81 FR 8219 - Native American Graves Protection and Repatriation Review Committee; Findings and Recommendations Regarding Human Remains and Associated Funerary Objects for The Osage Nation
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 81, Issue 32 (February 18, 2016)
National Park Service
Federal Register Volume 81, Issue 32 (February 18, 2016)
| Page Range | 8219-8220 | |
| FR Document | 2016-03407 |
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)] [Notices] [Pages 8219-8220] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03407] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-20115; PPWOCRADN0-PCU00RP14.R50000] Native American Graves Protection and Repatriation Review Committee; Findings and Recommendations Regarding Human Remains and Associated Funerary Objects for The Osage Nation AGENCY: National Park Service, Interior. ACTION: Findings and recommendations. ----------------------------------------------------------------------- SUMMARY: The National Park Service is publishing this notice as part of its administrative responsibilities pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA or the Act). The recommendations, findings, and actions in this notice are advisory only and are not binding on any person. The Native American Graves Protection and Repatriation Review Committee (Review Committee) found that certain human remains and associated items are culturally affiliated with The Osage Nation and that the State of Missouri Department of Natural Resources, State Historic Preservation Office should determine the most appropriate claimant--The Osage Nation or the Indian tribes comprising the Sac and Fox NAGPRA Confederacy--using the criteria under section 7(a)(4) of the Act. ADDRESSES: The Review Committee meeting transcript containing the proceedings and Review Committee deliberation and findings are available online at www.nps.gov/nagpra/Review or from the National NAGPRA Program upon request ([email protected]). SUPPLEMENTARY INFORMATION: The recommendations, findings, and actions of the Review Committee are advisory only and not binding on any person. These advisory findings and recommendations do not necessarily represent the views of the National Park Service or Secretary of the Interior. The National Park Service and the Secretary of the Interior have not taken a position on these matters. The Review Committee was established by Section 8 of the Act, and is an advisory body governed by the Federal Advisory Committee Act. At its November 18, 2015, public meeting in Norman, OK, the Review Committee heard a request from The Osage Nation as an affected party. The issues before the Review Committee were (1) whether the human remains and associated items from the Clarksville Mound Group (site 23PI6) are culturally affiliated with The Osage Nation; and (2) whether the [[Page 8220]] appropriate disposition of the human remains and associated items from the Clarksville Mound Group (site 23PI6) is to The Osage Nation or the Indian tribes comprising the Sac and Fox NAGPRA Confederacy. Between 1962 and 1996, human remains representing, at minimum, 29 individuals were removed from the Clarksville Mound Group (site 23PI6) in Pike County, MO. The Clarksville Mound Group was originally recorded in 1952, and described as a group of six mounds. In 1962, the site was bulldozed in order to develop a sky-ride and tourist attraction, and five of the six mounds were destroyed. In 1995 and 1996, the City of Clarksville, the owner of the site, contacted the Missouri Department of Natural Resources, State Historic Preservation Office (SHPO) for assistance after terminating the lease to the tourist attraction. Human remains were eroding out of the damaged mound, and due to the severity of the erosion problem, the SHPO and the City of Clarksville decided to undertake excavations to remove the threatened burials. The excavations were expanded as more burials were discovered. During the excavations, human remains representing, at minimum, 22 individuals were removed from the site. The two associated funerary objects are one lot of ancalusa shell beads and one Scallorn point. In 2002, additional human remains representing, at minimum, four individuals were transferred to the SHPO by a local collector who had been on the site in 1962. In 2006, additional human remains from the site representing, at minimum, three individuals were transferred to the SHPO by the University of Missouri-Columbia. On February 21, 2013, the Sac & Fox Nation of Oklahoma, the Sac & Fox Tribe of the Mississippi in Iowa, and the Sac & Fox Nation of the Missouri in Kansas, through the Sac and Fox NAGPRA Confederacy, submitted a request for repatriation of all the human remains and associated funerary objects from the Clarksville Mound Group (site 23PI6), citing a relationship of shared group identity (cultural affiliation). On July 30, 2013, the SHPO published a Notice of Inventory Completion in the Federal Register (78 FR 45960-45961) for the human remains and associated funerary objects from the Clarksville Mound Group (site 23PI6) in which it determined that a shared group identity could be reasonably traced between the human remains and the Sac & Fox Nation, Oklahoma; Sac & Fox of Missouri in Kansas and Nebraska; and the Sac & Fox Tribe of the Mississippi in Iowa. On August 29, 2013, The Osage Nation timely submitted a written request for transfer of control of the human remains and associated funerary objects removed from the Clarksville Mound Group (site 23PI6). Supporting materials submitted by The Osage Nation asserted that (1) the individuals interred at the Clarksville Mound site dated to the Late Woodland and Emergent Mississippian Period (A.D. 900-1000); (2) this period corresponds to the prehistoric occupation of Missouri by the ancestral Osage; and (3) in accordance with 43 CFR 10.2(e)(1) and 10.14(c), multiple lines of evidence support a cultural affiliation between the prehistoric inhabitants of the Clarksville Mound site and the current people of The Osage Nation. As of July 15, 2015, the SHPO had not made a decision regarding The Osage Nation's request. In August 2015, The Osage Nation requested that the Review Committee make a finding of fact regarding the human remains and associated funerary objects removed from Clarksville Mound Group (site 23PI6) in Pike County, MO. The Designated Federal Officer for the Review Committee agreed to the request. At its November 18, 2015 meeting, the Review Committee considered the request. The issues before the Review Committee were (1) whether the human remains and associated items from the Clarksville Mound Group (site 23PI6) are culturally affiliated with The Osage Nation; and (2) whether the appropriate disposition of human remains and associated items from the Clarksville Mound Group (site 23PI6) is to The Osage Nation or the Indian tribes comprising the Sac and Fox NAGPRA Confederacy. Findings of Fact: All six Review Committee members currently appointed by the Secretary of the Interior participated in the fact finding. By a vote of five to zero (the chair did not vote), the Review Committee found that with regard to issue (1), the human remains and associated items from the Clarksville Mound Group (Site 23PI6) are culturally affiliated with The Osage Nation. Regarding issue (2), by a vote of five to zero (the chair did not vote), the Review Committee ``strongly recommends that the [State of Missouri Department of Natural Resources, State Historic Preservation Officer], pursuant to the NAGPRA regulations, determine the most appropriate claimant in this case within the next six months, in consultation with The Osage Nation and the Sac and Fox NAGPRA Confederacy. If the [State of Missouri Department of Natural Resources, State Historic Preservation Officer], cannot make such a determination within six months, the Review Committee requests that the [State of Missouri Department of Natural Resources, State Historic Preservation Officer,] notify the Review Committee of the barrier to doing so.'' Dated: January 13, 2016. Armand Minthorn, Chair, Native American Graves Protection and Repatriation Review Committee. [FR Doc. 2016-03407 Filed 2-17-16; 8:45 am] BILLING CODE 4312-50-P
![Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices 8219
responsibilities under NAGPRA, 25 lack of contextual and exact location DEPARTMENT OF THE INTERIOR
U.S.C. 3003(d)(3) and 43 CFR 10.11(d). information from which the burial was
The determinations in this notice are removed. No known individuals were National Park Service
the sole responsibility of the museum, identified. No associated funerary [NPS–WASO–NAGPRA–20115;
institution, or Federal agency that has objects are present. PPWOCRADN0–PCU00RP14.R50000]
control of the Native American human
remains. The National Park Service is Determinations Made by the Burke Native American Graves Protection
not responsible for the determinations Museum and Repatriation Review Committee;
in this notice. Findings and Recommendations
Officials of the Burke Museum have
Consultation Regarding Human Remains and
determined that: Associated Funerary Objects for The
A detailed assessment of the human • Pursuant to 25 U.S.C. 3001(9), the Osage Nation
remains was made by the Burke human remains described in this notice
Museum professional staff in AGENCY: National Park Service, Interior.
are Native American based on
consultation with representatives of osteological evidence and museum ACTION: Findings and recommendations.
Lummi Tribe of the Lummi Reservation; collecting and accessioning history. SUMMARY: The National Park Service is
Muckleshoot Indian Tribe (previously
listed as the Muckleshoot Indian Tribe • Pursuant to 25 U.S.C. 3001(9), the publishing this notice as part of its
human remains described in this notice administrative responsibilities pursuant
of the Muckleshoot Reservation,
represent the physical remains of one to the Native American Graves
Washington); Nooksack Indian Tribe;
individual of Native American ancestry. Protection and Repatriation Act
Samish Indian Nation (previously listed
(NAGPRA or the Act). The
as the Samish Indian Tribe, • Pursuant to 25 U.S.C. 3001(2), a recommendations, findings, and actions
Washington); Sauk-Suiattle Indian relationship of shared group identity in this notice are advisory only and are
Tribe; Snoqualmie Indian Tribe cannot be reasonably traced between the not binding on any person. The Native
(previously listed as the Snoqualmie Native American human remains and American Graves Protection and
Tribe, Washington); Stillaguamish Tribe any present-day Indian tribe. Repatriation Review Committee (Review
of Indians of Washington (previously
listed as the Stillaguamish Tribe of • Treaties, Acts of Congress, or Committee) found that certain human
Executive Orders, indicate that the land remains and associated items are
Washington); Suquamish Indian Tribe
from which the Native American human culturally affiliated with The Osage
of the Port Madison Reservation;
remains were removed is the aboriginal Nation and that the State of Missouri
Swinomish Indian Tribal Community
land of The Tribes. The Treaty of Point Department of Natural Resources, State
(previously listed as the Swinomish
Elliot was signed on January 22, 1855 by Historic Preservation Office should
Indians of the Swinomish Reservation of
determine the most appropriate
Washington); Tulalip Tribes of representatives from The Tribes, and
claimant—The Osage Nation or the
Washington (previously listed as the ceded aboriginal land included the San
Tulalip Tribes of the Tulalip Indian tribes comprising the Sac and
Juan Islands region.
Reservation, Washington); and Upper Fox NAGPRA Confederacy—using the
• Pursuant to 43 CFR 10.11(c)(1), the criteria under section 7(a)(4) of the Act.
Skagit Indian Tribe, (all hereafter
disposition of the human remains may ADDRESSES: The Review Committee
referred to as the ‘‘The Tribes’’).
be to The Tribes. meeting transcript containing the
History and Description of the Remains proceedings and Review Committee
Additional Requestors and Disposition
On an unknown date prior to 1995, deliberation and findings are available
human remains representing, at Representatives of any Indian tribe or online at www.nps.gov/nagpra/Review
minimum, one individual were possibly Native Hawaiian organization not or from the National NAGPRA Program
removed from San Juan Islands, San identified in this notice that wish to upon request (NAGPRA_Info@nps.gov).
Juan Island County, Washington. These request transfer of control of these SUPPLEMENTARY INFORMATION: The
remains were identified in 1995 while human remains should submit a written recommendations, findings, and actions
completing an inventory for NAGPRA request with information in support of of the Review Committee are advisory
compliance. These human remains were the request to Peter Lape, Burke only and not binding on any person.
located in a box of material marked Museum, University of Washington, Box These advisory findings and
‘‘Anian Island Burial 3F.’’ The human 353010, Seattle, WA 98195, telephone recommendations do not necessarily
remains were in a paper-bag marked represent the views of the National Park
(206) 685–3849 x2, plape@uw.edu, by
‘‘Burial 3’’. Also written on the bag in Service or Secretary of the Interior. The
March 21, 2016. After that date, if no
the same pencil, but crossed out, is, National Park Service and the Secretary
additional requestors have come
‘‘SJ–1, Finds, 7/18/46.’’. These human of the Interior have not taken a position
remains to do not match any of the forward, transfer of control of the
on these matters.
records for the Anian Island burial. human remains to The Tribes may The Review Committee was
They also do not match ‘‘Burial 3’’ from proceed. established by Section 8 of the Act, and
Arden King’s 1946 excavations at 45– The Burke Museum is responsible for is an advisory body governed by the
SJ–1 and there is no mention of burials notifying The Tribes that this notice has Federal Advisory Committee Act. At its
being found on 7/18/1946 in the field been published. November 18, 2015, public meeting in
mstockstill on DSK4VPTVN1PROD with NOTICES
documents. The condition of these Dated: January 15, 2016.
Norman, OK, the Review Committee
human remains is consistent with other heard a request from The Osage Nation
burials in shell middens from this area. David Tarler, as an affected party. The issues before
Additional information provided during Acting Manager, National NAGPRA Program. the Review Committee were (1) whether
consultation indicated this individual [FR Doc. 2016–03412 Filed 2–17–16; 8:45 am] the human remains and associated items
was likely buried on the San Juan BILLING CODE 4312–50–P from the Clarksville Mound Group (site
Islands. The Burke Museum is unable to 23PI6) are culturally affiliated with The
make a cultural affiliation due to the Osage Nation; and (2) whether the
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![8220 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices
appropriate disposition of the human Nation timely submitted a written a determination within six months, the
remains and associated items from the request for transfer of control of the Review Committee requests that the
Clarksville Mound Group (site 23PI6) is human remains and associated funerary [State of Missouri Department of Natural
to The Osage Nation or the Indian tribes objects removed from the Clarksville Resources, State Historic Preservation
comprising the Sac and Fox NAGPRA Mound Group (site 23PI6). Supporting Officer,] notify the Review Committee of
Confederacy. materials submitted by The Osage the barrier to doing so.’’
Between 1962 and 1996, human Nation asserted that (1) the individuals Dated: January 13, 2016.
remains representing, at minimum, 29 interred at the Clarksville Mound site
Armand Minthorn,
individuals were removed from the dated to the Late Woodland and
Clarksville Mound Group (site 23PI6) in Chair, Native American Graves Protection
Emergent Mississippian Period (A.D.
and Repatriation Review Committee.
Pike County, MO. The Clarksville 900–1000); (2) this period corresponds
Mound Group was originally recorded [FR Doc. 2016–03407 Filed 2–17–16; 8:45 am]
to the prehistoric occupation of
in 1952, and described as a group of six Missouri by the ancestral Osage; and (3) BILLING CODE 4312–50–P
mounds. In 1962, the site was bulldozed in accordance with 43 CFR 10.2(e)(1)
in order to develop a sky-ride and and 10.14(c), multiple lines of evidence
tourist attraction, and five of the six support a cultural affiliation between INTERNATIONAL TRADE
mounds were destroyed. In 1995 and the prehistoric inhabitants of the COMMISSION
1996, the City of Clarksville, the owner Clarksville Mound site and the current
of the site, contacted the Missouri people of The Osage Nation. As of July Notice of Receipt of Complaint;
Department of Natural Resources, State 15, 2015, the SHPO had not made a Solicitation of Comments Relating to
Historic Preservation Office (SHPO) for decision regarding The Osage Nation’s the Public Interest
assistance after terminating the lease to request. AGENCY: U.S. International Trade
the tourist attraction. Human remains In August 2015, The Osage Nation Commission.
were eroding out of the damaged requested that the Review Committee ACTION: Notice.
mound, and due to the severity of the make a finding of fact regarding the
erosion problem, the SHPO and the City human remains and associated funerary SUMMARY: Notice is hereby given that
of Clarksville decided to undertake objects removed from Clarksville the U.S. International Trade
excavations to remove the threatened Mound Group (site 23PI6) in Pike Commission has received a complaint
burials. The excavations were expanded County, MO. The Designated Federal entitled Certain Mobile Electronic
as more burials were discovered. During Officer for the Review Committee agreed Devices Incorporating Haptics
the excavations, human remains to the request. (Including Smartphones and
representing, at minimum, 22 At its November 18, 2015 meeting, the Smartwatches) and Components
individuals were removed from the site. Review Committee considered the Thereof, DN 3120; the Commission is
The two associated funerary objects are request. The issues before the Review soliciting comments on any public
one lot of ancalusa shell beads and one Committee were (1) whether the human interest issues raised by the complaint
Scallorn point. In 2002, additional remains and associated items from the or complainant’s filing under section
human remains representing, at Clarksville Mound Group (site 23PI6) 210.8(b) of the Commission’s Rules of
minimum, four individuals were are culturally affiliated with The Osage Practice and Procedure (19 CFR
transferred to the SHPO by a local Nation; and (2) whether the appropriate 210.8(b)).
collector who had been on the site in disposition of human remains and
associated items from the Clarksville FOR FURTHER INFORMATION CONTACT: Lisa
1962. In 2006, additional human
remains from the site representing, at Mound Group (site 23PI6) is to The R. Barton, Secretary to the Commission,
minimum, three individuals were Osage Nation or the Indian tribes U.S. International Trade Commission,
transferred to the SHPO by the comprising the Sac and Fox NAGPRA 500 E Street SW., Washington, DC
University of Missouri-Columbia. Confederacy. 20436, telephone (202) 205–2000. The
On February 21, 2013, the Sac & Fox Findings of Fact: All six Review public version of the complaint can be
Nation of Oklahoma, the Sac & Fox Committee members currently accessed on the Commission’s
Tribe of the Mississippi in Iowa, and the appointed by the Secretary of the Electronic Document Information
Sac & Fox Nation of the Missouri in Interior participated in the fact finding. System (EDIS) at EDIS,1 and will be
Kansas, through the Sac and Fox By a vote of five to zero (the chair did available for inspection during official
NAGPRA Confederacy, submitted a not vote), the Review Committee found business hours (8:45 a.m. to 5:15 p.m.)
request for repatriation of all the human that with regard to issue (1), the human in the Office of the Secretary, U.S.
remains and associated funerary objects remains and associated items from the International Trade Commission, 500 E
from the Clarksville Mound Group (site Clarksville Mound Group (Site 23PI6) Street SW., Washington, DC 20436,
23PI6), citing a relationship of shared are culturally affiliated with The Osage telephone (202) 205–2000.
group identity (cultural affiliation). On Nation. Regarding issue (2), by a vote of General information concerning the
July 30, 2013, the SHPO published a five to zero (the chair did not vote), the Commission may also be obtained by
Notice of Inventory Completion in the Review Committee ‘‘strongly accessing its Internet server at United
Federal Register (78 FR 45960–45961) recommends that the [State of Missouri States International Trade Commission
for the human remains and associated Department of Natural Resources, State (USITC) at USITC.2 The public record
funerary objects from the Clarksville Historic Preservation Officer], pursuant for this investigation may be viewed on
the Commission’s Electronic Document
mstockstill on DSK4VPTVN1PROD with NOTICES
Mound Group (site 23PI6) in which it to the NAGPRA regulations, determine
determined that a shared group identity the most appropriate claimant in this Information System (EDIS) at EDIS.3
could be reasonably traced between the case within the next six months, in
1 Electronic Document Information System
human remains and the Sac & Fox consultation with The Osage Nation and
(EDIS): http://edis.usitc.gov.
Nation, Oklahoma; Sac & Fox of the Sac and Fox NAGPRA Confederacy. 2 United States International Trade Commission
Missouri in Kansas and Nebraska; and If the [State of Missouri Department of (USITC): http://edis.usitc.gov.
the Sac & Fox Tribe of the Mississippi Natural Resources, State Historic 3 Electronic Document Information System
in Iowa. On August 29, 2013, The Osage Preservation Officer], cannot make such (EDIS): http://edis.usitc.gov.
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Document Created: 2016-02-18 07:46:12
Document Modified: 2016-02-18 07:46:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Findings and recommendations. | |
| FR Citation | 81 FR 8219 |
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