83 FR 17431 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 76 (April 19, 2018)

Page Range		17431-17432
FR Document		2018-08174

The Wisconsin Historical Society has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

Federal Register, Volume 83 Issue 76 (Thursday, April 19, 2018)

[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17431-17432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08174]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0025286; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Wisconsin Historical Society, 
Madison, WI

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Wisconsin Historical Society has completed an inventory of 
human remains, in consultation with the appropriate Indian Tribes or 
Native Hawaiian organizations, and has determined that there is no 
cultural affiliation between the human remains and any present-day 
Indian Tribes or Native Hawaiian organizations. Representatives of any 
Indian Tribe or Native Hawaiian organization not identified in this 
notice that wish to request transfer of control of these human remains 
should submit a written request to the Wisconsin Historical Society. If 
no additional requestors come forward, transfer of control of the human 
remains to the Indian Tribes or Native Hawaiian organizations stated in 
this notice may proceed.

DATES: Representatives of any Indian Tribe or Native Hawaiian 
organization not identified in this notice that wish to request 
transfer of control of these human remains should submit a written 
request with information in support of the request to the Wisconsin 
Historical Society at the address in this notice by May 21, 2018.

ADDRESSES: Jennifer Kolb, Wisconsin Historical Society, 816 State 
Street, Madison, WI 53706, telephone (608) 264-6434, email 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the 
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3003, of the completion of an inventory of human remains under 
the control of the Wisconsin Historical Society, Madison, WI. The human 
remains were removed from the Pleasant Plain Group site, Barron County, 
and the Mertig Site, Sawyer County, WI.
    This notice is published as part of the National Park Service's 
administrative

[[Page 17432]]

responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 
10.11(d). The determinations in this notice are the sole responsibility 
of the museum, institution, or Federal agency that has control of the 
Native American human remains. The National Park Service is not 
responsible for the determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by the 
Wisconsin Historical Society professional staff in consultation with 
representatives of the Forest County Potawatomi Community, Wisconsin; 
Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior 
Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; 
Menominee Indian Tribe of Wisconsin; and Upper Sioux Community, 
Minnesota.

History and Description of the Remains

    In 1947, human remains representing, at minimum, two individuals 
were removed from the Pleasant Plain Group (47-BN-0025) in Barron 
County, WI. The site consists of 27 mounds, including 15 conical 
mounds, 12 oval or linear mounds, and one ``catfish'' or ``tadpole'' 
mound. The human remains representing one adult male and one possible 
adult male were found in a single sub-floor burial pit in the center of 
Mound 2 by Robert R. Jones and students of the University of Wisconsin 
Extension Center. It is not clear what type of mound Mound 2 was. No 
known individuals were identified. No associated funerary objects are 
present.
    At an unknown date, human remains representing, at minimum, two 
individuals were removed from the Mertig Site (47-SY-0042) in Sawyer 
County, WI. Landowner Fred Mertig found partially cremated human 
remains while leveling the mounds. He also recovered two copper beads, 
one of which enclosed a piece of buckskin. In 1956, Mertig sent the 
human remains and copper beads to the Wisconsin Historical Society for 
analysis. The recovery location of the copper beads is unknown and 
there is a lack of information to indicate they were associated 
funerary objects. Skeletal analysis determined the human remains 
represent one adult and one child, both of indeterminate sex. No known 
individuals were identified. No associated funerary objects are 
present.

Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on Wisconsin Historical 
Society records, burial location, oral histories, and skeletal 
analysis.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of four individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains and any present-day Indian Tribe.
     Treaties, Acts of Congress, or Executive Orders, indicate 
that the land from which the Native American human remains were removed 
is the aboriginal land of the Bad River Band of the Lake Superior Tribe 
of Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills 
Indian Community, Michigan; Chippewa-Cree Indians of the Rocky Boy's 
Reservation, Montana (previously listed as the Chippewa-Cree Indians of 
the Rocky Boy's Reservation, Montana); Grand Traverse Band of Ottawa 
and Chippewa Indians, Michigan; Keweenaw Bay Indian Community, 
Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of 
Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of 
the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of 
Lake Superior Chippewa Indians of Michigan; Minnesota Chippewa Tribe, 
Minnesota (Six component reservations: Bois Forte Band (Nett Lake); 
Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; 
White Earth Band); Red Cliff Band of Lake Superior Chippewa Indians of 
Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saginaw 
Chippewa Indian Tribe of Michigan; Sault Ste. Marie Tribe of Chippewa 
Indians, Michigan; Sokaogon Chippewa Community, Wisconsin; St. Croix 
Chippewa Indians of Wisconsin; and the Turtle Mountain Band of Chippewa 
Indians of North Dakota (hereafter referred to as ``The Aboriginal Land 
Tribes'').
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains may be to The Aboriginal Land Tribes.

Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization 
not identified in this notice that wish to request transfer of control 
of these human remains should submit a written request with information 
in support of the request to Jennifer Kolb, Wisconsin Historical 
Society, 816 State Street, Madison, WI 53706, telephone (608) 264-6434, 
email [email protected], by May 21, 2018. After that 
date, if no additional requestors have come forward, transfer of 
control of the human remains to The Aboriginal Land Tribes may proceed.
    The Wisconsin Historical Society is responsible for notifying The 
Aboriginal Land Tribes, Forest County Potawatomi Community, Wisconsin; 
Ho-Chunk Nation of Wisconsin; Menominee Indian Tribe of Wisconsin; and 
Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: March 22, 2018.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2018-08174 Filed 4-18-18; 8:45 am]
 BILLING CODE 4312-52-P

Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices 17431

in promoting economic development, Assessment of State and local taxes Dated: January 23, 2018.
self-determination, and Tribal would obstruct these express Federal John Tahsuda,
sovereignty. 77 FR 72440, 72447–48 policies supporting Tribal economic Principal Deputy Assistant Secretary—Indian
(December 5, 2012). The principles development and self-determination, Affairs Exercising the Authority of the
supporting the Federal preemption of and also threaten substantial Tribal Assistant Secretary—Indian Affairs.
State law in the field of Indian leasing interests in effective Tribal government, [FR Doc. 2018–08218 Filed 4–18–18; 8:45 am]
and the taxation of lease-related economic self-sufficiency, and territorial BILLING CODE 4337–15–P
interests and activities applies with autonomy. See Michigan v. Bay Mills
equal force to leases entered into under Indian Community, 134 S. Ct. 2024,
Tribal leasing regulations approved by DEPARTMENT OF THE INTERIOR
2043 (2014) (Sotomayor, J., concurring)
the Federal government pursuant to the
(determining that ‘‘[a] key goal of the National Park Service
HEARTH Act.
Section 5 of the Indian Reorganization Federal Government is to render Tribes
[NPS–WASO–NAGPRA–NPS0025286;
Act, 25 U.S.C. 5108, preempts State and more self-sufficient, and better PPWOCRADN0–PCU00RP14.R50000]
local taxation of permanent positioned to fund their own sovereign
improvements on trust land. functions, rather than relying on Federal Notice of Inventory Completion:
Confederated Tribes of the Chehalis funding’’). The additional costs of State Wisconsin Historical Society,
Reservation v. Thurston County, 724 and local taxation have a chilling effect Madison, WI
F.3d 1153, 1157 (9th Cir. 2013) (citing on potential lessees, as well as on a
AGENCY: National Park Service, Interior.
Mescalero Apache Tribe v. Jones, 411 Tribe that, as a result, might refrain from
U.S. 145 (1973)). Similarly, section 465 exercising its own sovereign right to ACTION: Notice.
preempts State taxation of rent impose a Tribal tax to support its SUMMARY: The Wisconsin Historical
payments by a lessee for leased trust infrastructure needs. See id. at 2043–44 Society has completed an inventory of
lands, because ‘‘tax on the payment of (finding that State and local taxes human remains, in consultation with
rent is indistinguishable from an greatly discourage Tribes from raising the appropriate Indian Tribes or Native
impermissible tax on the land.’’ See tax revenue from the same sources Hawaiian organizations, and has
Seminole Tribe of Florida v. Stranburg, because the imposition of double determined that there is no cultural
No. 14–14524, *13–*17, n.8 (11th Cir. taxation would impede Tribal economic affiliation between the human remains
2015). In addition, as explained in the growth). and any present-day Indian Tribes or
preamble to the revised leasing Native Hawaiian organizations.
regulations at 25 CFR part 162, Federal Similar to BIA’s surface leasing
Representatives of any Indian Tribe or
courts have applied a balancing test to regulations, Tribal regulations under the Native Hawaiian organization not
determine whether State and local HEARTH Act pervasively cover all identified in this notice that wish to
taxation of non-Indians on the aspects of leasing. See 25 U.S.C. request transfer of control of these
reservation is preempted. White 415(h)(3)(B)(i) (requiring Tribal human remains should submit a written
Mountain Apache Tribe v. Bracker, 448 regulations be consistent with BIA request to the Wisconsin Historical
U.S. 136, 143 (1980). The Bracker surface leasing regulations). Society. If no additional requestors
balancing test, which is conducted Furthermore, the Federal government come forward, transfer of control of the
against a backdrop of ‘‘traditional remains involved in the Tribal land human remains to the Indian Tribes or
notions of Indian self-government,’’ leasing process by approving the Tribal Native Hawaiian organizations stated in
requires a particularized examination of leasing regulations in the first instance this notice may proceed.
the relevant State, Federal, and Tribal and providing technical assistance, DATES: Representatives of any Indian
interests. We hereby adopt the Bracker upon request by a Tribe, for the Tribe or Native Hawaiian organization
analysis from the preamble to the development of an environmental not identified in this notice that wish to
surface leasing regulations, 77 FR at request transfer of control of these
review process. The Secretary also
72,447–48, as supplemented by the human remains should submit a written
retains authority to take any necessary
analysis below. request with information in support of
The strong Federal and Tribal actions to remedy violations of a lease
or of the Tribal regulations, including the request to the Wisconsin Historical
interests against State and local taxation
terminating the lease or rescinding Society at the address in this notice by
of improvements, leaseholds, and
approval of the Tribal regulations and May 21, 2018.
activities on land leased under the
reassuming lease approval ADDRESSES: Jennifer Kolb, Wisconsin
Department’s leasing regulations apply
equally to improvements, leaseholds, responsibilities. Moreover, the Secretary Historical Society, 816 State Street,
and activities on land leased pursuant to continues to review, approve, and Madison, WI 53706, telephone (608)
Tribal leasing regulations approved monitor individual Indian land leases 264–6434, email Jennifer.Kolb@
under the HEARTH Act. Congress’s and other types of leases not covered wisconsinhistory.org.
overarching intent was to ‘‘allow tribes under the Tribal regulations according SUPPLEMENTARY INFORMATION: Notice is
to exercise greater control over their to the Part 162 regulations. here given in accordance with the
own land, support self-determination, Native American Graves Protection and
Accordingly, the Federal and Tribal
and eliminate bureaucratic delays that Repatriation Act (NAGPRA), 25 U.S.C.
stand in the way of homeownership and interests weigh heavily in favor of
3003, of the completion of an inventory
economic development in tribal preemption of State and local taxes on of human remains under the control of
daltland on DSKBBV9HB2PROD with NOTICES

communities.’’ 158 Cong. Rec. H. 2682 lease-related activities and interests, the Wisconsin Historical Society,
(May 15, 2012). The HEARTH Act was regardless of whether the lease is Madison, WI. The human remains were
intended to afford Tribes ‘‘flexibility to governed by Tribal leasing regulations removed from the Pleasant Plain Group
adapt lease terms to suit [their] business or Part 162. Improvements, activities, site, Barron County, and the Mertig Site,
and cultural needs’’ and to ‘‘enable and leasehold or possessory interests Sawyer County, WI.
[Tribes] to approve leases quickly and may be subject to taxation by the Oneida This notice is published as part of the
efficiently.’’ Id. at 5–6. Nation of Wisconsin. National Park Service’s administrative

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17432 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices

responsibilities under NAGPRA, 25 • Pursuant to 25 U.S.C. 3001(9), the Madison, WI 53706, telephone (608)
U.S.C. 3003(d)(3) and 43 CFR 10.11(d). human remains described in this notice 264–6434, email Jennifer.Kolb@
The determinations in this notice are are Native American based on wisconsinhistory.org, by May 21, 2018.
the sole responsibility of the museum, Wisconsin Historical Society records, After that date, if no additional
institution, or Federal agency that has burial location, oral histories, and requestors have come forward, transfer
control of the Native American human skeletal analysis. of control of the human remains to The
remains. The National Park Service is • Pursuant to 25 U.S.C. 3001(9), the Aboriginal Land Tribes may proceed.
not responsible for the determinations human remains described in this notice The Wisconsin Historical Society is
in this notice. represent the physical remains of four responsible for notifying The Aboriginal
individuals of Native American Land Tribes, Forest County Potawatomi
Consultation ancestry. Community, Wisconsin; Ho-Chunk
A detailed assessment of the human • Pursuant to 25 U.S.C. 3001(2), a Nation of Wisconsin; Menominee Indian
remains was made by the Wisconsin relationship of shared group identity Tribe of Wisconsin; and Upper Sioux
Historical Society professional staff in cannot be reasonably traced between the Community, Minnesota, that this notice
consultation with representatives of the Native American human remains and has been published.
Forest County Potawatomi Community, any present-day Indian Tribe.
• Treaties, Acts of Congress, or Dated: March 22, 2018.
Wisconsin; Ho-Chunk Nation of Melanie O’Brien,
Wisconsin; Lac du Flambeau Band of Executive Orders, indicate that the land
from which the Native American human Manager, National NAGPRA Program.
Lake Superior Chippewa Indians of the
Lac du Flambeau Reservation of remains were removed is the aboriginal [FR Doc. 2018–08174 Filed 4–18–18; 8:45 am]

Wisconsin; Menominee Indian Tribe of land of the Bad River Band of the Lake BILLING CODE 4312–52–P
Superior Tribe of Chippewa Indians of
Wisconsin; and Upper Sioux
the Bad River Reservation, Wisconsin;
Community, Minnesota.
Bay Mills Indian Community, Michigan; DEPARTMENT OF THE INTERIOR
History and Description of the Remains Chippewa-Cree Indians of the Rocky
Boy’s Reservation, Montana (previously National Park Service
In 1947, human remains representing,
listed as the Chippewa-Cree Indians of [NPS–WASO–NAGPRA–NPS0025293;
at minimum, two individuals were
the Rocky Boy’s Reservation, Montana); PPWOCRADN0–PCU00RP14.R50000]
removed from the Pleasant Plain Group Grand Traverse Band of Ottawa and
(47–BN–0025) in Barron County, WI. Chippewa Indians, Michigan; Notice of Inventory Completion:
The site consists of 27 mounds, Keweenaw Bay Indian Community, Wisconsin Historical Society,
including 15 conical mounds, 12 oval or Michigan; Lac Courte Oreilles Band of Madison, WI
linear mounds, and one ‘‘catfish’’ or Lake Superior Chippewa Indians of
‘‘tadpole’’ mound. The human remains Wisconsin; Lac du Flambeau Band of AGENCY: National Park Service, Interior.
representing one adult male and one Lake Superior Chippewa Indians of the ACTION: Notice.
possible adult male were found in a Lac du Flambeau Reservation of
single sub-floor burial pit in the center SUMMARY: The Wisconsin Historical
Wisconsin; Lac Vieux Desert Band of
of Mound 2 by Robert R. Jones and Society has completed an inventory of
Lake Superior Chippewa Indians of
students of the University of Wisconsin human remains and associated funerary
Michigan; Minnesota Chippewa Tribe,
Extension Center. It is not clear what objects, in consultation with the
Minnesota (Six component reservations:
type of mound Mound 2 was. No known appropriate Indian Tribes or Native
Bois Forte Band (Nett Lake); Fond du
individuals were identified. No Hawaiian organizations, and has
Lac Band; Grand Portage Band; Leech
associated funerary objects are present. determined that there is no cultural
Lake Band; Mille Lacs Band; White
At an unknown date, human remains affiliation between the human remains
Earth Band); Red Cliff Band of Lake
representing, at minimum, two and associated funerary objects and any
Superior Chippewa Indians of
individuals were removed from the present-day Indian Tribes or Native
Wisconsin; Red Lake Band of Chippewa
Mertig Site (47–SY–0042) in Sawyer Hawaiian organizations. Representatives
Indians, Minnesota; Saginaw Chippewa
County, WI. Landowner Fred Mertig of any Indian Tribe or Native Hawaiian
Indian Tribe of Michigan; Sault Ste.
found partially cremated human organization not identified in this notice
Marie Tribe of Chippewa Indians,
remains while leveling the mounds. He that wish to request transfer of control
Michigan; Sokaogon Chippewa
also recovered two copper beads, one of of these human remains and associated
Community, Wisconsin; St. Croix
which enclosed a piece of buckskin. In funerary objects should submit a written
Chippewa Indians of Wisconsin; and the
1956, Mertig sent the human remains request to the Wisconsin Historical
Turtle Mountain Band of Chippewa
and copper beads to the Wisconsin Society. If no additional requestors
Indians of North Dakota (hereafter
Historical Society for analysis. The come forward, transfer of control of the
referred to as ‘‘The Aboriginal Land
recovery location of the copper beads is human remains and associated funerary
Tribes’’).
unknown and there is a lack of • Pursuant to 43 CFR 10.11(c)(1), the objects to the Indian Tribes or Native
information to indicate they were disposition of the human remains may Hawaiian organizations stated in this
associated funerary objects. Skeletal be to The Aboriginal Land Tribes. notice may proceed.
analysis determined the human remains DATES: Representatives of any Indian
represent one adult and one child, both Additional Requestors and Disposition Tribe or Native Hawaiian organization
of indeterminate sex. No known Representatives of any Indian Tribe or not identified in this notice that wish to
daltland on DSKBBV9HB2PROD with NOTICES

individuals were identified. No Native Hawaiian organization not request transfer of control of these
associated funerary objects are present. identified in this notice that wish to human remains and associated funerary
request transfer of control of these objects should submit a written request
Determinations Made by the Wisconsin
human remains should submit a written with information in support of the
Historical Society
request with information in support of request to the Wisconsin Historical
Officials of the Wisconsin Historical the request to Jennifer Kolb, Wisconsin Society at the address in this notice by
Society have determined that: Historical Society, 816 State Street, May 21, 2018.

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Document Created: 2018-04-19 00:41:16
Document Modified: 2018-04-19 00:41:16

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		Notice.
Dates		Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Wisconsin
FR Citation		83 FR 17431

83 FR 17431 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI

DEPARTMENT OF THE INTERIORNational Park Service

Federal Register Volume 83, Issue 76 (April 19, 2018)

DEPARTMENT OF THE INTERIOR
National Park Service