81_FR_79062 81 FR 78845 - Notice of Intent To Repatriate Cultural Items: U.S. Army Corps of Engineers, Omaha District, Omaha, NE

81 FR 78845 - Notice of Intent To Repatriate Cultural Items: U.S. Army Corps of Engineers, Omaha District, Omaha, NE

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 81, Issue 217 (November 9, 2016)

Page Range78845-78846
FR Document2016-26975

The U.S. Army Corps of Engineers, Omaha District (Omaha District), in consultation with the appropriate Indian tribes or Native Hawaiian organizations, has determined that the cultural items listed in this notice meet the definition of unassociated funerary objects. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to the Omaha District. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

Federal Register, Volume 81 Issue 217 (Wednesday, November 9, 2016)
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78845-78846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26975]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-22252; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: U.S. Army Corps of 
Engineers, Omaha District, Omaha, NE

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The U.S. Army Corps of Engineers, Omaha District (Omaha 
District), in consultation with the appropriate Indian tribes or Native 
Hawaiian organizations, has determined that the cultural items listed 
in this notice meet the definition of unassociated funerary objects. 
Lineal descendants or representatives of any Indian tribe or Native 
Hawaiian organization not identified in this notice that wish to claim 
these cultural items should submit a written request to the Omaha 
District. If no additional claimants come forward, transfer of control 
of the cultural items to the lineal descendants, Indian tribes, or 
Native Hawaiian organizations stated in this notice may proceed.

DATES: Lineal descendants or representatives of any Indian tribe or 
Native Hawaiian organization not identified in this notice that wish to 
claim these cultural items should submit a written request with 
information in support of the claim to the Omaha District at the 
address in this notice by December 9, 2016.

ADDRESSES: Ms. Sandra Barnum, U.S. Army Engineer District, Omaha, ATTN: 
CENWO-PM-AB, 1616 Capital Avenue, Omaha, NE 68102, telephone, (402) 
995-2674, email [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given in accordance with 
the Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3005, of the intent to repatriate cultural items under the 
control of the Omaha District, Omaha, NE., that meet the definition of 
unassociated funerary objects under 25 U.S.C. 3001.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The 
determinations in this notice are the sole responsibility of

[[Page 78846]]

the museum, institution, or Federal agency that has control of the 
Native American cultural items. The National Park Service is not 
responsible for the determinations in this notice.

History and Description of the Cultural Item(s)

    Cultural items consisting of seven unassociated funerary objects 
that were collected from 39WW7, the Swan Creek site, Dewey County, 
South Dakota, are presently located at the South Dakota State 
Archaeological Research Center (SARC), under the managerial control of 
the Omaha District.
    The Swan Creek site, 39WW2 was an earthlodge village and cemetery 
that was excavated between 1954 and 1956 prior to inundation by flood 
waters of the Oahe Reservoir. Over 125 sets of human remains were 
recovered, and 102 of these individuals are currently housed at SARC 
and reported under a separate Notice of Inventory Completion. Human 
remains of the other individuals were reburied in 1986 at site 39ST15.
    SARC currently holds seven funerary objects that were originally 
collected with individuals that were reburied. The excavation records 
clearly show these items as having been removed from the burial of a 
specific individual. These seven unassociated funerary objects are one 
lithic projectile point and six ceramic body sherds from the same 
ceramic vessel.
    Site 39WW7 is an earthlodge village and associated cemetery. Based 
on village organization, fortifications, geographic location and 
features, as well as the associated artifact assemblage, the site is 
believed to represent at least two major time periods, the Akaska Focus 
of the Extended Coalescent (A.D. 1500-1675) and the Le Beau Phase of 
the Post Contact Coalescent (A.D. 1675-1780) of the Plans Village 
tradition. Based on oral tradition, historic accounts, archaeological 
evidence, geographical location, and physical anthropological 
interpretations, both the Extended and Post Contact Coalescent variants 
are believed to be ancestral Arikara. The Arikara are represented today 
by the Three Affiliated Tribes of the Fort Berthold Reservation. 
Consultation with the Three Affiliated Tribes of the Fort Berthold 
Reservation indicates that these objects represent the kinds of objects 
that are placed with individuals at the time of death.

Determinations Made by the Omaha District

    Officials of the Omaha District have determined that:
     Pursuant to 25 U.S.C. 3001(3)(B), the seven cultural items 
described above are reasonably believed to have been placed with or 
near individual human remains at the time of death or later as part of 
the death rite or ceremony and are believed, by a preponderance of the 
evidence, to have been removed from a specific burial site of a Native 
American individual.
     Pursuant to 25 U.S.C. 3001(2), there is a relationship of 
shared group identity that can be reasonably traced between the 
unassociated funerary objects and Three Affiliated Tribes of the Fort 
Berthold Reservation, North Dakota.

Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian tribe or Native 
Hawaiian organization not identified in this notice that wish to claim 
these cultural items should submit a written request with information 
in support of the claim to Ms. Sandra Barnum, U.S. Army Engineer 
District, Omaha, ATTN: CENWO-PM-AB, 1616 Capital Avenue, Omaha, NE 
68102, telephone, (402) 995-2674, email [email protected], 
by December 9, 2016. After that date, if no additional claimants have 
come forward, transfer of control of the unassociated funerary objects 
to the Three Affiliated Tribes of the Fort Berthold Reservation, North 
Dakota.
    The Omaha District is responsible for notifying the Three 
Affiliated Tribes of the Fort Berthold Reservation, North Dakota, that 
this notice has been published.

    Dated: October 24, 2016.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2016-26975 Filed 11-8-16; 8:45 am]
 BILLING CODE 4312-52-P



                                                                         Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices                                                  78845

                                                were removed from an unknown                            behalf of the Secretary of Interior from               Dated: October 31, 2016.
                                                location. In June 2014, an auction was                  the National Park Service Associate                   Melanie O’Brien,
                                                posted that contained a human cranium,                  Director, Cultural Resources,                         Manager, National NAGPRA Program.
                                                reportedly recovered by a private citizen               Partnerships, and Science transmitted                 [FR Doc. 2016–26979 Filed 11–8–16; 8:45 am]
                                                from the Josiah Benner Farm, PA. The                    the Secretary’s independent review and                BILLING CODE 4312–52–P
                                                auction included a photograph, some                     concurrence with the Review
                                                battlefield objects, and an                             Committee that:
                                                accompanying description that                              • The Gettysburg Foundation                        DEPARTMENT OF THE INTERIOR
                                                attributed the human remains and Civil                  consulted with the appropriate Indian
                                                War Era objects to the Battle of                        tribes or Native Hawaiian organizations,              National Park Service
                                                Gettysburg in 1863. The Josiah Benner
                                                                                                           • none of The Consulted Tribes                     [NPS–WASO–NAGPRA–22252;
                                                Farm served as a field hospital during                                                                        PPWOCRADN0–PCU00RP14.R50000]
                                                                                                        objected to the proposed transfer of
                                                and immediately following the Battle of
                                                                                                        control, and
                                                Gettysburg from July 1 to July 4, 1863.                                                                       Notice of Intent To Repatriate Cultural
                                                   Due to the public outcry and threat of                  • the Gettysburg Foundation may
                                                                                                                                                              Items: U.S. Army Corps of Engineers,
                                                a riot, the auction was cancelled. The                  proceed with the agreed upon transfer of
                                                                                                                                                              Omaha District, Omaha, NE
                                                human cranium and Civil War objects                     control of the culturally unidentifiable
                                                were donated to the Gettysburg                          human remains to the Pueblo of San                    AGENCY:   National Park Service, Interior.
                                                Foundation. At the request of the                       Felipe, New Mexico.                                   ACTION:   Notice.
                                                Gettysburg Foundation, the human                        Transfer of control is contingent on the
                                                cranium was sent to the Smithsonian                                                                           SUMMARY:    The U.S. Army Corps of
                                                                                                        publication of a Notice of Inventory
                                                Institution’s National Museum of                                                                              Engineers, Omaha District (Omaha
                                                                                                        Completion in the Federal Register.
                                                Natural History for analysis. Forensic                                                                        District), in consultation with the
                                                                                                        This notice fulfills that requirement.
                                                analysis of the cranium was used to                                                                           appropriate Indian tribes or Native
                                                determine whether the human cranium                     Determinations Made by the Gettysburg                 Hawaiian organizations, has determined
                                                represented the remains of a Civil War                  Foundation                                            that the cultural items listed in this
                                                soldier.                                                                                                      notice meet the definition of
                                                                                                          Officials of the Gettysburg Foundation              unassociated funerary objects. Lineal
                                                   Forensic analysis indicates that the
                                                                                                        have determined that:                                 descendants or representatives of any
                                                human cranium likely is the remains of
                                                a male, aged 22 to 25 years, whose                        • Pursuant to 25 U.S.C. 3001(9), the                Indian tribe or Native Hawaiian
                                                ancestry is Native American and most                    human remains described in this notice                organization not identified in this notice
                                                closely associated with Indian tribes of                are Native American based on the                      that wish to claim these cultural items
                                                the southwestern United States based on                 forensic analysis.                                    should submit a written request to the
                                                craniometrics measurements.                               • Pursuant to 25 U.S.C. 3001(9), the                Omaha District. If no additional
                                                   Stable isotope analysis and a                        human remains described in this notice                claimants come forward, transfer of
                                                radiocarbon sample were extracted from                  represent the physical remains of one                 control of the cultural items to the lineal
                                                a fragmented left maxillary third molar.                individual of Native American ancestry.               descendants, Indian tribes, or Native
                                                Stable isotope analysis indicates a diet                  • Pursuant to 25 U.S.C. 3001(2), a                  Hawaiian organizations stated in this
                                                largely comprised of C4 plants, likely                  relationship of shared group identity                 notice may proceed.
                                                maize, with moderate to low levels of                   cannot be reasonably traced between the               DATES: Lineal descendants or
                                                meat protein. The AMS radiocarbon                       Native American human and any                         representatives of any Indian tribe or
                                                dating yielded results of 700 BP + 20                   present-day Indian tribe.                             Native Hawaiian organization not
                                                years. Calibrated date ranges are
                                                                                                          • Pursuant to 43 CFR 10.16, the                     identified in this notice that wish to
                                                calculated to Cal AD 1269–1299                                                                                claim these cultural items should
                                                                                                        disposition of the human remains will
                                                (94.53%) and Cal AD 1370–1379                                                                                 submit a written request with
                                                (5.47%), respectively. The Civil War Era                be to the Pueblo of San Felipe, New
                                                                                                        Mexico.                                               information in support of the claim to
                                                objects in the auction with the human                                                                         the Omaha District at the address in this
                                                cranium are not associated funerary                     Additional Requestors and Disposition                 notice by December 9, 2016.
                                                objects.
                                                                                                           Representatives of any Indian tribe or             ADDRESSES: Ms. Sandra Barnum, U.S.
                                                   Pursuant to 43 CFR 10.16, the
                                                Secretary of the Interior may make a                    Native Hawaiian organization not                      Army Engineer District, Omaha, ATTN:
                                                recommendation for a transfer of control                identified in this notice that wish to                CENWO–PM–AB, 1616 Capital Avenue,
                                                of culturally unidentifiable Native                     request transfer of control of these                  Omaha, NE 68102, telephone, (402)
                                                American human remains. In July 2016,                   human remains should submit a written                 995–2674, email sandra.v.barnum@
                                                the Gettysburg Foundation requested                     request with information in support of                usace.army.mil.
                                                that the Secretary, through the Native                  the request to Daniel Bringman,                       SUPPLEMENTARY INFORMATION:      Notice is
                                                American Graves Protection and                          Gettysburg Foundation, 1195 Baltimore                 hereby given in accordance with the
                                                Repatriation Review Committee,                          Pike, Gettysburg, PA 17325, phone 717–                Native American Graves Protection and
                                                recommend the proposed transfer of                      339–2116, email dbringman@                            Repatriation Act (NAGPRA), 25 U.S.C.
                                                control of the culturally unidentifiable                gettysburgfoundation.org by December                  3005, of the intent to repatriate cultural
                                                Native American human remains in this                   9, 2016. After that date, if no additional            items under the control of the Omaha
                                                notice to the Pueblo of San Felipe, New                 requestors have come forward, transfer                District, Omaha, NE., that meet the
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                                                Mexico. The Review Committee, acting                    of control of the human remains to the                definition of unassociated funerary
                                                pursuant to its responsibility under 25                 Pueblo of San Felipe, New Mexico may                  objects under 25 U.S.C. 3001.
                                                U.S.C. 3006(c)(5), considered the                       proceed.                                                 This notice is published as part of the
                                                request at its September 2016 meeting                      The Gettysburg Foundation is                       National Park Service’s administrative
                                                and recommended to the Secretary that                   responsible for notifying The Consulted               responsibilities under NAGPRA, 25
                                                the proposed transfer of control                        Tribes that this notice has been                      U.S.C. 3003(d)(3). The determinations in
                                                proceed. An October 20, 2016 letter on                  published.                                            this notice are the sole responsibility of


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                                                78846                    Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices

                                                the museum, institution, or Federal                        • Pursuant to 25 U.S.C. 3001(3)(B),                organization not identified in this notice
                                                agency that has control of the Native                   the seven cultural items described above              that wish to claim these cultural items
                                                American cultural items. The National                   are reasonably believed to have been                  should submit a written request to
                                                Park Service is not responsible for the                 placed with or near individual human                  Albion College. If no additional
                                                determinations in this notice.                          remains at the time of death or later as              claimants come forward, transfer of
                                                                                                        part of the death rite or ceremony and                control of the cultural items to the lineal
                                                History and Description of the Cultural
                                                                                                        are believed, by a preponderance of the               descendants, Indian tribes, or Native
                                                Item(s)
                                                                                                        evidence, to have been removed from a                 Hawaiian organizations stated in this
                                                   Cultural items consisting of seven                   specific burial site of a Native American             notice may proceed.
                                                unassociated funerary objects that were                 individual.                                           DATES: Lineal descendants or
                                                collected from 39WW7, the Swan Creek                       • Pursuant to 25 U.S.C. 3001(2), there             representatives of any Indian tribe or
                                                site, Dewey County, South Dakota, are                   is a relationship of shared group                     Native Hawaiian organization not
                                                presently located at the South Dakota                   identity that can be reasonably traced                identified in this notice that wish to
                                                State Archaeological Research Center                    between the unassociated funerary                     claim these cultural items should
                                                (SARC), under the managerial control of                 objects and Three Affiliated Tribes of                submit a written request with
                                                the Omaha District.                                     the Fort Berthold Reservation, North                  information in support of the claim to
                                                   The Swan Creek site, 39WW2 was an                    Dakota.                                               Albion College at the address in this
                                                earthlodge village and cemetery that                    Additional Requestors and Disposition                 notice by December 9, 2016.
                                                was excavated between 1954 and 1956                                                                           ADDRESSES: Bille Wickre, Department of
                                                prior to inundation by flood waters of                    Lineal descendants or representatives
                                                                                                        of any Indian tribe or Native Hawaiian                Art and Art History, Albion College, 611
                                                the Oahe Reservoir. Over 125 sets of                                                                          East Porter Street, Albion, MI 49224,
                                                human remains were recovered, and 102                   organization not identified in this notice
                                                                                                        that wish to claim these cultural items               telephone (517) 629–0246, email
                                                of these individuals are currently                                                                            bwickre@albion.edu.
                                                housed at SARC and reported under a                     should submit a written request with
                                                                                                        information in support of the claim to                SUPPLEMENTARY INFORMATION: Notice is
                                                separate Notice of Inventory                                                                                  here given in accordance with the
                                                Completion. Human remains of the                        Ms. Sandra Barnum, U.S. Army
                                                                                                        Engineer District, Omaha, ATTN:                       Native American Graves Protection and
                                                other individuals were reburied in 1986                                                                       Repatriation Act (NAGPRA), 25 U.S.C.
                                                at site 39ST15.                                         CENWO–PM–AB, 1616 Capital Avenue,
                                                                                                        Omaha, NE 68102, telephone, (402)                     3005, of the intent to repatriate cultural
                                                   SARC currently holds seven funerary                                                                        items under the control of Albion
                                                objects that were originally collected                  995–2674, email sandra.v.barnum@
                                                                                                        usace.army.mil, by December 9, 2016.                  College, Albion, MI, that meet the
                                                with individuals that were reburied.                                                                          definition of sacred objects under 25
                                                The excavation records clearly show                     After that date, if no additional
                                                                                                        claimants have come forward, transfer                 U.S.C. 3001.
                                                these items as having been removed                                                                               This notice is published as part of the
                                                from the burial of a specific individual.               of control of the unassociated funerary
                                                                                                        objects to the Three Affiliated Tribes of             National Park Service’s administrative
                                                These seven unassociated funerary                                                                             responsibilities under NAGPRA, 25
                                                objects are one lithic projectile point                 the Fort Berthold Reservation, North
                                                                                                        Dakota.                                               U.S.C. 3003(d)(3). The determinations in
                                                and six ceramic body sherds from the                                                                          this notice are the sole responsibility of
                                                                                                          The Omaha District is responsible for
                                                same ceramic vessel.                                                                                          the museum, institution, or Federal
                                                                                                        notifying the Three Affiliated Tribes of
                                                   Site 39WW7 is an earthlodge village                  the Fort Berthold Reservation, North                  agency that has control of the Native
                                                and associated cemetery. Based on                       Dakota, that this notice has been                     American cultural items. The National
                                                village organization, fortifications,                   published.                                            Park Service is not responsible for the
                                                geographic location and features, as well                                                                     determinations in this notice.
                                                as the associated artifact assemblage, the               Dated: October 24, 2016.
                                                site is believed to represent at least two              Melanie O’Brien,                                      History and Description of the Cultural
                                                major time periods, the Akaska Focus of                 Manager, National NAGPRA Program.                     Item
                                                the Extended Coalescent (A.D. 1500–                     [FR Doc. 2016–26975 Filed 11–8–16; 8:45 am]              At an unknown date before 1973, one
                                                1675) and the Le Beau Phase of the Post                 BILLING CODE 4312–52–P                                sacred object was removed from Zuni
                                                Contact Coalescent (A.D. 1675–1780) of                                                                        lands, most likely from a location in
                                                the Plans Village tradition. Based on                                                                         New Mexico. The sacred object is a
                                                oral tradition, historic accounts,                      DEPARTMENT OF THE INTERIOR                            cottonwood cylinder, 71 cm. long and
                                                archaeological evidence, geographical                                                                         23.7 cm. in diameter. It is rounded at
                                                location, and physical anthropological                  National Park Service                                 both ends and carved to resemble a
                                                interpretations, both the Extended and                  [NPS–WASO–NAGPRA–22251;                               human figure with a face, ears, hair and
                                                Post Contact Coalescent variants are                    PPWOCRADN0–PCU00RP14.R50000]                          cap or helmet at one end and hands at
                                                believed to be ancestral Arikara. The                                                                         the other end. There is a hole in the
                                                Arikara are represented today by the                    Notice of Intent To Repatriate Cultural               front center at a place where some
                                                Three Affiliated Tribes of the Fort                     Items: Albion College, Albion, MI                     scholars suggest is an umbilicus. The
                                                Berthold Reservation. Consultation with                 AGENCY:   National Park Service, Interior.            wood is significantly weathered and
                                                the Three Affiliated Tribes of the Fort                 ACTION:   Notice.                                     shows signs of aging. Based upon the
                                                Berthold Reservation indicates that                                                                           form and condition, the object has been
                                                these objects represent the kinds of                    SUMMARY:   Albion College, in
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              determined to be a Zuni Ahayu:da or
                                                objects that are placed with individuals                consultation with the appropriate                     war god.
                                                at the time of death.                                   Indian tribes or Native Hawaiian                         In 1973, the sacred object (Ahayu:da)
                                                                                                        organizations, has determined that the                was donated by an individual to Albion
                                                Determinations Made by the Omaha
                                                                                                        cultural items listed in this notice meet             College. There is no further information
                                                District
                                                                                                        the definition of sacred objects. Lineal              regarding its origin or date. After the
                                                  Officials of the Omaha District have                  descendants or representatives of any                 donor’s death in 1990, Bille Wickre
                                                determined that:                                        Indian tribe or Native Hawaiian                       contacted the donor’s children and


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Document Created: 2016-11-09 01:39:48
Document Modified: 2016-11-09 01:39:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesLineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to the Omaha District at the
FR Citation81 FR 78845 

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