FR 2024-28485

The document from the Federal Register is a notice by the National Park Service (NPS), part of the U.S. Department of the Interior, regarding the disposition plan for human remains discovered at Luna Moth Rockshelter in Tennessee. In compliance with the Native American Graves Protection and Repatriation Act (NAGPRA), this notice outlines the intent to return the remains of a Native American individual to descended Native American tribes or lineal descendants.

General Summary

The notice communicates that human remains belonging to one Native American individual were excavated in 1994 and are now held at the Southeast Archeology Center in Florida. The NPS plans to return these remains to the appropriate tribal descendants. The notice identifies several tribes, including the Cherokee Nation and the Absentee Shawnee, as having priority for disposition. Claims for the remains must be submitted by December 5, 2025, with the potential for disposition to occur as early as January 6, 2025. If claims are not made by the deadline, the remains will be deemed unclaimed.

Significant Issues and Concerns

Several issues and concerns arise from this notice:

1. Prioritization Ambiguity: The notice does not clarify why specific tribes are prioritized for receiving the remains, which could cause confusion about the selection criteria.

2. Lack of Mention of Tribal Consultation: There is no explicit reference to consultations with the tribes listed, raising questions about the process's transparency and inclusiveness. Without directly involving affected tribes in discussions, there may be insufficient respect for the tribes' perspectives and rights.

3. Competing Claims Process: The notice lacks a clear framework for resolving competing claims for the remains, which could lead to disputes or dissatisfaction among the involved parties.

4. Assumed Familiarity with NAGPRA: There is an assumption that readers are familiar with NAGPRA, though the document does not offer context or a summary. This could be a barrier for readers who are not knowledgeable about this specific legal act and its implications.

5. Timeline Confusion: The ability to start the disposition process on January 6, 2025, seemingly before the end of the claim period on December 5, 2025, is unclear and potentially misleading, as it suggests action before all claims are evaluated.

Impact on the Public

The broader public might view this document as part of ongoing efforts to address historical wrongs and ensure cultural respect through the return of ancestral remains to Native communities. However, the potential confusion over prioritization and the lack of transparent procedures for addressing competing claims could create a perception of arbitrary decision-making by the federal government.

Impact on Stakeholders

For Native American tribes, successful repatriation can be profoundly significant, symbolizing respect and acknowledgment of their cultural practices and rights. Yet, the lack of clarity around prioritization and consultation could strain relationships between the tribes and the federal government. For the tribes not initially prioritized or consulted, the process might feel exclusionary or dismissive of their claims or historical connections.

For archeologists and historians, the notice underscores the importance of ethical practices and collaboration with Indigenous communities in handling cultural and human remains from past societies. This can lead to positive advancements in both field practices and heritage management.

Conclusively, while the notice makes strides towards respectful repatriation, its ambiguities and lack of transparent procedural detail raise concerns that need careful address to ensure fair and respected outcomes for all involved stakeholders.