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DOI/NPS

RIN: 1024-AE19

Publication ID: Fall 2023

Title: Native American Graves Protection and Repatriation Act Regulations
Abstract: This final rule revises the Native American Graves Protection and Repatriation Act (NAGPRA) implementing regulations. The rule eliminates ambiguities, correct inaccuracies, simplifies excessively burdensome and complicated requirements, clarifies timelines, and removes offensive terminology in the existing regulations that have inhibited the respectful repatriation of most Native American human remains. This rule simplifies and improves the regulatory process for repatriation and thereby advances the goals of racial justice, equity, and inclusion. The Department sought Tribal government input through communication under Executive Order 13175 criteria and the Department’s consultation policy on meaningful communication and collaboration with tribal officials. The Department held Consultation sessions with federally recognized Indian Tribes and a listening session for present, former, and prospective petitioners.
Agency: Department of the Interior(DOI)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 43 CFR 10
Legal Authority: 25 U.S.C. 3001 et seq.

Legal Deadline: None

Statement of Need:

This rule will revise the Native American Graves Protection and Repatriation Act (NAGPRA) implementing regulations. The rule will eliminate ambiguities, correct inaccuracies, simplify excessively burdensome and complicated requirements, clarify timelines, and remove offensive terminology in the existing regulations that have inhibited the respectful repatriation of most Native American human remains. This rule will simplify and improve the regulatory process for repatriation and thereby advance the goals of racial justice, equity, and inclusion.

Summary of the Legal Basis:

25 U.S.C. 3001 et seq.

Timetable:

Action	Date	FR Cite
NPRM	10/18/2022	87 FR 63202
NPRM Comment Period Extended	01/10/2023	88 FR 1344
NPRM Comment Period Extended End	01/31/2023
Final Rule	12/00/2023

Additional Information: Since the passage of NAGPRA in 1990, it has been the policy of the United States that human remains of any ancestry must always be treated with dignity and respect. Yet in the last 30 years, less than half of the Native American human remains in collections have been repatriated to their traditional caretakers. The revisions to the existing regulatory requirements will respect the civil rights and sovereignty of Indian Tribes and Native Hawaiians to repatriate their ancestors and cultural items. The rule responds to regular and repeated requests for regulatory revisions and will reduce the regulatory burden on all parties by streamlining requirements in accessible language with clear timelines, removing ambiguity, and improving efficiency. The rule will likely have a positive net benefit, justifying any temporary cost increase.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.nps.gov/nagpra
RIN Data Printed in the FR: No
Agency Contact: Melanie O'Brien National NAGPRA Program Manager Department of the Interior National Park Service National NAGPRA Program, 1849 C Street NW, Washington, DC 20240 Phone:202 354-2204 Email: melanie_o'brien@nps.gov