[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR10.6]



[Page 231-232]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 10_NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REGULATIONS

--Table of Contents

 

Subpart B_Human Remains, Funerary Objects, Sacred Objects, or Objects of 

             Cultural Patrimony From Federal or Tribal Lands

 

Sec.  10.6  Custody.



    (a) Priority of custody. This section carries out section 3 (a) of 

the Act, subject to the limitations of Sec.  10.15, regarding the 

custody of human remains, funerary objects, sacred objects, or objects 

of cultural patrimony excavated intentionally or discovered 

inadvertently in Federal or tribal lands after November 16, 1990. For 

the purposes of this section, custody means ownership or control of 

human remains, funerary objects, sacred objects, or objects of cultural 

patrimony excavated intentionally or discovered inadvertently in Federal 

or tribal lands after November 16, 1990. Custody of these human remains, 

funerary objects, sacred objects, or objects of cultural patrimony is, 

with priority given in the order listed:

    (1) In the case of human remains and associated funerary objects, in 

the lineal descendant of the deceased individual as determined pursuant 

to Sec.  10.14 (b);

    (2) In cases where a lineal descendant cannot be ascertained or no 

claim is made, and with respect to unassociated funerary objects, sacred 

objects, and objects of cultural patrimony:

    (i) In the Indian tribe on whose tribal land the human remains, 

funerary objects, sacred objects, or objects of cultural patrimony were 

excavated intentionally or discovered inadvertently;

    (ii) In the Indian tribe or Native Hawaiian organization that has 

the closest cultural affiliation with the human remains, funerary 

objects, sacred objects, or objects of cultural patrimony as determined 

pursuant to Sec.  10.14 (c); or

    (iii) In circumstances in which the cultural affiliation of the 

human remains, funerary objects, sacred objects, or objects of cultural 

patrimony cannot be ascertained and the objects were excavated 

intentionally or discovered inadvertently on Federal land that is 

recognized by a final judgment of the Indian Claims Commission or the 

United States Court of Claims as the aboriginal land of an Indian tribe:

    (A) In the Indian tribe aboriginally occupying the Federal land on 

which the human remains, funerary objects, sacred objects, or objects of 

cultural patrimony were excavated intentionally or discovered 

inadvertently, or

    (B) If it can be shown by a preponderance of the evidence that a 

different Indian tribe or Native Hawaiian organization has a stronger 

cultural relationship with the human remains, funerary objects, sacred 

objects, or objects of cultural patrimony, in the Indian tribe or Native 

Hawaiian organization that has the strongest demonstrated relationship 

with the objects.

    (b) Custody of human remains, funerary objects, sacred objects, or 

objects of cultural patrimony and other provisions of the Act apply to 

all intentional excavations and inadvertent discoveries made after 

November 16, 1990, including those made before the effective date of 

these regulations.

    (c) Final notice, claims and disposition with respect to Federal 

lands. Upon determination of the lineal descendant, Indian tribe, or 

Native Hawaiian organization that under these regulations appears to be 

entitled to custody of particular human remains, funerary objects, 

sacred objects, or objects of cultural patrimony excavated intentionally 

or discovered inadvertently on Federal lands, the responsible Federal 

agency official must, subject to the notice required herein and the 

limitations of Sec.  10.15, transfer custody of the objects to the 

lineal descendant, Indian tribe, or Native Hawaiian organization 

following appropriate procedures,



[[Page 232]]



which must respect traditional customs and practices of the affiliated 

Indian tribes or Native Hawaiian organizations in each instance. Prior 

to any such disposition by a Federal agency official, the Federal agency 

official must publish general notices of the proposed disposition in a 

newspaper of general circulation in the area in which the human remains, 

funerary objects, sacred objects, or objects of cultural patrimony were 

excavated intentionally or discovered inadvertently and, if applicable, 

in a newspaper of general circulation in the area(s) in which affiliated 

Indian tribes or Native Hawaiian organizations members now reside. The 

notice must provide information as to the nature and affiliation of the 

human remains, funerary objects, sacred objects, or objects of cultural 

patrimony and solicit further claims to custody. The notice must be 

published at least two (2) times at least a week apart, and the transfer 

must not take place until at least thirty (30) days after the 

publication of the second notice to allow time for any additional 

claimants to come forward. If additional claimants do come forward and 

the Federal agency official cannot clearly determine which claimant is 

entitled to custody, the Federal agency must not transfer custody of the 

objects until such time as the proper recipient is determined pursuant 

to these regulations. The Federal agency official must send a copy of 

the notice and information on when and in what newspaper(s) the notice 

was published to the Manager, National NAGPRA Program.



[60 FR 62158, Dec. 4, 1995, as amended at 62 FR 41293, Aug. 1, 1997; 71 

FR 16501, Apr. 3, 2006]