[Federal Register: May 23, 2000 (Volume 65, Number 100)]
[Notices]
[Page 33350-33351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my00-94]

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Inventory Completion for Native American Human Remains
and Associated Funerary Objects in the Possession of Agate Fossil Beds
National Monument, National Park Service, Harrison, NE and Scotts Bluff
National Monument, National Park Service, Gering, NE

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 in the possession of Agate Fossil Beds National
Monument, Harrison, Nebraska, and Scotts Bluff National Monument,
Gering, Nebraska.
    A detailed assessment of the human remains and associated funerary
objects was made by National Park Service professional staff in
consultation with representatives of the Arapahoe Tribe of the Wind
River Reservation, Wyoming; Assiniboine and Sioux Tribes of the Fort
Peck Indian Reservation, Montana; Cheyenne River Sioux Tribe of the
Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe of the
Crow Creek Reservation, South Dakota; Crow Tribe of Montana; Lower
Brule Sioux Tribe of the Lower Brule Reservation, South Dakota;
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation,
Montana; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska;
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota;
Santee Sioux Tribe of the Santee Reservation of Nebraska; Shoshone
Tribe of the Wind River Reservation, Wyoming; Shoshone-Paiute Tribes of
the Duck Valley Reservation, Nevada; and the Three Affiliated Tribes of
the Fort Berthold Reservation, North Dakota. Several other tribes,
including the Apache Tribe of Oklahoma; Blackfeet Tribe of the
Blackfeet Indian Reservation of Montana; Cheyenne-Arapaho Tribes of
Oklahoma; Comanche Indian Tribe, Oklahoma; Fort Sill Apache Tribe of
Oklahoma; Jicarilla Apache Tribe of the Jicarilla Apache Indian
Reservation, New Mexico; Kiowa Indian Tribe of Oklahoma; Mescalero
Apache Tribe of the Mescalero Reservation, New Mexico; Northwestern
Band of Shoshoni Nation of Utah (Washakie); Oglala Sioux Tribe of the
Pine Ridge Reservation, South Dakota; Omaha Tribe of Nebraska; Pawnee
Indian Tribe of Oklahoma; Shoshone-Bannock Tribes of the Fort Hall
Reservation of Idaho; Spirit Lake Tribe, North Dakota; Standing Rock
Sioux Tribe of North & South Dakota; and the Yankton Sioux Tribe of
South Dakota were also invited to consult, but did not participate to
the extent of the other Indian tribes.
    In 1968, human remains representing eight individuals were donated
to Agate Fossil Beds National Monument by Margaret Cook. No known
individuals were identified. The 11 associated funerary objects consist
of one soil burial matrix containing numerous glass beads, six shell
buttons and button fragments, one brass bell, one collection of cloth
and leather fragments, one collection of plant seeds, and one deer
bone.
    Collection records indicate that all eight sets of human remains
were recovered from the Nebraska panhandle region. One individual is
documented as coming from a highway gravel borrow pit north of
Mitchell, Nebraska, in 1955. The exact provenience of the other seven
individuals is not known. It is assumed that all eight individuals were
excavated by or given to Margaret's husband Harold Cook, a
paleontologist, geologist, and archeologist who operated a museum in
the Cook home. The remains of two individuals are known to have been
given to Cook around 1921 by a local physician from Harrison, Nebraska.
    Between 1935 and 1945, human remains representing four individuals
were donated to Scotts Bluff National Monument by Edgar McKinley, F.J.
Strasbaugh, A.C.G. Kaempher, and R.E. Sweet. Scotts Bluff National
Monument possesses an additional set of human remains representing
seven individuals. No known individuals were identified. The five
associated funerary objects consist of two bone awl tips, one jasper
rock flake, and two animal bones.
    Collection records indicate that all eleven sets of human remains,
now held at Scotts Bluff National Monument, were recovered from the
Nebraska panhandle region. The four donated sets of human remains came
from generally known localities: the McKinley farm, a gravel pit along
the North Platte River near Gering Nebraska, the Greenwood Ranch, and
Luckenbill Place near Bridgeport, Nebraska. The exact provenience of
the other seven individuals and precise date of acquisition is not
known.
    Through the application of physical anthropological examinations,
conducted by Peer Moore-Jansen of Wichita State University in March
1995, and the presence of diagnostic associated funerary objects, 18 of
the individuals describe above were identified as Native American. The
physical anthropological examinations also determined that one of the
individuals described above is likely Native American. Oral history
evidence, presented by representatives of the consulting tribes listed
above, identified a cultural affiliation to all of the above described
human remains held by Agate Fossil Beds National Monument and Scotts
Bluff National Monument. This oral history evidence addressed the issue
of a ``shared group identity'' of ancient peoples of the Nebraska
panhandle region and their relationship to modern tribal groups
recognized by the Unites States Federal government.
    Utilizing expert opinion, collection records, geographical,
physical anthropological, and oral tradition evidence, it has been
determined that the Arapahoe Tribe of the Wind River Reservation,
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation,
Cheyenne River Sioux Tribe of the Cheyenne River Reservation, Crow
Creek Sioux Tribe of the Crow Creek Reservation, Crow Tribe of Montana,
Lower Brule Sioux Tribe of the Lower Brule Reservation, Northern
Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Ponca Tribe
of Indians of Oklahoma, Ponca Tribe of Nebraska, Rosebud Sioux Tribe of
the Rosebud Indian Reservation, Santee Sioux Tribe of the Santee
Reservation, Shoshone Tribe of the Wind River Reservation, Shoshone-
Paiute Tribes of the Duck Valley Reservation, and the Three Affiliated
Tribes of the Fort Berthold Reservation, as well as the Flandreau
Santee Sioux Tribe, Oglala Sioux Tribe of the Pine Ridge Reservation
and the Yankton Sioux Tribe are culturally affiliated with the human
remains and associated funerary objects described above.
    Based on the above mentioned information, officials of the National
Park Service have determined that, pursuant to 43 CFR 10.2(d)(1), the
human remains listed above represent the physical remains of 19
individuals of Native American ancestry. Officials of the National Park
Service have also

[[Page 33351]]

determined that, pursuant to 43 CFR 10.2(d)(2), the 16 associated
funerary 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
National Park Service have determined that, pursuant to 43 CFR 10.2
(e), there is a relationship of shared group identity that can be
reasonably traced between these Native American human remains and
associated funerary objects and the Arapahoe Tribe of the Wind River
Reservation, Wyoming; Assiniboine and Sioux Tribes of the Fort Peck
Indian Reservation, Montana; Cheyenne River Sioux Tribe of the Cheyenne
River Reservation, South Dakota; Crow Creek Sioux Tribe of the Crow
Creek Reservation, South Dakota; Crow Tribe of Montana; Flandreau
Santee Sioux Tribe of South Dakota; Lower Brule Sioux Tribe of the
Lower Brule Reservation, South Dakota; Northern Cheyenne Tribe of the
Northern Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe of
the Pine Ridge Reservation, South Dakota; Ponca Tribe of Indians of
Oklahoma; Ponca Tribe of Nebraska; Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota; Santee Sioux Tribe of the Santee
Reservation of Nebraska; Shoshone Tribe of the Wind River Reservation,
Wyoming; Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada;
and the Three Affiliated Tribes of the Fort Berthold Reservation, North
Dakota; and Yankton Sioux Tribe of South Dakota.
    This notice has been sent to officials of the Apache Tribe of
Oklahoma; Arapahoe Tribe of the Wind River Reservation, Wyoming;
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation,
Montana; Blackfeet Tribe of the Blackfeet Indian Reservation of
Montana; Cheyenne Arapaho Tribes of Oklahoma; Cheyenne River Sioux
Tribe of the Cheyenne River Reservation, South Dakota; Comanche Indian
Tribe, Oklahoma; Crow Creek Sioux Tribe of the Crow Creek Reservation,
South Dakota; Crow Tribe of Montana; Flandreau Santee Sioux Tribe of
South Dakota; Fort Sill Apache Tribe of Oklahoma; Jicarilla Apache
Tribe of the Jicarilla Apache Indian Reservation, New Mexico; Kiowa
Indian Tribe of Oklahoma; Lower Brule Sioux Tribe of the Lower Brule
Reservation, South Dakota; Mescalero Apache Tribe of the Mescalero
Reservation, New Mexico; Northern Cheyenne Tribe of the Northern
Cheyenne Indian Reservation, Montana; Northwestern Band of Shoshoni
Nation of Utah (Washakie); Oglala Sioux Tribe of the Pine Ridge
Reservation, South Dakota; Omaha Tribe of Nebraska; Pawnee Indian Tribe
of Oklahoma; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of
Nebraska; Rosebud Sioux Tribe of the Rosebud Indian Reservation, South
Dakota; Santee Sioux Tribe of the Santee Reservation of Nebraska;
Shoshone Tribe of the Wind River Reservation, Wyoming; Shoshone-Bannock
Tribes of the Fort Hall Reservation of Idaho; Shoshone-Paiute Tribes of
the Duck Valley Reservation, Nevada; Spirit Lake Tribe, North Dakota;
Standing Rock Sioux Tribe of North & South Dakota; Three Affiliated
Tribes of the Fort Berthold Reservation, North Dakota; and the Yankton
Sioux Tribe of South Dakota. Representatives of any other Indian tribe
that believes itself to be culturally affiliated with these human
remains and associated funerary objects, should contact Superintendent
Ruthann Knudson, Agate Fossil Beds National Monument, 301 River Road,
Harrison Nebraska 69347-2734; telephone: (308) 668-2211, fax: (308)
668-2318, ruthann--knudson@nps.gov, before June 22, 2000. Repatriation
of these human remains and cultural items to the Arapahoe Tribe of the
Wind River Reservation, Wyoming; Assiniboine and Sioux Tribes of the
Fort Peck Indian Reservation, Montana; Cheyenne River Sioux Tribe of
the Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe of
the Crow Creek Reservation, South Dakota; Crow Tribe of Montana;
Flandreau Santee Sioux Tribe of South Dakota; Lower Brule Sioux Tribe
of the Lower Brule Reservation, South Dakota; Northern Cheyenne Tribe
of the Northern Cheyenne Indian Reservation, Montana; Oglala Sioux
Tribe of the Pine Ridge Reservation, South Dakota; Ponca Tribe of
Indians of Oklahoma; Ponca Tribe of Nebraska; Rosebud Sioux Tribe of
the Rosebud Indian Reservation, South Dakota; Santee Sioux Tribe of the
Santee Reservation of Nebraska; Shoshone Tribe of the Wind River
Reservation, Wyoming; Shoshone-Paiute Tribes of the Duck Valley
Reservation, Nevada; Three Affiliated Tribes of the Fort Berthold
Reservation, North Dakota; and Yankton Sioux Tribe of South Dakota may
begin after the above date if no additional claimants come forward.

    Dated: April 3, 2000.
Francis P. McManamon,
Departmental Consulting Archeologist, Manager, Archeology and
Ethnography Program.
[FR Doc. 00-12852 Filed 5-22-00; 8:45 am]
BILLING CODE 4310-70-F

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