83 FR 58294 - Notice of Inventory Completion: Marshall University, Huntington, WV

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 223 (November 19, 2018)

Marshall University has completed an inventory of human remains and associated funerary objects, 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 associated funerary objects 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 and associated funerary objects should submit a written request to Marshall University. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58294-58297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25124]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0026885; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Marshall University, Huntington, 
WV

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: Marshall University has completed an inventory of human 
remains and associated funerary objects, 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 associated funerary objects 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 and 
associated funerary objects should submit a written request to Marshall 
University. If no additional requestors come forward, transfer of 
control of the human remains and associated funerary objects to the 
Indian Tribes or Native Hawaiian

[[Page 58295]]

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 and associated funerary 
objects should submit a written request with information in support of 
the request to Marshall University at the address in this notice by 
December 19, 2018.

ADDRESSES: Jendonnae Houdyschell, Associate General Counsel, Marshall 
University, One John Marshall Drive, Huntington, WV 25755-1060, 
telephone (304) 696-6704, 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 and 
associated funerary objects under the control of Marshall University, 
Huntington, WV. The human remains and associated funerary objects were 
removed from the Clover Site (46-CB-40), Cabell County, WV; Snidow Site 
(46-MC-1 and 46-MC-1/3), Mercer County, WV; Parkersburg, Wood County, 
WV; and 44-TZ-6, Tazewell County, VA.
    This notice is published as part of the National Park Service's 
administrative 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 and associated funerary 
objects. The National Park Service is not responsible for the 
determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by Marshall 
University professional staff in consultation with representatives of 
the Absentee-Shawnee Tribe of Indians of Oklahoma; Cheyenne River Sioux 
Tribe of the Cheyenne River Sioux Reservation, South Dakota; Delaware 
Tribe of Indians; Eastern Shawnee Tribe of Oklahoma; Kaw Nation, 
Oklahoma; Onondaga Nation; Saginaw Chippewa Indian Tribe of Michigan; 
Seneca Nation of Indians (previously listed as the Seneca Nation of New 
York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga 
Tribe of Oklahoma); The Osage Nation (previously listed as the Osage 
Tribe); and Tonawanda Band of Seneca (previously listed as the 
Tonawanda Band of Seneca Indians of New York). The Haudenosaunee 
Standing Committee on Burial Rules and Regulations, Acting Chair (and 
Tonawanda Band of Seneca NAGPRA representative) also participated in 
the consultation on behalf of the other member Tribes, which are the 
Cayuga Nation; Onondaga Nation; Saint Regis Mohawk Tribe (previously 
listed as the St. Regis Band of Mohawk Indians of New York); Seneca 
Nation of Indians (previously listed as the Seneca Nation of New York); 
and the Tuscarora Nation.
    An invitation to consult was extended to the Bad River Band of the 
Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, 
Wisconsin; Bay Mills Indian Community, Michigan; Catawba Indian Nation 
(aka Catawba Tribe of South Carolina); Cayuga Nation; Cherokee Nation; 
Chickahominy Indian Tribe; Chickahominy Indian Tribe--Eastern Division; 
Chippewa Cree Indians of the Rocky Boy's Reservation, Montana 
(previously listed as the Chippewa-Cree Indians of the Rocky Boy's 
Reservation, Montana); Delaware Nation, Oklahoma; Delaware Tribe of 
Indians; Eastern Band of Cherokee Indians; 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); Monacan Indian Nation; Nansemond Indian Tribe; Omaha 
Tribe of Nebraska; Oneida Nation (previously listed as the Oneida Tribe 
of Indians of Wisconsin); Oneida Indian Nation (previously listed as 
the Oneida Nation of New York); Pamunkey Indian Tribe; Ponca Tribe of 
Indians of Oklahoma; Ponca Tribe of Nebraska; Rappahannock Tribe, Inc.; 
Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake 
Band of Chippewa Indians, Minnesota; Saint Regis Mohawk Tribe 
(previously listed as the St. Regis Band of Mohawk Indians of New 
York); Sault Ste. Marie Tribe of Chippewa Indians, Michigan; Shawnee 
Tribe; Sokaogon Chippewa Community, Wisconsin; St. Croix Chippewa 
Indians of Wisconsin; Stockbridge Munsee Community, Wisconsin; The 
Quapaw Tribe of Indians; Tunica-Biloxi Indian Tribe; Turtle Mountain 
Band of Chippewa Indians of North Dakota; Tuscarora Nation; United 
Keetoowah Band of Cherokee Indians in Oklahoma; Upper Mattaponi Tribe; 
and the Wyandotte Nation. These Tribes either did not consult or 
engaged in limited communication.
    Hereafter, all tribes listed in this section are referred to as 
``The Consulted and Notified Tribes.''

History and Description of the Remains

    From 1984 through 1986, and again from 1988 through 1989, human 
remains representing, at minimum, six individuals were removed from the 
Clover Site (46-CB-40) in Cabell County, WV. The human remains and 
associated funerary objects were excavated by the Marshall University 
Archaeological Field School and brought to Marshall University for 
curation and research. At the time of the excavation, the land was 
privately owned, it is now owned by the United States. The human 
remains represent one female aged 12-15 years from Feature 2; one 
individual (sex indeterminate) aged 14-18 months from Feature 3; one 
female aged 19-20 years from Feature 4; one male aged 25-26 years from 
Feature 9; one individual (likely female) more than 25 years old from 
Feature 21; and one male aged 17-18 years from Feature 27. No known 
individuals were identified. The 53 associated funerary objects are: 
One antler flaker, two bone beads, one cannel coal claw pendant, nine 
lots ceramic sherds, one shell-tempered ceramic vessel, nine chert 
bifaces, one lump fired clay, one lot C-14 samples, one copper hair 
ornament, one lot ground stone, eight lots mixed materials, five lots 
soil samples, three lots faunal material, two lots shell, one mussel 
shell necklace, one piece worked hematite, two pieces worked shell, one 
sandstone whetstone, two shell beads, and one stone axe.
    In the mid-1970s, and again in 1988 and 1989, human remains 
representing, at minimum, 26 individuals were removed from the Snidow 
Site (46-MC-1) and an adjacent site (46-MC-1/3) in Mercer County, WV. 
In the 1970s, the Sidnow Site was excavated by a member of the West 
Virginia Archaeological Society. The finds were brought to Marshall 
University for study and were later donated to Marshall University. In 
1988 and 1989, the Snidow Site was excavated by the Marshall University 
Archaeological Field School. The human remains were brought to Marshall 
University for curation and research. On an unknown date, Marshall 
University sent the human remains belonging to one individual that were 
removed from Feature 213 at the Snidow Site and the human remains

[[Page 58296]]

belonging to three individuals that were removed from Feature 596 for 
analysis. They were never returned, and have not been located. A single 
bone belonging to one of the individuals removed from Feature 596 has 
been located at Marshall University. The human remains from 46-MC-1 
represent one male, aged 40-45 years from Burial 2A (Feature 596); one 
juvenile of indeterminate sex from Burial 2 (Feature 35); one 
individual of indeterminate sex, aged 6-9 months, from Burial 3A 
(Feature 36); one individual of indeterminate sex, aged 3-6 years, from 
Burial 3B (Feature 36); one individual of indeterminate sex, aged 13-16 
years, from Burial 3C (Feature 36); one newborn of indeterminate sex 
from Burial 4 (Feature 41); one infant of indeterminate sex from Burial 
5 (Feature 38); one infant of indeterminate sex from Burial 6 (Feature 
37); one juvenile of indeterminate sex from Burial 7 (Feature 40); one 
individual of indeterminate sex, aged 4-6 months from Burial 8A 
(Feature 42); one individual of indeterminate sex, aged 3-4 years from 
Burial 8B (Feature 42); one individual of indeterminate sex, aged 4-6 
years from Burial 8C (Feature 42); one individual of indeterminate sex, 
aged 3-4 years from Burial 8D (Feature 42); one juvenile of 
indeterminate sex from Burial 9 (Feature 43); one individual of 
indeterminate sex, aged 5-6 years from Burial 10A (Feature 40); one 
individual of indeterminate sex, aged 18-24 months from Burial 10B 
(Feature 40); one juvenile of indeterminate sex from Burial 11A 
(Feature 45); one adult of indeterminate sex from Burial 11B (Feature 
45); one infant of indeterminate sex from Burial 12 (Feature 48); one 
infant of indeterminate sex from Burial 13 (Feature 49); and one infant 
of indeterminate sex from Burial 14 (Feature 53). The human remains 
from 46-MC-1/3 represent one infant of indeterminate sex from Burial 1 
(Feature 19); one adult of indeterminate sex from Burial 2 (Feature 8); 
one infant of indeterminate sex from Burial 3 (Feature 30); one adult 
(possibly female) from Burial 4 (Feature 28); and one individual of 
indeterminate sex and age from Burial 6 (C2). No known individuals were 
identified. The 54 funerary objects are two lots bone beads, one lot C-
14 samples, five lots ceramics, two lots charcoal, one lot clay, 12 
lots faunal material, three lots flotation samples, four lots lithics, 
eight lots mixed materials, seven lots shell, six lots shell beads, and 
three lots soil samples.
    On an unknown date, human remains representing, at minimum, one 
individual are believed to have been removed from Parkersburg, on the 
Ohio River, in Wood County, WV. In the 1980s, a display case containing 
these human remains and unrelated cultural items was donated to the 
Marshall University by the Huntington Museum of Art. The human remains 
represent one male aged 24-27. No known individuals were identified. No 
associated funerary objects are present.
    Sometime prior to 1996, human remains representing, at minimum, one 
individual were removed from the Hogue Site (44-TZ-6) in Tazewell 
County, VA. The human remains were found in an archeology collection 
that was donated to Marshall University by a vocational archeologist 
accessioned by the University in 1996. The human remains are from 
Burial 32 (Feature 212), and are of indeterminate sex and age. No known 
individuals were identified. No associated funerary objects are 
present.

Determinations Made by the Marshall University

    Officials of Marshall University have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on archeological context 
(Clover and Snidow Sites); the surface wear and coloration of the bone, 
provenience, and the similarity of the human remains to those from the 
Clover site, a Late Prehistoric site (Parkersburg site); and the 
preservation of the bones (Site 44-TZ-6).
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of a minimum of 34 
individuals of Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 107 objects 
described in this notice 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.
     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 associated funerary objects and any present-day 
Indian Tribe.
     Treaties, Acts of Congress, or Executive Orders, indicate 
that the land from which the Native American human remains and 
associated funerary objects were removed is the aboriginal land of the 
Absentee-Shawnee Tribe of Indians of Oklahoma; Cayuga Nation; Cherokee 
Nation; Chickahominy Indian Tribe; Chickahominy Indian Tribe--Eastern 
Division; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Eastern 
Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Monacan 
Indian Nation; Nansemond Indian Tribe; Oneida Nation (previously listed 
as the Oneida Tribe of Indians of Wisconsin); Oneida Indian Nation 
(previously listed as the Oneida Nation of New York); Onondaga Nation; 
Pamunkey Indian Tribe; Rappahannock Tribe, Inc.; Saint Regis Mohawk 
Tribe (previously listed as the St. Regis Band of Mohawk Indians of New 
York); Seneca Nation of Indians (previously listed as the Seneca Nation 
of New York); Seneca-Cayuga Nation (previously listed as the Seneca-
Cayuga Tribe of Oklahoma); Shawnee Tribe; Stockbridge Munsee Community, 
Wisconsin; Tonawanda Band of Seneca (previously listed as the Tonawanda 
Band of Seneca Indians of New York); Tuscarora Nation; United Keetoowah 
Band of Cherokee Indians in Oklahoma; Upper Mattaponi Tribe; and the 
Wyandotte Nation.
     Other authoritative government sources indicate that the 
land from which the Native American human remains and associated 
funerary objects were removed is the aboriginal land of the Bad River 
Band of Lake Superior Tribe of Chippewa Indians of the Bad River 
Reservation, Wisconsin; Bay Mills Indian Community, Michigan; Catawba 
Indian Nation (aka Catawba Tribe of South Carolina); Cheyenne River 
Sioux Tribe of the Cheyenne River Sioux Reservation, South Dakota; 
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; Kaw Nation, Oklahoma; 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); Omaha Tribe of Nebraska; Ponca Tribe of Indians of 
Oklahoma; Ponca Tribe of Nebraska; Red Cliff Band of Lake Superior 
Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, 
Minnesota; Saginaw Chippewa Indian Tribe of Michigan; Saint Regis 
Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians 
of New York); Sault Ste. Marie Tribe of Chippewa Indians, Michigan; 
Sokaogon

[[Page 58297]]

Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; 
The Osage Nation (previously listed as the Osage Nation); The Quapaw 
Tribe of Indians; Tunica-Biloxi Indian Tribe; and the Turtle Mountain 
Band of Chippewa Indians of North Dakota.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains and associated funerary objects may be to The Consulted 
and Notified 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 and associated funerary objects should submit a 
written request with information in support of the request to Jendonnae 
Houdyschell, Associate General Counsel, Marshall University, One John 
Marshall Drive, Huntington, WV 25755-1060, telephone (304) 696-6704, 
email [email protected], by December 19, 2018. After that date, 
if no additional requestors have come forward, transfer of control of 
the human remains and associated funerary objects to The Consulted and 
Notified Tribes may proceed.
    Marshall University is responsible for notifying The Consulted and 
Notified Tribes that this notice has been published.

    Dated: October 25, 2018.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2018-25124 Filed 11-16-18; 8:45 am]
BILLING CODE 4312-52-P