Atch_01_Statement_of_Work.pdf

Yosemite National Park RFQ 140P8523Q0054 NAGPRA Contract

Yosemite National Park

Statement of Work

Facilitate NAGPRA Compliance for Native American Human Remains and Cultural Items Excavated, Inadvertently Discovered, or donated at Yosemite, 1921-2017

INTRODUCTION

This project will provide subject matter expertise and assistance to the National Park Service (NPS) at Yosemite National Park (YOSE) to facilitate compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) regarding Native American human remains and cultural items in collections amassed over the course of decades. Professional services performed are related to updating inventories, coordinating consultations with Indian tribal officials, producing required legal notifications, and assisting the Park with the repatriation of Native American human remains, associated, and unassociated funerary objects, sacred objects, and items of cultural patrimony.

BACKGROUND

Yosemite National Park (YOSE) encompasses lands designated by one of the original federal actions to set aside lands, permanently, for the public. This action was the 1864 Yosemite Grant, which included Yosemite Valley and the Mariposa Grove of Giant Sequoias. Today, YOSE consists of almost 748,000 acres of protected lands in the heart of the Sierra Nevada Mountains of California. American Indian peoples from multiple tribes occupied Yosemite Valley and other areas of what is now YOSE at the time of the 1864 grant, and at least seven contemporary tribes claim traditional association with the lands and resources of the park. The Park, whose boundaries encompass over 2000 archeological sites and ethnographic resources, is considered the ancestral homeland to associated tribes. Human remains and associated funerary objects found during intentional excavations, construction activities, by visitors and staff, or through donation to the park have been incorporated into museum collections over the course of some 100 years at Yosemite.

The NPS has control of Native American human remains and other cultural items subject to the Native American Graves Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001 et seq], and its applicable regulations [43 CFR Part 10], intentionally removed or discovered inadvertently, in parklands from over the course of a century. To fulfill legal requirements under NAGPRA, YOSE initiated consultation and developed inventories in 1995; some materials were repatriated in 2002. However, most of these materials, as well others since removed from parklands, remain in YOSE Collections.

In 2021, the park began a multi-phased effort to update inventory, re-open consultation with traditionally associated Indian tribes, and move toward finalizing requirements under NAGPRA.

This effort focused on site CA-MRP-181, with results including an updated inventory, notice of inventory completion, and notice of intended disposition.

The current project, funded under ONPS-Cultural Resources for fiscal year 2023 (PMIS 315252A), includes some or all of the following products: an inventory of materials removed during construction in 2017 (CA-MRP-56) to add to the existing inventory of materials from across some 15 accessions (approximately 20 catalog records), development of notices of inventory completion and intended disposition, and publication of said notices. If funds allow, options to the primary contract include development of notice of intent to repatriate, repatriation, and development of a comprehensive agreement for future inadvertent discoveries.

NOTES ON TASKS AND DELIVERABLES

The Contractor shall coordinate closely with the Contracting Officer’s Representative (COR) / Project Manager / NPS official on all tasks and deliverables. All written work products shall be provided electronically in current version of Microsoft Word or applicable Microsoft Office Suite (i.e; Word, Excel), and/or Adobe PDF unless agreed upon in advance with the COR / Project Manager. Project tasks and associated deliverables may be performed nonsequential as appropriate. Unless specifically stated, the Contractor shall submit deliverables to the COR / Project Manager via email or other agreed upon electronic or digital format.

The Contractor shall submit all deliverables as official submittals. Deliverables are to be considered draft deliverables until approved. As appropriate, the COR / Project Manager will complete a Quality Assurance review to verify the deliverable is complete, meets contract requirements and meets professional standards. Within ten (10) calendar days of receipt of the draft deliverable, the COR / Project Manager / or designated NPS official will notify the Contractor via email with any substantive corrections to the deliverable prior to approval. The COR / Project Manager or NPS official will respond in writing to the Contractor indicating one or more of the following with each submittal: (1) APPROVED, (2) REVISE and RESUBMIT, and/or (3) APPROVED AS NOTED with EDITS.

As needed, the Contractor shall correct and revise and resubmit the draft deliverable to the COR / Project Manager within seven (7) calendar days of receiving notification. Once approved by the COR / Project Manager or NPS official, the Contractor shall resubmit the deliverable in the final approved version.

LOCATIONS

Contractor will carry out all tasks and deliverables remotely to accomplish project aims.

Location of in-person work performed shall be Yosemite National Park, at either El Portal or Yosemite Valley Museum collections.

KEY PERSONNEL SUBSTITUTIONS

During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the NPS Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below. After the initial 90-day period, the Contractor shall submit the information required to the Contracting Officer at least 15 days before making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the NPS Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause shall be modified to reflect any approved changes of key personnel.

ADMINISTRATIVE RECORD

The administrative record documents all disposition or repatriation actions resulting from this project. The Contractor shall assist the Park in keeping a full and accurate administrative record with documentation of human remains, funerary objects, sacred objects, or objects of cultural patrimony under consideration and copies of all written correspondence, telephone logs, notes from consultations and meetings, and agreements between the relevant parties. All final approved products and deliverables shall be provided to the COR / Project Manager / NPS Official as the documented administrative record prior to project close-out.

RESPONSES TO NOTICES

The Contractor shall assist the Park with its consideration of requests received after legally required notices have been published and prior to repatriation and disposition of human remains, funerary objects, sacred objects or objects of cultural patrimony in order to determine the most appropriate requestor. The Contractor will provide subject expertise and assistance to the Park in making its determination should multiple Indian tribes or Native Hawaiian organizations claim items. As needed, the Contractor shall coordinate on behalf of the Park with other institutions (university, museum, state or other) regarding related cultural items that are potentially subject to NAGPRA compliance.

COORDINATION OF FINAL APPROVED PRODUCTS WITH PARK NAGPRA

PROGRAM

The Park NAGPRA Program’s role within the National Park System is to provide technical assistance and guidance to NPS units regarding NAGPRA compliance. All deliverables will be developed in close coordination between the Contractor, YOSE, and the Park NAGPRA Program. As appropriate, all products and deliverables produced by the Contractor will be distributed to the Park NAGPRA Program for review prior to final approval.

SCOPE

TASK 1

I. NAGPRA NEEDS ASSESSMENT AND PROJECT MANAGEMENT

A. Project Kick Off Meeting: Within ten (10) calendar days after the contract / Task Order (TO) is issued, the Contractor shall arrange and facilitate a video conference meeting or conference call with the COR / Project Manager / NPS Official(s) to initiate preliminary project planning.

The purpose of this meeting is to introduce team members, discuss roles and responsibilities, information controls and confidentiality, and overall project schedule.

This meeting will run approximately 1-hour via Microsoft Teams or other agreed upon virtual platform. The Contractor shall include a minimum of two personnel on the call;

representatives of YOSE and NPS will also participate. Prior to the meeting, the Contractor shall provide a meeting agenda.

B. NAGPRA Needs Assessment: The Contractor shall provide a written report / executive summary document based on a thorough analysis of archival data and extant collections, existing park records and holdings, Federal Register and other Legal Notices, Park NAGPRA records, University and Other repositories and collections to assess and determine the specific steps needed to fulfill legal compliance.

The purpose of this assessment is to: (1) provide YOSE with a comprehensive accounting of Native American human remains, funerary objects, sacred objects, and items of cultural patrimony in NPS control; (2) provide a detailed analysis and summary of background information, burial contexts, material objects, notes, reports, and government records related to NAGPRA compliance at YOSE; (3) summarize the relevant legal and regulatory issues to consider in order to accomplish project aims and objectives; (4) identify data gaps and additional information needed which could affect the efficiency and appropriate pathways to fulfill NAGPRA compliance; and (5) draft correspondence, and consultation approaches with lineal descendants, Indian tribes, and Native Hawaiian organizations. As this work is completed for CA-MRP-181, this task pertains only to CA- MRP-56 and miscellaneous materials in the park’s collections (comprising 20 catalog records).

Deliverable: This document shall build on existing documentation, provide for addition of new materials and vetting of previous inventory. It is anticipated that this document will be approximately 10 to 15 pages, which shall be provided electronically in current version of Microsoft Word or applicable Microsoft Office Suite (i.e; Word narrative and Excel spreadsheet), and/or Adobe PDF unless agreed upon in advance with the COR / Project Manager.

C. Project Schedule: The Contractor shall propose an overall project schedule to fulfill NAGPRA legal compliance at YOSE. This schedule shall be updated periodically throughout the project, as needed.

Deliverable: The Project Schedule shall be produced using current Microsoft Office Suite (i.e; Word or Excel), unless agreed upon with COR / Project Manager. The schedule shall be provided to the COR / Project Manager at least ten (10) calendar days following the project kick off meeting.

D. Data Management System – The Contractor shall provide delivery of a Data Management System or database organizing information and to document NAGPRA implementation.

Deliverable: This data management and database tracking system shall be developed using current Microsoft Office Suite (i.e; Excel), and/or ESRI database format or other agreed upon format by the COR / Project Manager. The data management system shall include at a minimum archeological site numbers or locations of findings, burial contexts, and affiliated material objects, and NAGPRA implementation status

E. Project Management Meetings, Facilitation, and Documentation: The Contractor shall facilitate and participate in scheduled project meetings with the COR / Project Manager / NPS Officials as needed throughout the project.

Deliverables: The Contractor will produce a meeting agenda and facilitate each meeting.

Meetings will be held virtually via Microsoft Teams or comparable format as agreed upon by the COR / NPS Project Manager. Meeting notes will be prepared by the Contractor and submitted to the COR / Project Manager no more than ten (10) business days for review and comment. Final Meeting Notes will be submitted following a review period as agreed upon by the COR / NPS Project Manager and Contractor. The Contractor shall prepare meeting notes in summary form (organized by topic rather than a meeting transcription).

Up to eighteen (6) project management meetings with 5 total hours per meeting.

F. Participation in Park-led Tribal Consultations: The Contractor shall participate and provide subject expertise / assistance during Park-led consultation meetings with Indian tribal officials and NPS Officials as needed to facilitate NAGPRA compliance. These meetings will be held virtually via Microsoft Teams or comparable format as agreed by the COR / Project Manager / NPS Official. A schedule of Park-led consultation meetings will be developed by the Contractor in close coordination with the COR / Project Manager / NPS Officials.

Deliverables: The Contractor will propose a schedule of Park-led Tribal consultation meetings in close coordination with the COR / Project Manager / NPS Official. This schedule shall be updated periodically throughout the project, as needed. Contractor will produce an agenda and materials for distribution for each meeting. Meeting notes will be prepared by the Contractor and submitted to the COR / Project Manager no more than ten

(10) business days for review and comment. Final Meeting Notes will be submitted following a review period as agreed upon by the COR / NPS Project Manager and Contractor. The Contractor shall prepare meeting notes in summary form (organized by topic rather than a meeting transcription).

Up to four (4) Tribal Consultation meetings with 5 total hours per meeting.

G. Draft Correspondence Inviting / Initiating Consultation with Federally Recognized Tribes: The Contractor shall draft written correspondence / formal letters for the Park to invite and initiate NAGPRA consultations with lineal descendants, Indian tribes, and Native Hawaiian organizations as required under NAGPRA. The purpose of these written materials is to assist the Park to re-open consultations regarding NAGPRA and provide updates on overall project status to lineal descendants, Indian tribes, and Native Hawaiian organizations.

Deliverables: The Contractor will produce up to four (4) draft correspondence / formal letters to assist the Park with NAGPRA correspondence to lineal descendants, Indian tribes, and Native Hawaiian organizations. Drafts will be submitted to the COR / Project Manager for review and comment.

Final documents will be approved no more than ten (10) business days for review and comment.

TASK 2

II. COMPLETION OF NAGPRA INVENTORIES AND SUMMARIES: CA-MRP-56

and Miscellaneous collections

The Contractor shall develop in close coordination with the Park and NPS Officials the following: (1) Inventories for Human Remains and Associated Funerary Objects in Holdings or Collections prior to November 16, 1990, (2) Inventories of Culturally Unidentifiable Human Remains and Associated Funerary Objects in Holdings or Collections, and (3) Summaries of Cultural Items in Holdings or Collections. As needed, the Contractor shall coordinate on behalf of the Park with other institutions (university, museum, state or other) regarding related Cultural Items that would be potentially subject to NAGPRA compliance.

A. Inventories of Human Remains and Associated Funerary Objects in Holdings or Collections [43 CFR 10.9]: Based on the information obtained in the NAGPRA Needs Assessment, the Contractor shall draft up to five (5) NAGPRA inventories of Native American human remains and associated funerary objects in NPS holdings or collections.

These inventories will include an object-by-object list(s) of all Native American human remains and associated funerary objects in a holding or collection of a museum or Federal agency prior to November 16, 1990.

The information used to develop the NAGPRA inventories will be provided to the Contractor by the NPS Official.

B. Inventories of Culturally Unidentifiable Human Remains and Associated Funerary

Objects in Holdings or Collections [43 CFR 10.11]: Based on the information in the NAGPRA Needs assessment, the Contractor shall draft up; to five (5) inventories of culturally unidentifiable human remains and associated funerary objects where applicable and when cultural affiliation cannot be determined or where cultural affiliation is with an Indian group that is not federally recognized.

The information used to develop the NAGPRA inventories will be provided to the

C. Summaries of Cultural Items in Holdings or Collections [43 CRF 10.8]: The Contractor shall prepare in close coordination with the Park and NPS Officials a general description of Cultural Items in a holding or collection of a museum or Federal agency prior to November 16, 1990. Based on the information obtained in the NAGPRA Needs Assessment, the Contractor shall draft up to two (2) NAGPRA summaries listing all Cultural Items, Unassociated Funerary Objects, potential Sacred Objects, and potential Objects of cultural patrimony in NPS holdings or collections.

The information used to develop the NAGPRA summaries will be provided to the

Deliverables: The Contractor will draft NAGPRA inventories and summaries as needed based on the NAGPRA Needs Assessment. The Contractor will develop all products following NPS Park NAGRPA program templates included in Appendix A or most recent version(s) provided by NPS Officials.

TASK 3

III. COMPLETION OF FEDERAL REGISTER AND OTHER LEGAL NOTICES

The Contractor will develop draft public notices and facilitate their publication prior to the Park transferring custody of human remains or cultural items to Indian Tribes or Native Hawaiian organizations. These draft public notices shall be based on the information obtained in the NAGPRA Needs Assessment and shall follow NPS Park NAGPRA templates in Appendix A or most recent versions as provided by NPS Officials. The types of notices that will be required will depend on the type of item being repatriated or transferred. The four types of Notices expected for this project include: (1) Notices of Intended Disposition, (2) Notices of Inventory Completion, (3) Notices of Intent to Repatriate, and (4) Correction Notices.

The draft public notices will be in relation to all Native American human remains, associated, and unassociated funerary objects, sacred objects, and items of cultural patrimony in a holding or collection of a museum or Federal agency removed from (and in some cases, donated to) YOSE 1921 to 2017, with the exception of materials from CA-MRP-181 (completed previously).

The information used to develop the NAGPRA notices will be provided to the Contractor by the NPS Official.

A. Notice(s) of Intended Disposition (CA-MRP-56 and Miscellaneous Collections): The Contractor shall prepare up to ten (10) Notice(s) of Intended Disposition (NID) for all discoveries in the park after November 16, 1990, if the Park has identified the appropriate person or group with priority for disposition of the cultural items.

Deliverables: The Contractor will develop a draft NID to the COR / Project Manager / NPS Official for review and comment and incorporate any substantive changes to the deliverable prior to approval. As needed, the Contractor shall correct the document and revise and resubmit the draft deliverable to the COR / Project Manager within seven (7) calendar days of receiving notification. Once approved by the COR / Project Manager or NPS official, the Contractor shall resubmit the deliverable in the final approved version.

As appropriate, all products and deliverables produced by the Contractor will be distributed to the Park NAGPRA Program for review prior to final approval. The Contractor will develop all products following NPS Park NAGPRA program templates included in Appendix A or most recent version(s) provided by NPS Officials.

B. Notice(s) of Inventory Completion (CA-MRP-56 and Miscellaneous Collections):

The Contractor shall prepare up to five (5) draft Notice(s) of Inventory Completion (NIC) to be published in the Federal Register if the park has determined that human remains are culturally affiliated or offers to transfer human remains that are not culturally affiliated.

Deliverables: The Contractor will develop a draft NIC to the COR / Project Manager / NPS Official for review and comment and incorporate any substantive changes to the deliverable prior to approval. As needed, the Contractor shall correct the document and revise and resubmit the draft deliverable to the COR / Project Manager within seven (7) calendar days of receiving notification. Once approved by the COR / Project Manager or NPS official, the Contractor shall resubmit the deliverable in the final approved version.

As appropriate, all products and deliverables produced by the Contractor will be distributed to the Park NAGPRA Program for review prior to final approval. The

TASK 4 – OPTION 1

IV. OPTION 1: FACILITATION OF LEGAL TRANSFERS OF HUMAN REMAINS,

FUNERARY OBJECTS, SACRED OBJECTS AND OBJECTS OF CULTURAL

PATRIMONY

The Contractor shall provide subject expertise and assistance to the Park with the disposition of human remains, associated funerary objects, unassociated funerary objects, sacred objects, and/or objects of cultural patrimony in a holding or collection of a museum or Federal agency in accordance with the Native American Graves Protection and Repatriation Act of 1990 and its implementing regulations.

A. Notice(s) of Intent to Repatriate: The Contractor shall prepare up to five (5) draft Notice(s) of Intent to Repatriate (NIR) to be published in the Federal Register if the park has determined there are holdings or collections of unassociated funerary objects, sacred objects, or objects of cultural patrimony, and a request for repatriation has been received and accepted.

Deliverables: The Contractor will develop a draft NIR to the COR / Project Manager / NPS Official for review and comment and incorporate any substantive changes to the deliverable prior to approval. As needed, the Contractor shall correct the document and revise and resubmit the draft deliverable to the COR / Project Manager within seven (7) calendar days of receiving notification. Once approved by the COR / Project Manager or NPS official, the Contractor shall resubmit the deliverable in the final approved version.

As appropriate, all products and deliverables produced by the Contractor will be distributed to the Park NAGPRA Program for review prior to final approval. The

B. Transfer of Control(s) Documents: Based on the NAGPRA Needs Assessment and responses to Federal Register and other Legal Notices received by Indian tribes, the Contractor shall assist the Park with preparing required documents associated with transfers of control and custody of Cultural Items subject to NAGPRA.

Deliverables: Using required NPS Park NAGPRA templates, the Contractor shall prepare up to twenty (20) draft Transfer of Control(s) documents to be submitted and reviewed by Park, with substantive comments incorporated. As appropriate, all products and deliverables produced by the Contractor will be distributed to the Park NAGPRA Program for review prior to final approval. The Contractor will use the NPS Museum Program Repatriation Agreement Template to document transfer(s) of custody included in Appendix A or most recent version provided by NPS Officials.

C. Provide Subject Matter Expertise to Assist the Park with Disposition: The Contractor shall provide general subject matter expertise and data tracking / management assistance to the Park for the purpose of ensuring compliance with NAGPRA during all transfer(s) of custody proceedings. In close coordination with the COR / Project Manager / NPS Official, the Contractor shall provide subject expertise and assistance to facilitate legal transfer(s) of control and custody following the required public notifications and designated waiting period required under NAGPRA.

Deliverables: The Contractor shall participate in meetings and discussions with Park and Park NAGPRA staff as needed, as well as provide a summary memorandum for the purposes of documenting final dispositions for the administrative record.

TASK 5 – OPTION 2

V. OPTION 2: DEVELOPMENT OF COMPREHENSIVE AGREEMENT ON

INADVERTENT DISCOVERIES AND REBURIALS IN THE PARK

The Contractor shall develop a draft NAGPRA agreement document for the Park and culturally affiliated Tribes to consider regarding NAGPRA provisions for inadvertent discoveries [43 CFR 10.4] and intentional excavations [43 CFR 10.3]. This comprehensive agreement shall be designed to facilitate the proper disposition of human remains, associated funerary objects, unassociated funerary objects, sacred objects, and/or objects of cultural patrimony that may be intentionally excavated or inadvertently discovered on park lands after November 16, 1990.

A. Development of Comprehensive Agreement: The Contractor will draft a comprehensive agreement detailing the process for carrying out the requirements of NAGPRA regulations, standard consultation procedures with federally recognized Indian tribes or Native Hawaiian Organizations, and disposition of human remains, and Cultural Items inadvertently discovered, intentionally excavated within, or donated to Yosemite National Park. The purpose of this comprehensive agreement is to assist the Park with the development of agreed upon procedures with culturally affiliated Indian tribes or Native Hawaiian Organizations that have claimed, or are likely to claim Native American human remains and other cultural items excavated intentionally or discovered inadvertently on Federal lands [43 CFR 10.5(f)]

Deliverable: The written document shall be approximately 15-25 pages provided electronically in current version of Microsoft Word or applicable Microsoft Office Suite (i.e; Word, Excel), and Adobe PDF unless agreed upon in advance with the COR / Project Manager. The comprehensive agreement shall: (1) address all land management activities that could result in the intentional excavation or inadvertent discovery of human remains, funerary objects, unassociated funerary objects, sacred objects, and/or objects of cultural patrimony; (2) establish a process for effectively carrying out NAGPRA regulations regarding (a) consultation [43 CFR 10.5]; (b) the determination of custody [43 CFR 10.5 and 10.6]; and (c) the treatment and disposition of human remains, funerary objects, unassociated funerary objects, sacred objects, and/or objects of cultural patrimony; and (3) be developed in consultation with Indian tribes

B. Assistance and Participation in Park-led Tribal Consultations – Contractor will participate in up to eight (8) consultation meetings with the NPS and appropriate Indian tribal officials regarding the development and implementation of the Comprehensive Agreement.

Deliverable: The Contractor shall participate in up to eight (8) Tribal Consultation meetings with Indian tribal officials and NPS Officials to facilitate development of the NAGPRA Comprehensive Agreement. These meetings will be held virtually via Microsoft Teams or comparable format as agreed by the COR / Project Manager / NPS Official. The meetings will be scheduled in close coordination with the Contractor and COR / Project Manager / NPS Officials. Contractor will produce an agenda and materials for distribution for each meeting. Contractor will provide assistance and subject matter expertise regarding NAGPRA compliance and the Park NAGPRA needs assessment. Draft meeting notes will be prepared by the Contractor and submitted to the COR / Project Manager for review and comment. Final Meeting Notes will be submitted following a 10-business day review period.

KEY OFFICIALS / PROEJCT PARTICIPANTS

TBD

PERIOD OF PEFORMANCE

The anticipated period of performance is from October 1, 2023 to December 1, 2025.

DEFINITIONS

1. Human Remains: The physical remains of the body of a person of Native American ancestry. The term does not include remains or portions of remains that may reasonably be determined to have been freely given or naturally shed by the individual from whose body they were obtained, such as hair made into ropes or nets. For the purposes of determining cultural affiliation, human remains incorporated into a funerary object, sacred object, or object of cultural patrimony, as defined below, must be considered as part of that item. 43 CFR 10.2 (d)(1).

2. Interested Party: Lineal descendants, Indian tribes, Native Alaskan villages and corporations, Native Hawaiian organizations, museums, and Federal agencies. (Dispute Procedures of the Native American Graves Protection and Repatriation Review Committee.

3. Inventory: The item-by-item description of human remains and associated funerary objects as required at 25 USC 3003. The term inventory sometimes appears in the statute in the phrase "inventory and identification, which refers to the identification of the cultural affiliation of Native American human remains and associated funerary objects as a required part of the inventory. The inventory has two parts: 1) a listing of all human remains and associated funerary objects that are identified as being culturally affiliated with one or more present-day Indian tribes or Native Hawaiian organizations, and 2) a listing of all culturally unidentifiable human remains for which no culturally affiliated present-day Indian tribe or Native Hawaiian organization can be determined (43 CFR

10.9 (d)]. Museums and Federal agencies were required to complete their inventories by November 16, 1995.

4. Cultural Affiliation: The relationship of shared group identity which can be reasonably traced historically or prehistorically between members of a present-day federally recognized Tribe or Native Hawaiian organization and an earlier group who occupied and used lands within San Juan Island National Historical Park in past centuries. This relationship is based on a preponderance of geographical, kinship, biological, archeological, linguistic, folklore, oral tradition, and historical evidence, or other information or expert opinion. 43 CFR 10.2 (e).

5. Funerary Objects: Items that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains 43 CFR 10.2 (d)(2).

6. Associated Funerary Objects - The regulations [43 CFR 10.2(d)(2)(i)] define associated funerary objects as those funerary objects for which the human remains with which they were placed intentionally are also in the possession or control of a museum or Federal agency. Associated funerary objects also means those funerary objects that were made exclusively for burial purposes or to contain human remains.

7. Unassociated Funerary Objects - The regulations [43 CFR 10.2(d)(2)(ii)] define unassociated funerary objects as those funerary objects for which the human remains with which they were placed intentionally are not in the possession or control of a museum or Federal agency. Objects that were displayed with individual human remains as part of a death rite or ceremony of a culture and subsequently returned or distributed according to traditional custom to living descendants or other individuals are not considered unassociated funerary objects.

8. Sacred Objects: Items that are specific ceremonial objects needed by traditional Native

American religious leaders for the practice of traditional Native American religions by their present-day adherents. Sacred objects are specifically limited to objects that were devoted to a traditional Native American religious ceremony or ritual and which have religious significance or function in the continued observance or renewal of such ceremony 43 CFR 10.2 (d)(3).

9. Objects of Cultural Patrimony: Items having ongoing historical, traditional, or cultural importance central to the Indian tribe or Native Hawaiian organization itself, rather than property owned by an individual tribal or organization member. Such objects must have been considered inalienable by the culturally affiliated Indian tribe or Native Hawaiian organization at the time the object was separated from the group 43 CFR 10.2 (d)(4).

10. Cultural Items: Items collectively defined as Human Remains, Funerary Objects, Sacred

Objects, and Objects of Cultural Patrimony.

11. Burials: Any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited.

12. Inadvertent Discovery: The unanticipated encounter or detection of human remains, funerary objects, sacred objects, or objects of cultural patrimony found under or on the surface of Federal lands pursuant to section 3 (d) of NAGPRA 43 CFR 10.2 (g)(4).

13. Contractor: Any individual or other legal entity that directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract;

or Conducts business, or reasonably may be expected to conduct business, with the Government as an agent or representative of another contractor. (FAR 9.403)

14. Aboriginal land: The regulations [43 CFR 10.6(a)(2)(iii)] refer to aboriginal land as Federal land that is recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims as the aboriginal land of an Indian tribe. For culturally unidentifiable human remains, aboriginal land may be recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims, or a treaty, Act of Congress, or Executive Order [43 CFR 10.11 (b)(2)(ii)].

15. Control: The regulations [43 CFR 10.2(a)(3)(ii)] define control as having a legal interest in human remains, funerary objects, sacred objects, or objects of cultural patrimony sufficient to lawfully permit the museum or Federal agency to treat the objects as part of its collection for purposes of NAGPRA whether or not the human remains or objects are in the physical custody of the museum or Federal agency. Generally, a museum or Federal agency that has loaned human remains or objects to another individual, museum, or Federal agency is considered to retain control of those human remains or objects.

16. Culturally unidentifiable: The regulations [43CFR 10.2(e)(2)] define culturally unidentifiable as referring to human remains and associated funerary objects in museum or Federal agency collections for which no lineal descendant or culturally affiliated Indian tribe or Native Hawaiian organization has been identified through the inventory process.

17. Disposition: The regulations [43 CFR 10.2(g)(5)] define disposition as the transfer of control over human remains, funerary objects, sacred objects, and objects of cultural patrimony by a museum or Federal agency.

18. Repatriation: The term repatriation is used for the transfer of human remains or other cultural items in collections to lineal descendants or culturally affiliated Indian tribes or Native Hawaiian organizations.

19. Custody - The term custody is used when determining the rightful recipient of human remains or other cultural items inadvertently discovered or intentionally excavated after NAGPRA was enacted (November 16, 1990) [43 CFR 10.6]

20. Indian tribe: The statute [25 U.S.C. 3001(7)] defines Indian tribe as any tribe, band, nation, or other organized Indian group or community of Indians, including any Alaska Native village as defined in or established by the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

21. Lineal descendant: The regulations [43 CFR 10.2(b)(1)] define lineal descendant as an individual tracing his or her ancestry directly and without interruption by means of the traditional kinship system of the appropriate Indian tribe or Native Hawaiian organization or by the common law system of descendance to a known Native American individual whose remains, funerary objects, or sacred objects are being claimed.

22. Native Hawaiian Organization: The regulations [43 CFR 10.2(b)(3)] define Native Hawaiian organization as any organization that serves and represents the interests of Native Hawaiians, has as a primary and stated purpose the provision of services to Native Hawaiians, and has expertise in Native Hawaiian affairs. The statute specifically identifies the Office of Hawaiian Affairs and Hui Malama I Na Kupuna 'O Hawai'i Nei, which was dissolved in December 2014, as being Native Hawaiian organizations. Native Hawaiian organizations need not comprise mostly Native Hawaiian members.

23. Notice of Intended Disposition: A notice of the proposed disposition that is published in newspapers by the Federal agency official responsible for cultural items excavated or removed from Federal lands after November 16, 1990.

24. Notice of Intent to Repatriate: A notice that is published in the Federal Register when a museum or Federal agency receives, reviews, and accepts a claim by a tribe for sacred objects, unassociated funerary objects, or objects of cultural patrimony.

25. Notice of Inventory Completion: A notice that is published in the Federal Register when a museum or Federal agency has made a determination of cultural affiliation for human remains and associated funerary objects in its possession or control.

26. Possession: The regulations [43 CFR 10.2(a)(3)(i)] define possession as having physical custody of human remains, funerary objects, sacred objects, or objects of cultural patrimony with a sufficient legal interest to lawfully treat the objects as part of its collection for purposes of NAGPRA. Generally, a museum or Federal agency would not be considered to have possession of human remains or objects on loan from another individual, museum, or Federal agency.

27. Traditionally associated peoples: NPS Management Policies 2006 defines traditionally associated peoples as “...social/cultural entities such as tribes, communities, and kinship units, as well as park neighbors, traditional residents, and former residents who remain attached to a park area despite having relocated... They are ‘traditionally associated’ with a particular park when (1) the entity regards park resources as essential to its development and continued identity as a culturally distinct people; (2) the association has endured for at least two generations (40 years); and (3) the association began prior to establishment of the park” (p. 159).

28. Unclaimed cultural items: The regulations [43 CFR 10.2(h)] define unclaimed cultural items as Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony removed from Federal lands after November 16, 1990, but not transferred to any lineal descendant, Indian tribe, or Native Hawaiian organization because either a claim has not been received within one year of publishing a Notice of Intended Disposition, or no Indian tribe, Native Hawaiian organization, or lineal descendant could be identified as a potential claimant within two years of an inadvertent discovery or intentional excavation.