82 FR 44448 - 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 82, Issue 183 (September 22, 2017)

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 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44448-44450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20294]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0023936; 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 October 23, 2017.

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 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.

[[Page 44449]]

History and Description of the Cultural Items

    Between 1965 and 1968, two cultural items were removed from the 
Fort Manuel site (39CO5), Corson County, SD, and are presently located 
at the South Dakota State Archaeological Research Center (SARC), under 
the managerial control of the Omaha District. Between 1965 and 1966, G. 
Hubert Smith recovered human remains (Individual 2) and associated 
funerary objects. In 1968, J.J. Hoffman and R.B. Johnson, SIRBS, 
recovered the human remains of two other individuals (Individuals 1 and 
3) and associated funerary objects consisting of wood fragments. The 
human remains were stored at the University of Nebraska-Lincoln until 
1986, when they were moved to SARC. In 1987, the University of 
Tennessee-Knoxville received the human remains and conducted an 
inventory before returning them to SARC in 1988. The human remains were 
housed at SARC until May 20, 1994, when they were repatriated to the 
Cheyenne River Sioux with the wood fragments. The remaining two 
unassociated funerary objects are two bear proximal phalanges that 
records show were originally collected with Individual 2.
    The Fort Manuel site (39CO5) is a multi-component site on a narrow 
terrace above the confluence of the Missouri River and Hunkpapa Creek, 
and was most likely occupied during the Middle Missouri Tradition (900-
1500), Extended (1500-1675), Post-contact Coalescent (1675-1780), and 
Historic period (post-1800). Fort Manuel was established at the 
location as a trading post by the Missouri Fur Company in 1812 and 
abandoned in 1813. A journal kept by a Company clerk at Fort Manuel 
states that two Company men, one Native American man, and two Native 
American women died during the winter of 1812-1813, indicating a 
Historic period occupation. None of the individuals recovered from the 
site can be tied to the journal with any certainty. Individual 1 was 
found with wood fragments, possibly either coffin or wood slab 
fragments, which indicates either a Lakota affiliation (post-1868) or 
an Arikara affiliation (1500-1780). Individual 2 was placed on a 
scaffold then later buried, indicating an Arikara affiliation. 
Individual 3 was found on the surface of the site indicating a Historic 
period occupation and affiliated with the Lakota or Arikara. Mortuary 
practices of the Individual 2 as well as historic documentation 
indicate the human remains are most likely affiliated with the Arikara.
    In August of 1979, 24 cultural items were removed from the Bergner 
site (39BR36), Brule County, SD, and are presently located at the South 
Dakota State Archaeological Research Center (SARC), under the 
managerial control of the Omaha District. The Bergner site is a burial 
site on a flat terrace above Lake Francis Case, south of Chamberlain, 
SD, and was discovered in August of 1979 by Mr. Lawrence Bergner. The 
human remains were eroding out of the bank and Mr. Bergner reported it 
to local authorities, who collected the human remains and 24 funerary 
objects. The human remains were then released to Timothy R. Nowak, Corp 
of Engineers field archeologist, who assessed the site but did no 
further excavations. At least 4 sets of human remains were recovered. 
The funerary objects were turned over to SARC in 1981. The human 
remains remained with the Corps of Engineers until some time prior to 
1990, when they were reburied at site 39ST15 on the Missouri River. The 
excavation records show the funerary items as having been removed from 
the burial of a specific individual from site 39BR36. The 24 
unassociated funerary objects are 16 burned clay fragments; 4 ceramic 
rim sherds (Iona Indented and La Roche, Wheeler); 2 bison horn cores; 1 
skunk humerus; and 1 lot of wood fragments.
    The Bergner site (39BR36) is a burial site that was most likely 
occupied between 1550 and 1675, dating to the Extended Variant of the 
Coalescent tradition. The archeological community associates the 
pottery types with the Extended Variant of the Coalescent tradition. 
Populations associated with the Coalescent tradition within this area 
and time frame are believed to be ancestral to the Arikara, therefore 
the unassociated funerary objects are most likely affiliated with the 
Arikara.
    In approximately 1975, 31 cultural items were collected from the 
Oacoma Village site (39LM26), Lyman County, SD, and are presently 
located at the South Dakota State Archaeological Research Center 
(SARC), under the managerial control of the Omaha District. The Oacoma 
Village site is a large village on a low terrace above the Missouri 
River and was excavated around 1975 by an unknown individual. At least 
two sets of human remains were recovered. In 1978, the human remains 
were discovered during an inventory at SARC in 1978. It is unclear how 
the remains came to be at SARC. In the same year, the University of 
Tennessee-Knoxville received the human remains and conducted an 
inventory before returning them to South Dakota in 1986. The human 
remains were then reburied at site 39ST15 on the Missouri River. SARC 
records show the funerary items as having been removed from the burial 
of a specific individual from site 39LM26. The 31 unassociated funerary 
objects are 13 ceramic rim sherds; 10 ceramic body sherds; 1 bison 
mandible; 1 modified bison rib tool; 1 biface knife; 1 biface core; 1 
plate chalcedony knife; 1 utilized chert flake; 1 thinning flake; and 1 
spokeshave.
    The Oacoma Village site (39LM26) is a large village that was most 
likely occupied during several components between 1500 and 1862, all 
variants of the Coalescent tradition. The entire Oacoma Village site 
encompasses a large area that was previously three sites, Oacoma 
Village I (39LM24), Oacoma Village II (39LM26), and Oacoma Village III 
(39LM27). The three sites were later combined and considered Oacoma 
Village (39LM26) when excavated by Marvin F. Kivett, Smithsonian 
Institute River Basin Survey, between 1951 and 1952, and prior to the 
discovery of the burials in 1975. The village was comprised of 40-50 
houses. The Oacoma Village site that was excavated by Kivett included 
ceramic pottery types that are associated with a Post Contact 
Coalescent tradition (1675-1780) occupation. The rim sherds found with 
the burials in 1975 represent pottery types found in three different 
periods, Extended Coalescent tradition, Post Contact Coalescent 
tradition, and the Disorganized Coalescent tradition. These three 
periods are known for primary inhumations, which researchers believe 
was done for the two sets of human remains. Populations associated with 
the Coalescent tradition within this area and time frame are believed 
to be ancestral to the Arikara, therefore the unassociated funerary 
objects are likely affiliated with the Arikara.
    The Arikara are represented today by the Three Affiliated Tribes of 
the Fort Berthold Reservation, North Dakota. Consultation with the 
Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota, 
indicates that these kinds of funerary objects are placed with 
individuals at the time of death.

Determinations Made by the U.S. Army Corps of Engineers, Omaha District

    Officials of the U.S. Army Corps of Engineers, Omaha District, have 
determined that:
     Pursuant to 25 U.S.C. 3001(3)(B), the 57 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

[[Page 44450]]

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 the 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 October 23, 2017. 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, may proceed.
    The U.S. Army Corps of Engineers, Omaha District, is responsible 
for notifying the Three Affiliated Tribes of the Fort Berthold 
Reservation, North Dakota, that this notice has been published.

    Dated: August 2, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-20294 Filed 9-21-17; 8:45 am]
 BILLING CODE 4312-52-P