 meeting. Ms. Worl invited Review Committee members to forward any issues to Mr. Wright, Jr., and Mr. Barker for inclusion on the report. Ms. Worl stated that the subcommittee could distribute the draft report prior to the November 2013 meeting, in order for all members to be familiar with its content.

Public Comment

Ms. Christine Landrum Ms. Christine Landrum, Director, Office of Indian Affairs and American Culture, Intermountain Region, NPS, thanked the Review Committee for the opportunity to provide a presentation. Ms. Landrum stated she was speaking at the request of the Colorado Lands Repatriation and Reinterment Workgroup. Ms. Landrum stated one of the most significant barriers encountered in NAGPRA implementation was the issue oflands for reburial. The primary reason Native American human remains are listed as culturally unidentifiable under NAGPRA is due to lack of geographic location and other contextual information. The Colorado Lands Repatriation and Reinterment Workgroup's primary purpose is to identify potential lands within the state of Colorado for reburial of Native American human remains in museum, university, state, and Federal agency collections. To date, the workgroup has been successful in developing a final draft agreement, which is currently under legal review by each participating tribe, agency and museum. The purpose of the agreement is to provide a standardized process to identify suitable and appropriate state, Federal and tribal lands for the reburial of Native American human remains and funerary objects originating within the state of Colorado and repatriated under the authority ofNAGPRA. The agreement is already being successfully implemented within the state of Colorado, as highlighted by the Colorado State University request heard at the meeting. The workgroup will be offering a brief work session for the Review Committee reburial subcommittee members and other appropriate participants in conjunction with the November 2013 Review Committee meeting.

Ms. Landrum stated that the Review Committee requested a report on the reburial issue as a whole at the November 2012 meeting. The Intermountain Region, History Colorado and the Ute Mountain Ute Tribe have agreed to partner on this project. The National NAGPRA Program supports this alternative collaborative approach, which is helpful due to the current lack of funding at the National Park Service W ASO level for this purpose. Ms. Landrum invited the Review Committee's reburial subcommittee to provide guidance to ensure that the report fulfills the Review Committee's needs. On behalf of the Colorado Lands Repatriation and Reinterment W orkgroup, Ms. Landrum thanked Ms. Worl for her many years of service and welcomed Mr. Titla to the Review Committee. Ms. Pathimi Goodtracks, tribal councilmember for the Southern Ute Indian Tribe of the Southern Ute Reservation, was present on the call. Ms. Worl thanked Ms. Landrum for her report.

Mr. Frank Wozniak Mr. Frank Wozniak, NAGPRA Coordinator, USDA Forest Service, provided an update on the Forest Service's NAGPRA implementation. Mr. Wozniak referenced two spreadsheets entitled "Forest Service NAGPRA Compliance Status FY 2012," copies of which were provided to the Review Committee members and made available on the National NAGPRA Program website. These spreadsheets summarized NAGPRA implementation through FY 2012. Mr. Wozniak stated that for Fiscal Year 2013, the Forest Service plans repatriations comparable in number to repatriations in FY 2011 and FY 2012. In addition, by the end of FY 2013, the Forest Service will have substantively completed its reporting and implementation tasks set forth in the Secretary of Agriculture's response to Congress regarding the recommendations of the Government Accountability Office (GAO) in its NAGPRA audit report, GAO 10-768. Ms. Worl thanked Mr. Wozniak for his report.

Mr. Lalo Franco Mr. Lalo Franco, Santa Rosa Rancheria, Tachi Yokut Tribe, thanked the Review Committee for the opportunity to speak. Mr. Franco supplied written information, copies of which were provided to the Review Committee members and made available on the National NAGPRA Program website. Mr. Franco described his tribe's continued struggles and frustration in working with the University of California - Berkeley, Phoebe Hearst Museum of


Anthropology, on NAGPRA implementation. Mr. Franco stated that the tribe is concerned about the museum's history of inadequate consultation with tribes and insufficient consideration of tribally provided evidence. Mr. Franco stated that the tribe will continue consultation with the Phoebe Hearst Museum in an effort to resolve the issue, but is asking the Review Committee for its advice and assistance regarding this situation. Mr. Franco raised an additional concern that on March 24, 2011, the tribe sent a letter to the Director of the NPS alleging that the Phoebe Hearst Museum has failed to comply with NAGPRA. To date, the tribe has not received either a response to the allegation or written confirmation that the allegation was received. Mr. Franco stated that Mr. Tarler verbally acknowledged receipt of the allegation letter. Mr. Franco stated that lack ofa civil penalties investigator was also a concern. Mr. Franco thanked the Review Committee for their time and consideration of these issues.

Review Committee Questions and Discussion Ms. Atalay asked about any processes in place to respond to allegations of failure to comply. Ms. Hutt stated that it is standard practice to issue a letter in response to incoming correspondence. Ms. Hutt offered a public apology to Mr. Franco and the Santa Rosa Rancheria, and any other affected parties, for the lack of a response letter. Ms. Hutt stated that the letters are prepared, and she is working to address any operational issues that resulted in the letter not being sent. Ms. Worl asked for updates to be provided to the Review Committee on incoming civil penalty correspondence, in order for the Review Committee to ensure that the materials were addressed in a timely manner. Ms. Mattix stated that due to the nature of the Review Committee's statutory role, the information provided to the Review Committee regarding civil penalties would be limited to general matters, such as those provided by the National NAGPRA Program in its annual reports. Ms. Worl thanked Mr. Franco for his presentation.

Ms. Bambi Kraus Ms. Bambi Kraus, National Association of Tribal Historic Preservation Officers (NATHPO), thanked the Review Committee for the opportunity to comment. Ms. Kraus supplied a written summary of her comments, copies of which were provided to the Review Committee members and will be posted to the National NAGPRA Program website as supplemental meeting materials. Ms. Kraus asked for clarification of the civil penalties section of the National NAGPRA Program midyear summary. In response, Mr. Tarler repeated his earlier statements made during the presentation of the National NAGPRA Program's mid-year report. Ms. Kraus also asked how separate violations ofNAGPRA by museums are counted. In response, Mr. Tarler read verbatim from the preamble to the final rule concerning civil penalties (68 FR 16354, 16356 April 3, 2003), where the answer to this question was provided. Ms. Hutt invited Ms. Kraus to contact Mr. Tarler with any additional questions on civil penalties. Ms. Hutt stated that National NAGPRA Program staff members are available to answer operational questions at any time, either by phone or email at nagpra [email protected], and added that members of the public do not need to wait for Review Committee meetings to have any concerns or questions addressed by staff.

Ms. Kraus referenced the Final Rule published on May 9, 2013, and asked for clarification of the use of Executive Order 12630. Mr. Simpson stated that the Department believes that the Final Rule is not a policy or regulation with significant takings implications under the definition in Executive Order 12630, because, under NAGPRA, the implementing regulations cannot effect a taking.

Closing Comments

Ms. Hutt stated that the Review Committee was invited to hold its November 2014 meeting at the National Museum of the American Indian (NMAI) in conjunction with its 25th anniversary celebration of the National Museum of the American Indian Act.

Mr. Wright's term on the Review Committee expires July 23, 2013, and Ms. Worl's term on the Review Committee expires September 4, 2013. The Review Committee members expressed sincere appreciation for both Mr. Wright, Jr.'s and Ms. Worl's service on the Review Committee. On behalf of the Department, Ms. Hutt thanked both Ms.Worland Mr. Wright, Jr., for their service and dedication to the Review Committee.

Ms. Worl stated it has been her honor to Chair and serve on the Review Committee. Ms. Worl stated that NAGPRA is a good law in terms of public recognition of the cultural and religious significance of cultural items to tribal people. NAGPRA has allowed the return of ancestors to their homelands and has helped establish good working relationships among many tribes, museums, and scientists throughout the country.


mailto:[email protected]

Meeting Adjournment The meeting was adjourned at 12:52 p.m., by Ms. Wort.

Certified-

Ms. Sherry Hutt Date Manager, National NAGPRA Program Designated Federal Officer, Native American Graves Protection

and Repatriation Review Committee

Approved on behalf of the Review Committee -

Ms. Rosita Worl Chair, Native American Graves Protection

and Repatriation Review Committee


minutes native american graves protection and repatriation

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