Final Civil Penalties Rule Correction

43 CFR 10.12

July 3, 2003

[Federal Register: July 3, 2003 (Volume 68, Number 128)]
[Rules and Regulations]
[Page 39853-39854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy03-11]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 10

RIN 1024-AC84

Native American Graves Protection and Repatriation Act
Regulations--Civil Penalties; Correction

AGENCY: Department of the Interior.

ACTION: Final rules correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects the final rule that was published on
Thursday, April 3, 2003. This final rule outlines procedures for
assessing civil penalties on museums that fail to comply with
applicable provisions of the Native American Graves Protection and
Repatriation Act of 1990 (``the Act'' or ``NAGPRA'').

EFFECTIVE DATE: May 5, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. John Robbins, Assistant Director,
Cultural Resources, National Park

[[Page 39854]]

Service, 1849 C Street NW., (2253), Washington, DC 20240, telephone
(202) 354-2269.

SUPPLEMENTARY INFORMATION:

Background

On November 16, 1990, President George Bush signed the Act into
law. The Act addresses the rights of lineal descendants, Indian tribes,
and Native Hawaiian organizations to Native American human remains,
funerary objects, sacred objects, and cultural patrimony with which
they are affiliated. Section 9 of the Act authorizes the Secretary of
the Interior (``the Secretary'') to assess a civil penalty against any
museum that fails to comply with the requirements of the Act [25 U.S.C.
3007]. Such penalties must be assessed according to procedures
established by the Secretary through regulation. An interim rule
establishing civil penalty procedures was published in the Federal
Register on January 13, 1997 (62 FR 1820), and went into effect on
February 12, 1997. A final rule establishing civil penalty procedures
was published in the Federal Register on April 3, 2003 (68 FR 16354),
and went into effect on May 5, 2003. As published, the final rule
contains an error that needs to be corrected.
Need for Correction: The correction clarifies the amendatory
instruction to make it clear that the final rule published in the
Federal Register on April 3, 2003 (68 FR 16354) replaces the interim
rule published in the Federal Register on January 13, 1997 (62 FR
1820).

List of Subjects in 43 CFR Part 10

Administrative practices and procedure, Hawaiian Natives, Historic
preservation, Indians--Claims, Museums, Reporting and record-keeping
requirements.

Accordingly, the final rule amending title 43 CFR part 10 published
April 3, 2003 (68 FR 16354) is corrected as follows:

PART 10--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT
REGULATIONS

The authority citation for Part 10 continues to read as follows:

Authority: 25 U.S.C. 3001 et seq.

In FR Doc. 03-7947 published on April 3, 2003, (68 FR 16354), make
the following technical correction: On page 16360, in the second
column, the amendatory instruction below the authority citation
indicates that Part 10 is amended by ``adding'' Sec. 10.12. The
sentence is amended to read ``Part 10 is amended by revising Sec.
10.12 as follows:''.

Dated: June 16, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-16802 Filed 7-2-03; 8:45 am]

BILLING CODE 4312-50-P