Panel Discussion: NAGPRA’s Newest Rule—43 CFR 10.11

Bambi Kraus, Director, National Association of Tribal Historic Preservation
Peter Pino, Tribal Administrator, Zia Pueblo
Gary Roybal, Native American Liaison, Bandelier National Monument

IARC Speaker Series, SAR Boardroom

Thursday, February 24, 2011, 12:30–2:00 pm

Listen to the presentation on “NAGPRA’s Newest Rule—43 CFR 10.11”
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On March 5, 2010, NAGPRA Final Rule 43 CFR 10.11 – Disposition of Culturally Unidentifiable Native American Human Remains was passed by Congress. Features of the final rule include: “a final denial of a request from a tribe or Native Hawaiian organization (NHO) for repatriation from tribe or disposition is final agency action (43 CFR 10.1); the rule takes the hold off culturally unidentifiable Native American human remains and moves forward with the responsibility federal agencies and museums have for human remains in collections that can be determined to be Native American but that cannot be culturally affiliated to a federally recognized tribe or NHO (43 CFR 10.9); and there is a civil penalty category #9, failure to transfer control after receipt of claim” (www.nps.gov). But what does this mean in practical terms and for local tribal claims? This panel discussion will cover some of these topics.

NAGPRA’s Newest Rule—43 CFR 10.11

NAGPRA’s Newest Rule—43 CFR 10.11Panelists Peter Pino, Gary Roybal, and Bambi Kraus discuss NAGPRA’s newest rule 43 CFR 10.11during a panel discussion on February 24, 2011.NAGPRA’s Newest Rule—43 CFR 10.11Zia Tribal Administrator discusses the impact of NAPRA rule 43 CFR 10.11 during a panel discussion on February 24, 2011.NAGPRA’s Newest Rule—43 CFR 10.11Panelists Peter Pino, Gary Roybal, and Bambi Kraus discuss NAGPRA’s newest rule 43 CFR 10.11during a panel discussion on February 24, 2011.

Ms. D. Bambi Kraus is the president of the National Association of Tribal Historic Preservation Officers. Since graduating from Stanford University, she has resided in Washington, DC and has been committed to working with and advocating for Native rights. She has worked as a senior advisor for President Clinton's Initiative on Race, the National Indian Policy Center, the National Advisory Council on Indian Education (U.S. Department of Education), and the National Anthropological Archives (Smithsonian Institution). Among other achievements, she completed a children's book in 1998 with and about her mother, Frances Nannauck Kraus. Ms. Kraus is a Tlingit Indian whose family is from Kake, Alaska.

Peter Pino, the former governor of the Pueblo of Zia, has been a Tribal Council member since 1967. Since 1977, he has served as the tribal administrator and treasurer. Mr. Pino is a traditional spiritual leader, holding a lifetime appointment as one of the tribe's Keeper of Songs. He is also a traditional craftsman who tans deer hides and makes moccasins, bows, arrows, digging sticks, rabbit sticks, and bone tools, using the same techniques employed by his Puebloan ancestors. His archaeological interests have led him to committee and board commitments with Crow Canyon Archaeological Center and Mesa Verde National Park. He has served on the Board of Directors of the Mesa Verde Foundation since 1996. He is the first Native American to serve as a Commissioner for the New Mexico Game and Fish Commission, appointed by New Mexico Governor Bill Richardson. His term ended in January 2007. Mr. Pino holds an M.B.A. from University of New Mexico in Business Administration; a B.A. in Industrial Education and an A.S. in Electronics from New Mexico Highlands University.

Gary S. Roybal has served as the Museum Technician/Native American Liaison at Bandelier National Monument/NPS since 1990, where he most recently helped to oversee the renovation of Bandelier’s visitor center. Previously, he served as assistant curator at the Museum of Indian Arts & Culture and repatriation specialist at the Smithsonian’s National Museum of the American Indian Cultural Resource Center. While representing his community of San Ildefonso Pueblo, he served as lieutenant governor, tribal council member, and head war captain/chief.

Also a moccasin maker, Gary Roybal participated in SAR’s Moccasin Seminar in 2009. Mr. Roybal has an associate’s degree in fine arts from the Institute of American Indian Art.

Recommended Readings

“43 CFR Part 10: Native American Graves Protection and Repatriation Act Regulations—Disposition of Culturally Unidentifiable Human Remains; Final Rule” (PDF, 199 KB). Federal Register, Vol. 75, No. 49. Washington D.C.: United States Department of the Interior, March 15, 2010.

“Appendix IV: Information on the Recent Regulation Addressing Disposition of Cultural Unidenitiable Human Remains” (PDF, 199 KB). GAO-10-768 NAGPRA Implementation. Washington D.C.: United States Government Accountability Office, July 2010. pp 74-80.

“At A Glance: 43 CFR 10.11–Disposition of Culturally Unidentifiable Native American Human Remains” (PDF, 199 KB). Washington, D.C.: National Park Service, 2010.

“Fact Sheet: Disposition of Culturally Unidentifiable Native American Remains (CUNAR)” (PDF, 199 KB). Washington, D.C.: National Association of Tribal Historic Preservation Officers, 2010.

“Possible Repatriation Process of CUNAR and AFO” (PDF, 199 KB). Washington, D.C.: National Association of Tribal Historic Preservation Officers, 2010.

“Table 8: NAGPRA Regulations and Related Information Published in the Federal Register as of April 2010” (PDF, 199 KB). GAO-10-768 NAGPRA Implementation. Washington D.C.: United States Government Accountability Office, July 2010. pp 40.

View the NAGPRA’s Newest Rule—43 CFR 10.11 PowerPoint (PDF, 46 KB).

Sponsored by Anne Ray Charitable Trust

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