FR 2025-01175

The notice from the Federal Register, issued by the U.S. Department of Agriculture, Forest Service, Prescott National Forest, addresses the intended disposition of human remains found on federal or tribal lands. Under the guidelines of the Native American Graves Protection and Repatriation Act (NAGPRA), the Prescott National Forest aims to ensure these remains are returned to the rightful Native American tribes or lineal descendants. Key tribes identified in the notice for potential claims include the Hopi Tribe, the Hualapai Indian Tribe, the Yavapai-Apache Nation, the Yavapai-Prescott Indian Tribe, and the Zuni Tribe.

Summary of the Document

The document outlines steps being taken to repatriate human remains believed to be of Native American ancestry. It specifies that remains were found in the Strickland Wash area of Arizona and are currently in a secure location. The document establishes a timeline for tribes to make claims to these remains, with February 18, 2025, as the earliest date disposition can occur and January 20, 2026, as the deadline for claims to be received. A process is mentioned for handling competing claims, with the Prescott National Forest responsible for adjudicating the most appropriate claimant.

Significant Issues or Concerns

The document raises several issues that may be of concern:

1. Lack of Clarity in Claim Process: There is insufficient detail on the criteria or procedures that the Prescott National Forest will use to determine the most appropriate claimant in cases of competing claims. This lack of transparency could lead to disputes or dissatisfaction among tribes trying to assert their claims.

2. Verification of Ancestry: The notice does not provide detailed information on how it was determined that the remains are of Native American ancestry or the methods used to link them to specific tribes. This could be a contentious issue if the determinations are challenged.

3. Ambiguous Criteria for Evidence: The document mentions that claims for disposition must be supported by a "preponderance of the evidence" but lacks guidance on what constitutes sufficient evidence for these claims, especially for tribes or lineal descendants not initially identified.

4. Unclear Post-Deadline Procedure: There is ambiguity surrounding what will happen if the remains go unclaimed beyond January 20, 2026. The lack of a clear process or procedural guidance after this date might create confusion and uncertainty among interested parties.

Public and Stakeholder Impact

Public Impact

Broadly, the document demonstrates a federal effort to respect and uphold the rights of Native American tribes to reclaim their ancestral remains, which could enhance public perception of the government's commitment to cultural sensitivity and legal compliance under NAGPRA.

Stakeholder Impact

• Native American Tribes: The named tribes might benefit from the opportunity to repatriate and honor their ancestors but could face challenges due to potential ambiguities in the claim process. This initiative respects tribal sovereignty and offers a path to cultural reconciliation.

• Archaeological and Museum Communities: These groups are indirectly involved as they often play roles in the discovery and temporary stewardship of such remains. The notice highlights ongoing responsibilities and the importance of consultation and collaboration under NAGPRA guidelines.

• General Public: For individuals interested in cultural heritage and indigenous rights, this notice serves as an example of the government's efforts to address historical injustices, although the issues identified could weaken confidence in the effectiveness of the process.

Overall, while the document is a positive step towards honoring Native American heritage, the outlined issues could hamper its effectiveness in achieving these goals without further clarification and procedural detail.