43 CFR 10.11 - Disposition of culturally unidentifiable human remains

Cite as43 CFR 10.11
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371 practice notes
  • Part III
    • United States
    • Federal Register March 15, 2010
    • March 15, 2010
    ...from Federal or tribal land after 1990 (25 U.S.C. 3002(a)(2)(C)(2)), and was included in the proposed rule as a basis for consultation (43 CFR 10.11(b)) and disposition (43 CFR 10.11(c)) of culturally unidentifiable human remains. Only four commenters offered specific recommendations on how......
  • Bonnichsen v. U.S., Dept. of Army, Civil No. 96-1481-JE.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • June 27, 1997
    ...governing the disposition of "culturally unidentifiable human remains." At this writing, however, that task has not been completed. See 43 C.F.R. § 10.11 12. Section 13 of NAGPRA directs the Secretary of Interior to promulgate regulations for the implementation of NAGPRA. 13. The legislativ......
  • Navajo Nation v. U.S. Dep't of the Interior, No. 13–15710.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 6, 2016
    ...the dissent cites for the proposition that superior property rights can only be asserted at the conclusion of the NAGPRA process, 43 C.F.R. § 10.11(e), states that district courts may hear "any action brought that alleges a violation of [NAGPRA]." It says nothing about when such an action m......
  • White v. Univ. of Cal., No. 12–17489.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 27, 2014
    ...Claims Commission or the [765 F.3d 1017]United States Court of Federal Claims, a treaty, an Act of Congress, or an Executive Order. 43 C.F.R. § 10.11(b)(2)(ii). NAGPRA's repatriation provisions apply to Native American cultural items already held by a federal agency or museum at the time th......
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4 cases
  • Bonnichsen v. U.S., Dept. of Army, Civil No. 96-1481-JE.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • June 27, 1997
    ...governing the disposition of "culturally unidentifiable human remains." At this writing, however, that task has not been completed. See 43 C.F.R. § 10.11 12. Section 13 of NAGPRA directs the Secretary of Interior to promulgate regulations for the implementation of NAGPRA. 13. The legislativ......
  • Navajo Nation v. U.S. Dep't of the Interior, No. 13–15710.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 6, 2016
    ...the dissent cites for the proposition that superior property rights can only be asserted at the conclusion of the NAGPRA process, 43 C.F.R. § 10.11(e), states that district courts may hear "any action brought that alleges a violation of [NAGPRA]." It says nothing about when such an action m......
  • White v. Univ. of Cal., No. 12–17489.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 27, 2014
    ...Claims Commission or the [765 F.3d 1017]United States Court of Federal Claims, a treaty, an Act of Congress, or an Executive Order. 43 C.F.R. § 10.11(b)(2)(ii). NAGPRA's repatriation provisions apply to Native American cultural items already held by a federal agency or museum at the time th......
  • Fallon Paiute-Shoshone v. U.S. Bureau of Land Man., No. 03:04-CV-0466-LRH(RAM).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 21, 2006
    ...further evidence that demonstrates cultural affiliation, the difficulty in BLM's argument is that until such evidence is discovered, or 43 C.F.R. § 10.112 is finally promulgated, the affiliation inquiry continues in perpetuity without providing an opportunity for meaningful review by the co......

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