[Federal Register: October 1, 1998 (Volume 63, Number 190)]
[Notices]
[Page 52745-52747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc98-90]

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Inventory Completion for Native American Human Remains
and Associated Funerary Objects from Marshall County, OK in the Control
of the United States Army Corps of Engineers, Tulsa District, Tulsa, OK

AGENCY: National Park Service

ACTION: Notice

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    Notice is hereby given in accordance with provisions of the Native
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9,
of the completion of an inventory of human remains and associated
funerary objects from Marshall County, OK in the control of the United
States Army Corps of Engineers, Tulsa District, Tulsa, OK.
    A detailed assessment of the human remains was made by U.S. Army
Corps of Engineers professional staff in consultation with
representatives of the Wichita and Affiliated Tribes.
    In 1954, human remains representing one individual was excavated at
site 34MA1, Lake Texoma, Marshall County, OK during legally-authorized
salvage excavations by University of Oklahoma personnel. No known
individual was identified. The two associated funerary objects
documented with the burial are a stone flake and a shell hoe. During
the inventory process, the stone flake could not be located within the
collections of the University of Oklahoma.
    Based on the cultural material at site 34MA1 in addition to the
associated funerary objects, this individual has been determined to be
Native American. This cultural material also dates the site to the late
prehistoric period, 800-1600 A.D. Based on ceramic types; stone tools,
site organization; associated funerary objects; 16th, 17th, and 18th
century historic accounts of the aboriginal occupants of the general
area; and oral history presented during consultation with
representatives of the Wichita and Affiliated Tribes; the Army Corps of
Engineers has determined that the human remains and associated funerary
objects from site 34MA1 are culturally affiliated with the Wichita and
Affiliated Tribes.
    In 1954, human remains representing a minimum of six individuals
were excavated at site 34MA2, Lake Texoma, Marshall County, OK by
University of Oklahoma personnel during legally-authorized salvage
excavations conducted by University of Oklahoma personnel. No known
individuals were identified. Since 1986, five of these individuals have
been in the possession of Dr. Douglas Owsley of the Smithsonian
Institution, according to University records. The U.S. Army Corps,
Tulsa District, has possession of the sixth individual and other
cultural material from site 34MA2. The seven associated funerary
objects recorded during the excavations include one stone core, one
stone scraper, two stone projectile points, one stone knife, and two
bone awls. These objects were not located at the University of Oklahoma
during the inventory process.
    Based on the cultural material at site 34MA2 in addition to the
associated funerary objects, these individuals have been determined to
be Native American. This cultural material also dates the site to the
late prehistoric period, 800-1600 A.D. Based on ceramic types; stone
tools, site organization; associated funerary objects; 16th, 17th, and
18th century historic accounts of the

[[Page 52746]]

aboriginal occupants of the general area; and oral history presented
during consultation with representatives of the Wichita and Affiliated
Tribes; the Army Corps of Engineers has determined that the human
remains and associated funerary objects from site 34MA2 are culturally
affiliated with the Wichita and Affiliated Tribes.
    In 1954 or 1973, human remains representing a minimum of two
individuals were removed from site 34MA10 by University of Oklahoma
personnel (if 1954), or by University of Texas personnel (if 1973). No
known individuals were identified. The 41 associated funerary objects
include 39 stone flakes, one unmodified stone, and one projectile
point.
    Based on the cultural material at site 34MA10 in addition to the
associated funerary objects, these individuals have been determined to
be Native American. This cultural material also dates the site to the
late prehistoric period, 800-1600 A.D. Based on ceramic types; stone
tools, site organization; associated funerary objects; 16th, 17th, and
18th century historic accounts of the aboriginal occupants of the
general area; and oral history presented during consultation with
representatives of the Wichita and Affiliated Tribes; the Army Corps of
Engineers has determined that the human remains and associated funerary
objects from site 34MA10 are culturally affiliated with the Wichita and
Affiliated Tribes.
    Between 1954 and November 16, 1990, human remains representing a
minimum of six individuals were excavated from site 34MA15 by
University of Oklahoma and Wichita State University personnel during
legally authorized excavations. No known individuals were identified.
No associated funerary objects are present.
    Based on cultural material recovered at site 34MA15, these
individuals have been identified as Native American. Based on the
radiocarbon dates and very time-specific cultural material, site 34MA15
has been identified as a large village occupied between 1250-1650 A. D.
Based on ceramic types; stone tools, site organization; associated
funerary objects; 16th, 17th, and 18th century historic accounts of the
aboriginal occupants of the general area; and oral history presented
during consultation with representatives of the Wichita and Affiliated
Tribes; the Army Corps of Engineers has determined that the human
remains from site 34MA15 are culturally affiliated with the Wichita and
Affiliated Tribes.
    In 1955, human remains representing one individual were removed
from site 34MA24 during legally-authorized excavations by University of
Oklahoma personnel. No known individual was identified. The two
associated funerary objects are a ceramic sherd and one pipestem.
    Based on the associated funerary objects, this burial is estimated
to date between 500-1500 A.D. Based on ceramic types; stone tools, site
organization; associated funerary objects; 16th, 17th, and 18th century
historic accounts of the aboriginal occupants of the general area; and
oral history presented during consultation with representatives of the
Wichita and Affiliated Tribes; the Army Corps of Engineers has
determined that the human remains and associated funerary objects from
site 34MA24 are culturally affiliated with the Wichita and Affiliated
Tribes.
    In 1971, human remains representing a minimum of three individuals
were excavated from site 34MA14, Lake Texoma, Marshall County, OK
without a permit by unknown person(s) who turned the remains over to
the University of Oklahoma. No known individuals were identified. The
five associated funerary objects include four stone flakes and one
piece of non-human bone.
    Based on the cultural material and associated funerary objects at
site 34MA14, these burials are estimated to date to between ca. 300-
1300 A.D. Based on ceramic types; stone tools, site organization;
associated funerary objects; 16th, 17th, and 18th century historic
accounts of the aboriginal occupants of the general area; and oral
history presented during consultation with representatives of the
Wichita and Affiliated Tribes; the Army Corps of Engineers has
determined that the human remains and associated funerary objects from
site 34MA14 are culturally affiliated with the Wichita and Affiliated
Tribes.
    In 1978 and 1979, human remains representing a minimum of four
individuals were excavated from site 34KA172, Kaw Lake, Kay County, OK
by University of Oklahoma personnel. No known individuals were
identified. The 975 funerary objects include stone knife blades, stone
scrapers, clay daub, stone flakes, soil, milling stones, abraders, one
pendant, ceramic sherds including one reconstructed vessel, and
projectile points; and are currently in the possession of the
University of Oklahoma.
    Based on cultural material, radiocarbon dates, and archeomagnetic
dates, these burials are estimated to date to between 1300-1400 A.D.
Based on ceramic types; stone tools, site organization; associated
funerary objects; 16th, 17th, and 18th century historic accounts of the
aboriginal occupants of the general area; and oral history presented
during consultation with representatives of the Wichita and Affiliated
Tribes; the Army Corps of Engineers has determined that the human
remains and associated funerary objects from site 34KA172 are
culturally affiliated with the Wichita and Affiliated Tribes.
    In 1976, human remains representing two individuals were excavated
from site 34OS135 near present-day Birch Lake, Osage County, OK by
University of Tulsa personnel during legally authorized excavations. No
known individuals were identified. The 439 associated funerary objects
include stone flakes, scrapers, bifaces, simple flake tools, and 21
projectile points.
    Based on cultural material and radiocarbon dates, these burials are
estimated to date to between 1000-1500 A.D. Based on ceramic types;
stone tools, site organization; associated funerary objects; 16th,
17th, and 18th century historic accounts of the aboriginal occupants of
the general area; and oral history presented during consultation with
representatives of the Wichita and Affiliated Tribes; the Army Corps of
Engineers has determined that the human remains and associated funerary
objects from site 34OS135 are culturally affiliated with the Wichita
and Affiliated Tribes.
    In 1959, human remains representing five individuals were excavated
from site 34NW2 at Oolagah Lake, Nowata County, OK during legally
authorized excavations by the University of Oklahoma. No known
individuals were identified. The 605 associated funerary objects
include a milling stone, a hammer stone, a cord-marked ceramic sherd,
burnt berries and nut fragments, clay daub, animal bone, bone awls,
beaver incisors, red and yellow (hematite/ocher) painted stones, stone
flakes, stone tools, and a sandstone abrader. An additional nine
recorded associated funerary objects, consisting of two bone awls, one
stone flake, one worked stone flake tool, two stone knives, one bone
tool, one turtle shell, and a painted stone, have not been located
within the collections of the University of Oklahoma.
    Based on the cultural material at site 34NW2, these burials are
estimated to date the Late Archaic period, approximately between 500
B.C. to 500 A.D. Based on mussel shell; stone tools, site organization;
16th, 17th, and 18th century historic accounts of the aboriginal
occupants of the general area; and oral history presented during
consultation with representatives of the

[[Page 52747]]

Wichita and Affiliated Tribes; the Army Corps of Engineers has
determined that the human remains and associated funerary objects from
site 34NW2 are culturally affiliated with the Wichita and Affiliated
Tribes.
    In 1969, human remains representing a minimum of two individuals
were excavated from site 34PW54 located at Keystone Lake, Pawnee
County, OK during legally authorized excavations by the University of
Oklahoma. No known individuals were identified. The approximately nine
associated funerary objects include a projectile point, stone flakes, a
ceramic sherd, tabular sandstone, and animal bones.
    Based on the associated funerary objects, these burials have been
determined to be Native American and are estimated to date between
1200-1500 A.D. Based on ceramics; stone tools, site organization and
dating; associated funerary objects; 16th, 17th, and 18th century
historic accounts of the aboriginal occupants of the general area; and
oral history presented during consultation with representatives of the
Wichita and Affiliated Tribes; the Army Corps of Engineers has
determined that the human remains and associated funerary objects from
site 34PW54 are culturally affiliated with the Wichita and Affiliated
Tribes.
    Around 1985, human remains representing one individual were
recovered from the surface of site 34PW86 located at Keystone Lake,
Pawnee County, OK, probably by Tulsa District Corps personnel. No known
individuals were identified. No associated funerary objects are
present.
    Based on a projectile point from site 34PW86, these human remains
are estimated to date between 500-1500 A.D. Based on the projectile
point; scrapers, ceramics, site organization; associated funerary
objects; 16th, 17th, and 18th century historic accounts of the
aboriginal occupants of the general area; and oral history presented
during consultation with representatives of the Wichita and Affiliated
Tribes; the Army Corps of Engineers has determined that the human
remains from site 34PW186 are culturally affiliated with the Wichita
and Affiliated Tribes.
    Around 1988, human remains representing a minimum of four
individuals were recovered from site 34PW186, Keystone Lake, Pawnee
County, OK probably by Tulsa District Corps personnel. No known
individuals were identified. No associated funerary objects are
present.
    Known archeological sites at Pawnee Cove are identified as Late
Archaic through Plains Village habitation sites based on cultural
material and occupation evidence dating from 100-1600 A.D. Based on
projectile point, scrapers, ceramics; other stone tools, site
organization; 16th, 17th, and 18th century historic accounts of the
aboriginal occupants of the general area; and oral history presented
during consultation with representatives of the Wichita and Affiliated
Tribes; the Army Corps of Engineers has determined that the human
remains originating at Pawnee Cove, Keystone Lake, Pawnee County, OK
are culturally affiliated with the Wichita and Affiliated Tribes.
    Based on the above mentioned information, officials of the U.S.
Army Corps of Engineers have determined that, pursuant to 43 CFR 10.2
(d)(1), the human remains listed above represent the physical remains
of at least 37 individuals of Native American ancestry. Officials of
the U.S. Army Corps of Engineers have also determined that, pursuant to
43 CFR 10.2 (d)(2), the 1,472 objects listed 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.
Lastly, officials of the U.S. Army Corps of Engineers have determined
that, pursuant to 43 CFR 10.2 (e), there is a relationship of shared
group identity which can be reasonably traced between these Native
American human remains and associated funerary objects and the Wichita
and Affiliated Tribes of Oklahoma.
    This notice has been sent to officials of the Caddo Indian Tribe of
Oklahoma, the Pawnee Tribe of Oklahoma, the Kaw Nation, the Kiowa
Nation of Oklahoma, the Comanche Tribe of Oklahoma, the Osage Nation of
Oklahoma, and the Fort Sill Apache Tribe of Oklahoma. Representatives
of any other Indian tribe that believes itself to be culturally
affiliated with these human remains and associated funerary objects
should contact Mr. Robert W. Jobson, NAGPRA Coordinator, Planning
Division, U.S. Army Corps of Engineers, Tulsa District, P.O. Box 61,
Tulsa, OK 74121-0061, telephone (918) 669-7193, before November 1,
1998. Repatriation of the human remains and associated funerary objects
to the Wichita and Affiliated Tribes of Oklahoma may begin after that
date if no additional claimants come forward.
Dated: September 28, 1998.
Francis P. McManamon,
Departmental Consulting Archeologist,
Manager, Archeology and Ethnography Program.
[FR Doc. 98-26335 Filed 9-30-98; 8:45 am]
BILLING CODE 4310-70-F

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