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Provided By

Proposed Rule for the Native American Graves Protection and Repatriation Act (NAGPRA)

The Department of the Interior (Department) proposes to revise its Native American Graves Protection and Repatriation Act (NAGPRA) regulations at 43 CFR part 10 and invites Tribal Leaders to consult on the proposed rule.

The proposed regulations would clarify and improve upon the systematic process for the disposition and repatriation of Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony. In August 2021, the Department hosted consultation sessions with Indian Tribes and Native Hawaiian organizations on a draft proposal and incorporated that input to the maximum extent possible. A summary of the over 700 comments received and the Department’s response to each comment is attached for your review. The proposed rule published in the Federal Register on October, 18, 2022 and is available here: https://www.federalregister.gov/documents/2022/10/18/2022-22376/native-american-graves-protection-and-repatriation-act-systematic-process-for-disposition-and. Additional documents can also be found at: https://www.nps.gov/subjects/nagpra/regulations.htm.

Our intent with the proposed rule is to:

  • Emphasize consultation at every step in the regulatory process;
  • Require deference to the customs, traditions, and Native American traditional knowledge of lineal descendants, Indian Tribes, and Native Hawaiian organizations;
  • Provide a step-by-step roadmap for museums and Federal agencies to comply with the requirements;
  • Establish specific timelines to facilitate the required disposition and repatriation; and
  • Remove the burden on lineal descendants, Indian Tribes, and Native Hawaiian organizations to initiate the process and add a requirement for museums and Federal agencies to complete the process.

In addition, we would like your input on the following specific areas:

  • Timelines: How can we further allow Indian Tribes flexibility and discretion in the step-by-step processes under Subparts B and C?
  • New responsibilities: Do you anticipate sufficient capacity to take on new responsibilities for discoveries and excavations on Tribal lands under Subpart B?
  • Requests: Do you anticipate sufficient opportunity under the proposed regulations to submit requests for consultation and repatriation under Subpart C?
  • Efficiency: Do you think the proposed revisions have streamlined and  simplified the regulatory process for repatriation under Subpart C?
  • Impacts: Do you think the proposed revisions will impact your Tribe’s capacity and resources for repatriation under Subpart C?

Sessions

  • 15
    Dec

    Session 1

    Tribal consultation session Online

    Details

    • Start and End Date(s)
      Start and End Date(s): Thu, Dec 15, 2022
    • Time
      Time: 3:00 PM - 5:00 PM Eastern
  • 19
    Dec

    Session 2

    Tribal consultation session Online

    Details

    • Start and End Date(s)
      Start and End Date(s): Mon, Dec 19, 2022
    • Time
      Time: 1:00 PM - 4:00 PM Eastern
  • 12
    Jan

    Session 3

    Tribal consultation session In-Person

    Details

    • Start and End Date(s)
      Start and End Date(s): Thu, Jan 12, 2023
    • Time
      Time: 10:00 AM - 1:00 PM Mountain (DST)
    • BLM National Training Center
      9828 North 31st Ave.
      Phoenix, AZ 85051

Comment Deadline

Additional Information

Other Resources

Contact Us

Melanie O'Brien, National NAGPRA Program

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