[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR10.13]

[Page 244-245]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 10_NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REGULATIONS--Table 
 
Subpart C_Human Remains, Funerary Objects, Sacred Objects, or Objects of 
          Cultural Patrimony in Museums and Federal Collections
 
Sec.  10.13  Future applicability.

    (a) General. This section sets forth the applicability of the Act to 
museums and Federal agencies after expiration of the statutory deadlines 
for completion of summaries and inventories.
    (b) New holdings or collections.
    (1) Any museum or Federal agency that, after completion of the 
summaries and inventories as required by Sec. Sec.  10.8 and 10.9, 
receives a new holding or collection or locates a previously unreported 
current holding or collection that may include human remains, funerary 
objects, sacred objects or objects of cultural patrimony, must:
    (i) Within 6 months of receiving a new holding or collection or 
locating a previously unreported current holding or collection, or 
within 6 months of the effective date of this rule, whichever is later, 
provide a summary of the holding or collection as required by Sec.  10.8 
to any Indian tribe or Native Hawaiian organization that is, or is 
likely to be, affiliated with the collection; and
    (ii) Within 2 years of receiving a new holding or collection or 
locating a previously unreported current holding or collection, or 
within 2 years of the effective date of this rule, whichever is later, 
prepare, in consultation with any affiliated Indian tribe or Native 
Hawaiian organization, an inventory as required by Sec.  10.9 of these 
regulations. Any museum that has made a good faith effort to complete 
its inventory, but which will be unable to complete the process by this 
deadline, may request an extension of the time requirements under Sec.  
10.9(f).
    (2) Additional pieces or fragments of previously repatriated human 
remains, funerary objects, sacred objects and objects of cultural 
patrimony may be returned to the appropriate Indian tribe or Native 
Hawaiian organization without publication of a notice in the Federal 
Register, as otherwise required under Sec. Sec.  10.8(f) and 10.9(e), if 
they do not change the number or cultural affiliation of the cultural 
items listed in the previous notice.
    (3) A museum or Federal agency that receives a new holding or 
collection for which a summary or inventory was previously prepared, as 
required by Sec. Sec.  10.8 or 10.9, may rely upon the previously 
prepared documents. The receiving museum or Federal agency must provide 
a copy of the previously prepared summary or inventory to all affiliated 
Indian tribes or Native Hawaiian organizations, along with notification 
that the receiving museum or Federal agency has assumed possession and 
control of the holding or collection.
    (c) New Indian tribes.
    (1) Any museum or Federal agency that has possession or control of 
human remains, funerary objects, sacred objects, or objects of cultural 
patrimony that are, or are likely to be, culturally affiliated with a 
newly Federally recognized Native American tribe, must:
    (i) Within 6 months of the publication in the Federal Register of 
the Native American group's placement on the list of Indian Entities 
Recognized and Eligible to Receive Services from the United States 
Bureau of Indian Affairs, or within 6 months of the effective date of 
this rule, whichever is

[[Page 245]]

later, provide a summary of the collection as required by Sec.  10.8 to 
that Indian tribe; and
    (ii) Within 2 years of the publication in the Federal Register of 
the Native American group's placement on the list of Indian Entities 
Recognized and Eligible to Receive Services from the United States 
Bureau of Indian Affairs, or within 2 years of the effective date of 
this rule, whichever is later, prepare, in consultation with the newly 
recognized culturally affiliated Indian tribe an inventory as required 
by Sec.  10.9. Any museum that has made a good faith effort to complete 
its inventory, but which will be unable to complete the process by this 
deadline, may request an extension of the time requirements under Sec.  
10.9(f).
    (2) The list of Indian Entities Recognized and Eligible to Receive 
Services from the United States Bureau of Indian Affairs is published in 
the Federal Register as required by provisions of the Federally 
Recognized Indian Tribe List Act of 1994 [Pub. L. 103-454, 108 Stat. 
4791].
    (d) New Federal funds. Any museum that has possession or control of 
human remains, funerary objects, sacred objects, or objects of cultural 
patrimony and receives Federal funds for the first time after expiration 
of the statutory deadlines for completion of summaries and inventories 
must:
    (1) Within 3 years of the date of receipt of Federal funds, or 
within 3 years of the effective date of this rule, whichever is later, 
provide a summary of the collection as required by Sec.  10.8 to any 
Indian tribe or Native Hawaiian organization that is, or is likely to 
be, culturally affiliated with the collections; and
    (2) Within 5 years of the date of receipt of Federal funds, or 
within 5 years of the effective date of this rule, whichever is later, 
prepare, in consultation with any affiliated Indian tribe or Native 
Hawaiian organization, an inventory as required by Sec.  10.9.
    (e) Amendment of previous decision.
    (1) Any museum or Federal agency that has previously published a 
notice in the Federal Register regarding the intent to repatriate 
unassociated funerary objects, sacred objects, and objects of cultural 
patrimony under Sec.  10.8(f), or the completion of an inventory of 
Native American human remains and associated funerary objects as 
required by Sec.  10.9(e), must publish an amendment to that notice if, 
based on subsequent information, the museum or Federal agency revises 
its decision in a way that changes the number or cultural affiliation of 
the cultural items listed.
    (2) Repatriation may not occur until at least 30 days after 
publication of the amended notice in the Federal Register.
    (f) All actions taken as required by this section must also comply 
with all other relevant sections of 43 CFR 10.

[72 FR 13189, Mar. 21, 2007]