[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57177-57179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19547]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 10
RIN 1024-AC84
Native American Graves Protection and Repatriation Act
Regulations
AGENCY: Department of the Interior.
ACTION: Final rule; Technical amendment.
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SUMMARY: The Native American Graves Protection and Repatriation Act of
1990 (the Act) assigns responsibility for implementation to the
Secretary of the Interior. Secretarial Order 3261 assigns some of these
responsibilities to other positions in the Department of the Interior
and National Park Service. This technical amendment amends the rule to
be consistent with the new assignment of responsibilities.
DATES: Effective September 30, 2005.
FOR FURTHER INFORMATION CONTACT: Dr. Sherry Hutt, Manager, National
NAGPRA Program, National Park Service, 1849 C Street NW., (2253),
Washington, DC 20240, telephone (202) 354-1479, facsimile (202) 371-
5197, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On November 16, 1990, President George H.W. Bush signed the Native
American Graves Protection and Repatriation Act of 1990 (the Act) into
law. The Act addresses the rights of lineal descendants, Indian tribes,
and Native Hawaiian organizations to Native American human remains,
funerary objects, sacred objects, and objects of cultural patrimony
with which they are affiliated. The Act assigns implementation
responsibilities to the Secretary of the Interior.
Technical Amendment
Secretarial Order 3261 reassigns some of these implementation
responsibilities to other positions in the Department of the Interior
and National Park Service to ensure efficient and effective
implementation of the statutory requirements.
Pursuant to the Secretarial Order, the Assistant Secretary for Fish
and Wildlife and Parks is responsible for issuing regulations to carry
out the Act after consultation with the Assistant Secretary for Indian
Affairs; granting extensions of inventory deadlines; awarding grants to
assist in implementation of NAGPRA to Indian tribes, Native Hawaiian
organizations, and museums. In consultation with the Office of the
Solicitor, the Assistant Secretary for Fish and Wildlife and Parks is
also responsible for executing provisions of the Act regarding civil
penalties against museums that fail to comply with NAGPRA, including
investigating allegations of failure to comply with NAGPRA requirements
and developing and assessing civil penalties.
The Manager, National NAGPRA Program, reporting to the National
Park Service Director through the Associate Director for Cultural
Resources, is responsible for managing the operations of the National
NAGPRA Program and provides staff support to the Assistant Secretary
for Fish and Wildlife and
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Parks. Such duties include preparing regulations for issuance by the
Assistant Secretary for Fish and Wildlife and Parks; reviewing and
recommending disposition of requests for extensions of the inventory
deadline; publishing notices in the Federal Register; serving as the
Designated Federal Official for the Native American Graves Protection
and Repatriation Review Committee; in consultation with the Office of
the Solicitor, providing technical assistance to the Department of
Justice in implementation of the trafficking provisions of NAGPRA;
developing and issuing guidelines, technical information, training and
other programs; and administering grants to assist Indian tribes,
Native Hawaiian organizations and museums in meeting their NAGPRA
obligations. The National NAGPRA Program Manager is also responsible
for providing staff to support the civil penalty responsibilities of
the Assistant Secretary for Fish and Wildlife and Parks, who will
report directly to the Assistant Secretary in the performance of these
duties.
Some of the abovementioned responsibilities were previously
assigned by regulation to the National Park Service Director or the
Departmental Consulting Archeologist. This technical amendment revises
the rule to be consistent with the realignment of implementation
responsibilities in the Secretarial Order.
Good Cause for Immediate Adoption
The Department of the Interior is issuing this technical amendment
without prior notice and opportunity for comment as allowed by the
Administrative Procedure Act (APA) (5 U.S.C. 553(B)). This provision
allows an agency to issue a regulatory action without notice and
opportunity for comment when the agency for good cause finds that
notice and comment procedures are ``impracticable, unnecessary or
contrary to the public interest.'' This technical amendment will
clarify the delegation implementation responsibilities. Immediate
implementation of the provisions of this amendment will benefit the
public by ensuring efficient administration of the provisions of the
Act. Failure to implement this amendment immediately could result in
confusion and inefficiency that would adversely affect the public
interest. For this reason, the Department of the Interior has
determined that prior notice and an opportunity for comment would be
impracticable, unnecessary, and contrary to the public interest. This
same rationale provides good cause to make the technical amendment
effective immediately upon publication, as allowed by the
Administrative Procedure Act (553 U.S.C. (d)(3)).
Compliance With Laws and Executive Orders
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and has not been reviewed
by the Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. Actions
taken under this rule will not interfere with other agencies or local
government plans, policies or controls. This rule is an agency-specific
rule.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. This rule will have no effects on entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. No grants or other forms of monetary supplements are
involved.
(4) This rule does not raise novel legal or policy issues.
Regulatory Flexibility Act
The Department of the Interior certifies that this rulemaking will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This proposed rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. This rule is an
agency specific rule and does not impose any other requirements on
other agencies, governments, or the private sector.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A taking implication assessment is
not required. No taking of personal property will occur as a result of
this rule.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act
This regulation does not require an information collection from 10
or more parties and a submission under the Paperwork Reduction Act is
not required. An OMB Form 83-I is not required.
National Environmental Policy Act
We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act and 516 DM. This rule does not
constitute a major Federal action significantly affecting the quality
of the human environment.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government to Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated potential
effects on Federally recognized Indian tribes and have determined that
there are no potential effects.
List of Subjects in 43 CFR Part 10
Administrative practices and procedure, Hawaiian Natives, Historic
Preservation, Indians--Claims,
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Museums, Reporting and recordkeeping requirements.
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For the reasons stated in the preamble, the Department of the Interior
amends title 43, Code of Federal Regulations, as follows:
PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT
REGULATIONS
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1. The authority citation for Part 10 continues to read as follows:
Authority: 25 U.S.C. 3001 et seq.
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2. Amend Sec. 10.2 by revising the second sentence of paragraph (b)(2)
and revising paragraph (c)(3) to read as follows:
Sec. 10.2 Definitions.
(b) * * *
(2) * * * The Secretary will make available a list of Indian tribes
and Indian tribal officials for the purposes of carrying out this
statute through the Manager, National NAGPRA Program.
* * * * *
(c) * * *
(3) Manager, National NAGPRA Program means the official of the
Department of the Interior designated by the Secretary as responsible
for administration of matters relating to this part. Communications to
the Manager, National NAGPRA Program, should be addressed to: Manager,
National NAGPRA Program, National Park Service (MS 2253 MIB), 1849 C
Street NW., Washington, DC 20240.
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3. Revise paragraph (a) of Sec. 10.12 to read as follows:
Sec. 10.12 Civil penalties.
(a) The Secretary's authority to assess civil penalties. The
Secretary is authorized by section 9 of the Act to assess civil
penalties on any museum that fails to comply with the requirements of
the Act. The Assistant Secretary for Fish and Wildlife and Parks may
act on behalf of the Secretary.
* * * * *
Subpart D to Part 10--[Nomenclature Change]
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4. In Subpart D, remove the words ``Departmental Consulting
Archeologist'' wherever they appear and add in their place the words
``Manager, National NAGPRA Program''.
Dated: September 14, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-19547 Filed 9-29-05; 8:45 am]
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