MINUTES NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REVIEW COMMITTEE FORTY-SEVENTH MEETING NOVEMBER 28-29, 2012 _________________________________________________________ NAGPRA REVIEW COMMITTEE MEETING MINUTES November 28-29, 2012, page 1 TABLE OF CONTENTS The 47th Meeting of the Review Committee 4 Comments by Designated Federal Officer 7 Report: National NAGPRA Program Report on the Implementation of NAGPRA in FY 2012 7 Notices 7 Training 8 Civil Penalties 8 Digitization and Archiving Project 9 Web News and Data Management 9 Grants 9 Regulations 9 Action Item: CUI Database Recommendation 9 Review Committee Questions and Discussion 10 Review Committee Motion 10 Presentations: Research Reports 10 Presentation: The Columbia Plateau Inter-Tribal Repatriation Group 11 Presentation 11 Review Committee Questions and Discussion 11 Action Item: CUI Disposition Request, University of Washington Anthropology Department, WA 12 Presentation 12 Review Committee Motion 13 Comments by Principal Deputy Assistant Secretary for Fish and Wildlife and Parks – Rachel Jacobson 13 Presentation: NAGPRA Update – Bureau of Indian Affairs 13 Presentation 13 Review Committee Questions and Discussion 14 Action Item: CUI Disposition Request, Central Washington University 14 Presentation 14 Review Committee Motion 14 Action Item: CUI Disposition Request, University of New Hampshire 15 Presentation 15 Review Committee Questions and Discussion 15 Review Committee Motion 15 Presentation: Hickory Ground 16 Presentation 16 Review Committee Questions and Discussion 16 Presentation: NPS Publication – American Indians in the Civil War 17 Public Comment – November 28, 2012 17 State University of New York – Oswego 17 Review Committee Questions and Discussion 17 Ms. Christine Landrum 17 Ms. Shannon Keller O’Loughlin 18 Ms. Bambi Kraus 18 Mr. Brian Howard 19 Ms. Pat Parker 19 _________________________________________________________ NAGPRA REVIEW COMMITTEE MEETING MINUTES November 28-29, 2012, page 2 Report and Discussion: Burial Ground Subcommittee Report and Discussion of Recommendations 19 Review Committee Motion 19 Action Item: Discussion and Review of the Review Committee’s Dispute Procedures and Findings Procedures 20 Review Committee Motion 20 th Discussion: Location of 49 Meeting, Fall 2013 20 Presentation: Progress Report – Peabody Museum of Archaeology and Ethnology, Harvard University 21 Review Committee Questions and Discussion 22 Action Item: Finalization of the Review Committee 2012 Report to Congress 22 Recommendation 1: Amendments to 43 C.F.R. 10.11. 22 Review Committee Motion 22 Recommendation 2: Increasing Funding for National NAGPRA Program. 22 Review Committee Motion 22 Review Committee Motion 23 Recommendation 3: Allotment of Reburial Lands. 23 Review Committee Motion 23 Recommendation 4: Processing of Affiliated Remains. 23 Review Committee Motion 23 Recommendation 5: Study of Federal Agency Reburials. 23 Review Committee Motion 23 Recommendation 6: International Repatriation. 23 Review Committee Motion 24 Recommendation 7: Changing the Definition of Native American. 24 Review Committee Motion 24 Carryover Recommendations 24 Recommendation 8 24 Review Committee Motion 24 Review Committee Motion 25 Process to Finalize the 2012 Report to Congress 25 Comments – Mr. Alexander Barker 25 Public Comment – November 29, 2013 25 Ms. Semana Thompson 25 Review Committee Questions and Discussion 26 Mr. Shane Anton/Ms. Angela Garcia-Lewis 26 Review Committee Questions and Discussion 27 Ms. Shannon Keller O’Loughlin 27 Review Committee Questions and Discussion 27 Mr. Clayton Dumont 27 Ms. Christine Abrams 28 Closing Comments 28 Traditional Closing 28 Meeting Adjournment 29 _________________________________________________________ NAGPRA REVIEW COMMITTEE MEETING MINUTES November 28-29, 2012, page 3 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 of any 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 (FACA), 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 February 10, 2012 (77 FR- 7180-7181). The 47th Meeting of the Review Committee The 47th meeting of the Native American Graves Protection and Repatriation Review Committee was called to order by Ms. Rosita Worl, Chair, at 8:34 a.m., Wednesday, November 28, 2012. Ms. Hutt confirmed the attendance of the Review Committee members. Mr. Armand Minthorn, Confederated Tribes of the Umatilla Reservation, Oregon, offered a prayer to open the meeting on Wednesday, November 28, 2012. Ms. Hutt introduced the National _________________________________________________________ NAGPRA REVIEW COMMITTEE MEETING MINUTES November 28-29, 2012, page 4 NAGPRA Program staff present at the meeting. Mr. John offered an opening prayer on Thursday, November 29, 2012. Ms. Worl thanked the National Museum of the American Indian for hosting the meeting. Review Committee members present – Ms. Rosita Worl – Chair Ms. Sonya Atalay Mr. Alexander (Alec) Barker Ms. LindaLee (Cissy) Kuuleilani Farm Mr. Eric Hemenway Mr. Adrian John 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 – Ms. Rachel Jacobson, Principal Deputy Assistant Secretary of the Interior for Fish and Wildlife and Parks 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. Robin Coates, Secretary, National NAGPRA Program, National Park Service Ms. Shannon Keller O’Loughlin, Contractor, Civil Penalties Analyst, National NAGPRA Program, National Park Service Ms. Lesa Koscielski, Contractor, National NAGPRA Program, National Park Service Ms. Kirsten Harness, Intern, National NAGPRA Program, National Park Service Ms. Maya Solis, Intern, National NAGPRA Program, National Park Service Ms. Carla Mattix, Division of Parks and Wildlife, Office of the Solicitor, Department of the Interior Mr. Stephen Simpson, Division of Indian 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) – Mr. Neil Abelsma, U.S. Dept. of Interior, Bureau of Indian Affairs, Reston, VA Ms. Christine Abrams, Tonawanda Seneca Nation, Haudenosaunee