Notice of Intent to Repatriate Cultural Items: South Dakota State Historical Society, Archaeological Research Center, Rapid City, SD, 24758-24760 [E6-6268]
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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Notices
with plant fiber. The first portion of one
dance headdress is a wooden figure
carved to represent a salmon that is
painted graphite and black. The second
and third partial headdresses are
wooden figures carved to represent
bears’ heads. The wooden headdress
mask is carved to represent a Tlingit
spirit (a dead man) and is painted black
and red. The first wooden carving
depicts a land otter that is sitting up.
The second carving depicts a spirit with
a frog in its stomach, and the third
wooden carving depicts a spirit with a
land otter coming out of its mouth. The
partial rattle consists of a wooden
handle attached to the rattle’s body that
is carved to represent an oyster-catcher.
The three strings of shells consist of
scallop shells attached with hide. The
first wooden guard or spirit is carved to
represent an eagle, and the second is
carved to represent a bear. The third
wooden guard or spirit is carved to
represent a figure with a fighting
headdress, and the fourth is carved to
represent many spirits. The doctor’s
urine box is made of wood, stands on
two legs, and measures approximately
32 cm x 22 cm x 18 cm.
The second shaman’s kit consists of
one wooden rattle, four wooden masks,
two headdress masks, one headdress,
one ceremonial hat, two ornamental
tops of dance headdresses, and three
sections of walrus ivory.
The wooden rattle is carved to
represent the sun and is ornamentally
painted to depict a frog. The first
wooden mask is carved to represent a
land otter and is ornamentally painted
red, black, and mineral blue, with a
devil fish painted on each cheek. The
second wooden mask is carved to
represent a man’s face; the center of the
forehead is raised and is carved to
represent a killer whale’s dorsal fin. The
mask is ornamentally painted in red,
black, and native mineral blue. Tail
feathers of a red wing flicker are painted
on each cheek, while the forehead is
painted to depict a raven. The third
wooden mask is carved to represent the
spirit of an old man named ‘‘Shou-Keeyake’’ and is painted red, black, and
native mineral blue. The fourth wooden
mask is carved to represent an old
woman with a labret in the lower lip.
The mask is also ornamentally painted
red, black, and native mineral blue; and
on the face are painted the tail feathers
of the red wing flicker. The two
headdress masks are made of wood. The
first headdress mask, carved to
represent an eagle, is painted red, black,
and native mineral blue, and is
ornamented with copper eyebrows. The
second headdress mask is carved to
represent a ground hog and is
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ornamented with copper eyebrows and
operculum teeth. Above the forehead,
three carved spirit faces are painted red,
black, and native mineral blue. The
headdress is made of wood and hide
and is painted red, black, and native
mineral blue. It is carved to represent a
kingfisher above and a frog below, with
both figures ornamented with copper
eyebrows and operculum teeth. The
ceremonial hat is made of woven spruce
root and is painted to depict a spirit of
a man with a devil fish on either hand.
The first ornamental portion of the
dance headdress consists of four woven
spruce root disks, and the second
portion consists of five woven spruce
root disks. The walrus ivory is in three
pieces.
The cultural affiliation of the 31
cultural items is Hutsnuwu (‘‘Hootz-artar qwan’’) Tlingit as indicated through
museum records and consultation with
representatives of the Central Council of
the Tlingit & Haida Indian Tribes.
Museum records identify the items as
having come from the grave houses of
two doctors of the ‘‘Hootz-ar-tar qwan.’’
The Central Council of the Tlingit
&Haida Indian Tribes has requested the
shamans’ kits on behalf of the clans of
Angoon who comprise the Hutsnuwu
Tlingit.
Officials of the American Museum of
Natural History have determined that,
pursuant to 25 U.S.C. 3001 (3) (B), the
31 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 are
believed, by a preponderance of the
evidence, to have been removed from a
specific burial site of Native American
individuals. Officials of the American
Museum of Natural History also have
determined that, 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
Central Council of the Tlingit & Haida
Indian Tribes.
Representatives of any other Indian
tribe that believes itself to be culturally
affiliated with the unassociated funerary
objects should contact Nell Murphy,
Director of Cultural Resources,
American Museum of Natural History,
Central Park West at 79th Street, New
York, NY 10024, telephone (212) 769–
5837, before May 26, 2006. Repatriation
of the unassociated funerary objects to
the Central Council of the Tlingit &
Haida Indian Tribes may proceed after
that date if no additional claimants
come forward.
The American Museum of Natural
History is responsible for notifying the
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Angoon Community Association,
Central Council of the Tlingit & Haida
Indian Tribes, Kootznoowoo
Incorporated, and Sealaska Heritage
Institute that this notice has been
published.
Dated: March 23, 2006.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E6–6264 Filed 4–25–06; 8:45 am]
BILLING CODE 4312–50–S
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Intent to Repatriate Cultural
Items: South Dakota State Historical
Society, Archaeological Research
Center, Rapid City, SD
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
Notice is here 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 in the
possession of the South Dakota State
Historical Society, Archaeological
Research Center, Rapid City, SD, that
meet the definition of ‘‘unassociated
funerary object’’ 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 cultural
items. The National Park Service is not
responsible for the determinations in
this notice.
The 14 cultural items are 2
unmodified freshwater bivalve shells, 1
lot of charred wood fragments, 1 lot of
bone beads, 1 lot of flint flakes, 1 shell
bead, and 8 shell pendants removed
from Gregory and Roberts Counties, SD.
A detailed assessment of the cultural
items was made by the Archaeological
Research Center’s professional staff in
consultation with representatives of the
Cheyenne River Sioux Tribe of the
Cheyenne River Reservation, South
Dakota; Crow Creek Sioux Tribe of the
Crow Creek Reservation, South Dakota;
Flandreau Santee Sioux Tribe of South
Dakota; Iowa Tribe of Oklahoma; Lower
Sioux Indian Community in the State of
Minnesota; Northern Cheyenne Tribe of
the Northern Cheyenne Indian
Reservation, Montana; Oglala Sioux
Tribe of the Pine Ridge Reservation,
South Dakota; Omaha Tribe of Nebraska;
Otoe-Missouria Tribe of Indians,
Oklahoma; Prairie Island Indian
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Community in the State of Minnesota;
Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota; Sac &
Fox Tribe of the Mississippi in Iowa;
Santee Sioux Nation, Nebraska;
Sisseton-Wahpeton Oyate of the Lake
Traverse Reservation, South Dakota;
Three Affiliated Tribes of the Fort
Berthold Reservation, North Dakota;
Upper Sioux Indian Community,
Minnesota; and Yankton Sioux Tribe of
South Dakota.
In 1923, 11 cultural objects were
removed from Daugherty Mounds,
39RO10, in Roberts County, SD, by W.H.
Over Museum personnel. The 11
cultural items are 1 lot of bone beads,
1 lot of flint flakes, 1 shell bead, and 8
shell pendants, which were found in
association with burials. The cultural
items were curated at W.H. Over
Museum and then transferred to the
Archaeological Research Center in 1974.
The human remains with which the 11
cultural items were originally associated
were reburied in the mound at the close
of the excavation in 1923.
The Daugherty Mounds date to the
Woodland period (A.D. 500 - A.D.
1100).
In 1941, three cultural items were
removed from the Scalp Creek site,
39GR1, in Gregory County, SD, by E.E.
Meleen from the W.H. Over Museum,
Vermillion, SD, as part of a Works
Projects Administration project. The
three cultural items are two unmodified
freshwater bivalve shells and one lot of
charred wood fragments, which were
found in association with burials. The
cultural items were curated at W.H.
Over Museum and then transferred to
the Archaeological Research Center in
1974. The human remains with which
the lot of charred wood fragments were
originally associated were reburied in
the mound at the close of the excavation
in 1941. The human remains with
which the two unmodified freshwater
bivalve shells were originally associated
were reburied along the Missouri River
near Fort Pierre in 1986.
The Scalp Creek site dates to the Late
Woodland period (A.D. 800 - A.D. 1200)
and the Extended Coalescent Tradition
(A.D. 1500 - A.D. 1675).
Evaluation of documentation from the
excavation of the Daugherty Mounds
and Scalp Creek sites indicates that the
cultural items were found in association
with Native American human remains.
Other human remains from the
Daugherty Mounds and Scalp Creek
sites that remain in the possession and
control of the Archaeological Research
Center have been identified as Native
American based on physical
anthropological assessment, manner and
location of burial, and types of funerary
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objects associated with the human
remains.
The Daugherty Mounds and Scalp
Creek sites are located within Sioux
aboriginal land as determined by the
Indian Claims Commission and shown
on the map of Indian Land Areas
Judicially Established (1978). The Sioux
are represented today by the Cheyenne
River Sioux Tribe of the Cheyenne River
Reservation, South Dakota; Crow Creek
Sioux Tribe of the Crow Creek
Reservation, South Dakota; Flandreau
Santee Sioux Tribe of South Dakota;
Lower Sioux Indian Community in the
State of Minnesota; Oglala Sioux Tribe
of the Pine Ridge Reservation, South
Dakota; Prairie Island Indian
Community in the State of Minnesota;
Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota;
Santee Sioux Nation, Nebraska;
Sisseton-Wahpeton Oyate of the Lake
Traverse Reservation, South Dakota;
Upper Sioux Indian Community,
Minnesota; and Yankton Sioux Tribe of
South Dakota.
Based on historical documents, oral
history, and archeological data, the
Cheyenne, Iowa, Omaha, Otoe &
Missouria, and Sac & Fox people also
occupied what is now present-day
South Dakota and the surrounding
region, and are represented today by the
Iowa Tribe of Oklahoma; Northern
Cheyenne Tribe of the Northern
Cheyenne Indian Reservation, Montana;
Omaha Tribe of Nebraska; OtoeMissouria Tribe of Indians, Oklahoma;
Sac & Fox Tribe of the Mississippi in
Iowa; and Three Affiliated Tribes of the
Fort Berthold Reservation, North
Dakota.
Officials of the Archaeological
Research Center have determined that,
pursuant to 25 U.S.C. 3001 (3)(B), the 14
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 are
believed, by a preponderance of the
evidence, to have been removed from a
specific burial site of Native American
individuals. Officials of the
Archaeological Research Center also
have determined that, pursuant to 25
U.S.C. 3001 (2), a relationship of shared
group identity cannot reasonably be
traced between the cultural objects and
any present-day Indian tribe.
In July 2003, the Flandreau Santee
Sioux Tribe of South Dakota submitted
a request to the Archaeological Research
Center for repatriation of the culturally
unidentifiable human remains and
funerary objects from eastern, central,
and northwestern South Dakota, and
southeastern Montana, including the 14
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unassociated funerary objects from the
Daugherty Mounds and Scalp Creek
sites, on behalf of the Cheyenne River
Sioux Tribe of the Cheyenne River
Reservation, South Dakota; Crow Creek
Sioux Tribe of the Crow Creek
Reservation, South Dakota; Flandreau
Santee Sioux Tribe of South Dakota;
Iowa Tribe of Oklahoma; Lower Sioux
Indian Community in the State of
Minnesota; Northern Cheyenne Tribe of
the Northern Cheyenne Indian
Reservation, Montana; Oglala Sioux
Tribe of the Pine Ridge Reservation,
South Dakota; Omaha Tribe of Nebraska;
Otoe-Missouria Tribe of Indians,
Oklahoma; Prairie Island Indian
Community in the State of Minnesota;
Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota; Sac &
Fox Tribe of the Mississippi in Iowa;
Santee Sioux Nation, Nebraska;
Sisseton-Wahpeton Oyate of the Lake
Traverse Reservation, South Dakota;
Three Affiliated Tribes of the Fort
Berthold Reservation, North Dakota;
Upper Sioux Indian Community,
Minnesota; and Yankton Sioux Tribe of
South Dakota.
Pursuant to 43 CFR 10.9 (e)(6),
museums and Federal agencies must
retain possession of culturally
unidentifiable human remains pending
promulgation of 43 CFR 10.11 unless
legally required to do otherwise or
recommended to do otherwise by the
Secretary of the Interior. The Native
American Graves Protection and
Repatriation Review Committee (Review
Committee) is responsible for
recommending specific actions for
disposition of culturally unidentifiable
human remains. In November 2005, the
Archaeological Research Center
requested that the Review Committee
recommend disposition of the culturally
unidentifiable human remains and
associated funerary objects from eastern,
central, and northwestern South Dakota,
and southeastern Montana to the
Flandreau Santee Sioux Tribe of South
Dakota on behalf of themselves and the
Indian tribes listed above that comprise
a consortium of 17 Indian tribes. The
Review Committee considered the
proposal at its November 2005 meeting
in Albuquerque, NM, and recommended
disposition of the human remains and
associated funerary objects to the tribal
consortium. A November 23, 2005 letter
from the Designated Federal Officer, on
behalf of the chair of the Review
Committee, to the Archaeological
Research Center transmitted the Review
Committee’s recommendation that the
Archaeological Research Center effect
disposition of the culturally
unidentifiable human remains and
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associated funerary objects to the tribal
consortium contingent on the
publication of a Notice of Inventory
Completion in the Federal Register.
Disposition of unassociated funerary
objects for which a relationship of
shared group identity cannot be
reasonably traced to a present-day
Indian tribe does not require a
recommendation from the Secretary.
However, since these unassociated
funerary objects were removed from two
of the same sites for which human
remains were already considered by the
Review Committee, the Archaeological
Research Center has decided to effect a
similar disposition to the Flandreau
Santee Sioux Tribe of South Dakota on
behalf of the Cheyenne River Sioux
Tribe of the Cheyenne River
Reservation, South Dakota; Crow Creek
Sioux Tribe of the Crow Creek
Reservation, South Dakota; the
Flandreau Santee Sioux Tribe of South
Dakota; Iowa Tribe of Oklahoma; Lower
Sioux Indian Community in the State of
Minnesota; Northern Cheyenne Tribe of
the Northern Cheyenne Indian
Reservation, Montana; Oglala Sioux
Tribe of the Pine Ridge Reservation,
South Dakota; Omaha Tribe of Nebraska;
Otoe-Missouria Tribe of Indians,
Oklahoma; Prairie Island Indian
Community in the State of Minnesota;
Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota; Sac &
Fox Tribe of the Mississippi in Iowa;
Santee Sioux Nation, Nebraska;
Sisseton-Wahpeton Oyate of the Lake
Traverse Reservation, South Dakota;
Three Affiliated Tribes of the Fort
Berthold Reservation, North Dakota;
Upper Sioux Indian Community,
Minnesota; and Yankton Sioux Tribe of
South Dakota.
Representatives of any Indian tribe
that believes itself to be culturally
affiliated with the 14 unassociated
funerary objects should contact Renee
M. Boen, Repository Manager,
Archaeological Research Center, 2425 E.
St. Charles St., Rapid City, SD 57703,
telephone (605) 394–1936, before May
26, 2006. Disposition of the
unassociated funerary objects to the
Flandreau Santee Sioux Tribe of South
Dakota on behalf of the Cheyenne River
Sioux Tribe of the Cheyenne River
Reservation, South Dakota; Crow Creek
Sioux Tribe of the Crow Creek
Reservation, South Dakota; Iowa Tribe
of Oklahoma; Lower Sioux Indian
Community in the State of Minnesota;
Northern Cheyenne Tribe of the
Northern Cheyenne Indian Reservation,
Montana; Oglala Sioux Tribe of the Pine
Ridge Reservation, South Dakota;
Omaha Tribe of Nebraska; OtoeMissouria Tribe of Indians, Oklahoma;
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Prairie Island Indian Community in the
State of Minnesota; Rosebud Sioux
Tribe of the Rosebud Indian
Reservation, South Dakota; Sac & Fox
Tribe of the Mississippi in Iowa; Santee
Sioux Nation, Nebraska; SissetonWahpeton Oyate of the Lake Traverse
Reservation, South Dakota; Three
Affiliated Tribes of the Fort Berthold
Reservation, North Dakota; Upper Sioux
Indian Community, Minnesota; Yankton
Sioux Tribe of South Dakota; and
themselves, may proceed after that date
if no additional claimants come
forward.
The Archaeological Research Center is
responsible for notifying the Cheyenne
River Sioux Tribe of the Cheyenne River
Reservation, South Dakota; Crow Creek
Sioux Tribe of the Crow Creek
Reservation, South Dakota; Flandreau
Santee Sioux Tribe of South Dakota;
Iowa Tribe of Oklahoma; Lower Sioux
Indian Community in the State of
Minnesota; Northern Cheyenne Tribe of
the Northern Cheyenne Indian
Reservation, Montana; Oglala Sioux
Tribe of the Pine Ridge Reservation,
South Dakota; Omaha Tribe of Nebraska;
Otoe-Missouria Tribe of Indians,
Oklahoma; Prairie Island Indian
Community in the State of Minnesota;
Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota; Sac &
Fox Tribe of the Mississippi in Iowa;
Santee Sioux Nation, Nebraska;
Sisseton-Wahpeton Oyate of the Lake
Traverse Reservation, South Dakota;
Three Affiliated Tribes of the Fort
Berthold Reservation, North Dakota;
Upper Sioux Indian Community,
Minnesota; and Yankton Sioux Tribe of
South Dakota that this notice has been
published.
Dated: April 13, 2006.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E6–6268 Filed 4–25–06; 8:45 am]
BILLING CODE 4312–50–S
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Comprehensive
Environmental Response,
Compensation, and Liability Act
In accordance with
Departmental policy, 28 CFR 50.7,
notice is hereby given that a proposed
consent decree in United States v. AOL
Express, Inc., et al., Civil Action No.
C06–5204FDB, was lodged on April 13,
2006, with the United States District
Court for the Western District of
Washington. The consent decree
requires defendants AOL Express, Inc.,
AGENCY:
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Arkema Inc., Edward and Molly Barry,
Buffelen Woodworking Co., CHS Inc.,
Charles P. and Patricia Curran, Dunlap
Towing Company, Estate of Norman
Nordlund, Estate of Leslie P. Sussman,
F.O.F., Inc., Hylebos Boat Haven,
Hylebos Marina, Inc., Judy Johnson,
Jones Chemicals, Inc., Joseph Simon &
Sons/Rail & Locomotive Equipment Co.,
Louisiana-pacific Corporation, Phyllis
Nordlund, Nordlund Boat Company,
Inc., Don and Alba Oline, Ronald Oline,
Donald S. and Barbara L. Olson, Kay E.
Olson, Olson & Curran Barnacle
Stopping Salt Water Free Vertical Dry
Dock Co. dba Ole & Charlie’s Marinas
Portac, Inc., Rayonier Properties, LLC,
Paula Rose, Sussman Rose Sussman,
Alan Sussman, Sophie Sussman, USG
Interiors, Inc., Wasser & Winters Co.,
Inc., West Waterway Associates, P.S.
and Zidell Marine Corporation to
compensate natural resource trustees for
natural resource damages in
Commencement Bay, Washington,
resulting from releases of hazardous
substances. The trustees are the State of
Washington, the Puyallup Tribe of
Indians, the Muckleshoot Indian Tribe,
the National Oceanic and Atmospheric
Administration of the United States
Department of Commerce, and the
United States Department of the
Interior. Under the consent decree,
defendants will fund the construction of
a salmon habitat restoration project in
Pierce County, Washington, pay the
trustees $150,000 for project oversight,
and reimburse a total of $1,793,888.46
in trustee damage assessment costs.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the proposed
consent decree. Comments should be
addressed to the Assistant Attorney
General for the Environment and
Natural Resources Division, Department
of Justice, Washington, DC 20530, and
should refer to United States v. AOL
Express, Inc., DOJ Ref. # 90–11–2–1049/
6.
The proposed consent decree may be
examined at the office of theUnited
States Attorney, 601 Union Street,
Seattle, WA 98101. During the public
comment period, the Consent Decree
may be examined on the following
Department of Justice Web site: https://
www.usdoj.gov/enrd/open.html and at
the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing a request to Tonia Fleetwood, fax
no. (202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy please refer to the referenced case
and enclose a check in the amount of
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]]>Agencies
[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24758-24760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6268]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Intent to Repatriate Cultural Items: South Dakota State
Historical Society, Archaeological Research Center, Rapid City, SD
AGENCY: National Park Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
Notice is here 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 in the possession of the South Dakota
State Historical Society, Archaeological Research Center, Rapid City,
SD, that meet the definition of ``unassociated funerary object'' 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 cultural
items. The National Park Service is not responsible for the
determinations in this notice.
The 14 cultural items are 2 unmodified freshwater bivalve shells, 1
lot of charred wood fragments, 1 lot of bone beads, 1 lot of flint
flakes, 1 shell bead, and 8 shell pendants removed from Gregory and
Roberts Counties, SD.
A detailed assessment of the cultural items was made by the
Archaeological Research Center's professional staff in consultation
with representatives of the Cheyenne River Sioux Tribe of the Cheyenne
River Reservation, South Dakota; Crow Creek Sioux Tribe of the Crow
Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South
Dakota; Iowa Tribe of Oklahoma; Lower Sioux Indian Community in the
State of Minnesota; Northern Cheyenne Tribe of the Northern Cheyenne
Indian Reservation, Montana; Oglala Sioux Tribe of the Pine Ridge
Reservation, South Dakota; Omaha Tribe of Nebraska; Otoe-Missouria
Tribe of Indians, Oklahoma; Prairie Island Indian
[[Page 24759]]
Community in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota; Sac & Fox Tribe of the Mississippi in
Iowa; Santee Sioux Nation, Nebraska; Sisseton-Wahpeton Oyate of the
Lake Traverse Reservation, South Dakota; Three Affiliated Tribes of the
Fort Berthold Reservation, North Dakota; Upper Sioux Indian Community,
Minnesota; and Yankton Sioux Tribe of South Dakota.
In 1923, 11 cultural objects were removed from Daugherty Mounds,
39RO10, in Roberts County, SD, by W.H. Over Museum personnel. The 11
cultural items are 1 lot of bone beads, 1 lot of flint flakes, 1 shell
bead, and 8 shell pendants, which were found in association with
burials. The cultural items were curated at W.H. Over Museum and then
transferred to the Archaeological Research Center in 1974. The human
remains with which the 11 cultural items were originally associated
were reburied in the mound at the close of the excavation in 1923.
The Daugherty Mounds date to the Woodland period (A.D. 500 - A.D.
1100).
In 1941, three cultural items were removed from the Scalp Creek
site, 39GR1, in Gregory County, SD, by E.E. Meleen from the W.H. Over
Museum, Vermillion, SD, as part of a Works Projects Administration
project. The three cultural items are two unmodified freshwater bivalve
shells and one lot of charred wood fragments, which were found in
association with burials. The cultural items were curated at W.H. Over
Museum and then transferred to the Archaeological Research Center in
1974. The human remains with which the lot of charred wood fragments
were originally associated were reburied in the mound at the close of
the excavation in 1941. The human remains with which the two unmodified
freshwater bivalve shells were originally associated were reburied
along the Missouri River near Fort Pierre in 1986.
The Scalp Creek site dates to the Late Woodland period (A.D. 800 -
A.D. 1200) and the Extended Coalescent Tradition (A.D. 1500 - A.D.
1675).
Evaluation of documentation from the excavation of the Daugherty
Mounds and Scalp Creek sites indicates that the cultural items were
found in association with Native American human remains. Other human
remains from the Daugherty Mounds and Scalp Creek sites that remain in
the possession and control of the Archaeological Research Center have
been identified as Native American based on physical anthropological
assessment, manner and location of burial, and types of funerary
objects associated with the human remains.
The Daugherty Mounds and Scalp Creek sites are located within Sioux
aboriginal land as determined by the Indian Claims Commission and shown
on the map of Indian Land Areas Judicially Established (1978). The
Sioux are represented today by the Cheyenne River Sioux Tribe of the
Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe of the
Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of
South Dakota; Lower Sioux Indian Community in the State of Minnesota;
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Prairie
Island Indian Community in the State of Minnesota; Rosebud Sioux Tribe
of the Rosebud Indian Reservation, South Dakota; Santee Sioux Nation,
Nebraska; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation,
South Dakota; Upper Sioux Indian Community, Minnesota; and Yankton
Sioux Tribe of South Dakota.
Based on historical documents, oral history, and archeological
data, the Cheyenne, Iowa, Omaha, Otoe & Missouria, and Sac & Fox people
also occupied what is now present-day South Dakota and the surrounding
region, and are represented today by the Iowa Tribe of Oklahoma;
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation,
Montana; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians,
Oklahoma; Sac & Fox Tribe of the Mississippi in Iowa; and Three
Affiliated Tribes of the Fort Berthold Reservation, North Dakota.
Officials of the Archaeological Research Center have determined
that, pursuant to 25 U.S.C. 3001 (3)(B), the 14 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 are believed, by a preponderance of the
evidence, to have been removed from a specific burial site of Native
American individuals. Officials of the Archaeological Research Center
also have determined that, pursuant to 25 U.S.C. 3001 (2), a
relationship of shared group identity cannot reasonably be traced
between the cultural objects and any present-day Indian tribe.
In July 2003, the Flandreau Santee Sioux Tribe of South Dakota
submitted a request to the Archaeological Research Center for
repatriation of the culturally unidentifiable human remains and
funerary objects from eastern, central, and northwestern South Dakota,
and southeastern Montana, including the 14 unassociated funerary
objects from the Daugherty Mounds and Scalp Creek sites, on behalf of
the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South
Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation, South
Dakota; Flandreau Santee Sioux Tribe of South Dakota; Iowa Tribe of
Oklahoma; Lower Sioux Indian Community in the State of Minnesota;
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation,
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South
Dakota; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians,
Oklahoma; Prairie Island Indian Community in the State of Minnesota;
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota;
Sac & Fox Tribe of the Mississippi in Iowa; Santee Sioux Nation,
Nebraska; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation,
South Dakota; Three Affiliated Tribes of the Fort Berthold Reservation,
North Dakota; Upper Sioux Indian Community, Minnesota; and Yankton
Sioux Tribe of South Dakota.
Pursuant to 43 CFR 10.9 (e)(6), museums and Federal agencies must
retain possession of culturally unidentifiable human remains pending
promulgation of 43 CFR 10.11 unless legally required to do otherwise or
recommended to do otherwise by the Secretary of the Interior. The
Native American Graves Protection and Repatriation Review Committee
(Review Committee) is responsible for recommending specific actions for
disposition of culturally unidentifiable human remains. In November
2005, the Archaeological Research Center requested that the Review
Committee recommend disposition of the culturally unidentifiable human
remains and associated funerary objects from eastern, central, and
northwestern South Dakota, and southeastern Montana to the Flandreau
Santee Sioux Tribe of South Dakota on behalf of themselves and the
Indian tribes listed above that comprise a consortium of 17 Indian
tribes. The Review Committee considered the proposal at its November
2005 meeting in Albuquerque, NM, and recommended disposition of the
human remains and associated funerary objects to the tribal consortium.
A November 23, 2005 letter from the Designated Federal Officer, on
behalf of the chair of the Review Committee, to the Archaeological
Research Center transmitted the Review Committee's recommendation that
the Archaeological Research Center effect disposition of the culturally
unidentifiable human remains and
[[Page 24760]]
associated funerary objects to the tribal consortium contingent on the
publication of a Notice of Inventory Completion in the Federal
Register.
Disposition of unassociated funerary objects for which a
relationship of shared group identity cannot be reasonably traced to a
present-day Indian tribe does not require a recommendation from the
Secretary. However, since these unassociated funerary objects were
removed from two of the same sites for which human remains were already
considered by the Review Committee, the Archaeological Research Center
has decided to effect a similar disposition to the Flandreau Santee
Sioux Tribe of South Dakota on behalf of the Cheyenne River Sioux Tribe
of the Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe
of the Crow Creek Reservation, South Dakota; the Flandreau Santee Sioux
Tribe of South Dakota; Iowa Tribe of Oklahoma; Lower Sioux Indian
Community in the State of Minnesota; Northern Cheyenne Tribe of the
Northern Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe of
the Pine Ridge Reservation, South Dakota; Omaha Tribe of Nebraska;
Otoe-Missouria Tribe of Indians, Oklahoma; Prairie Island Indian
Community in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud
Indian Reservation, South Dakota; Sac & Fox Tribe of the Mississippi in
Iowa; Santee Sioux Nation, Nebraska; Sisseton-Wahpeton Oyate of the
Lake Traverse Reservation, South Dakota; Three Affiliated Tribes of the
Fort Berthold Reservation, North Dakota; Upper Sioux Indian Community,
Minnesota; and Yankton Sioux Tribe of South Dakota.
Representatives of any Indian tribe that believes itself to be
culturally affiliated with the 14 unassociated funerary objects should
contact Renee M. Boen, Repository Manager, Archaeological Research
Center, 2425 E. St. Charles St., Rapid City, SD 57703, telephone (605)
394-1936, before May 26, 2006. Disposition of the unassociated funerary
objects to the Flandreau Santee Sioux Tribe of South Dakota on behalf
of the Cheyenne River Sioux Tribe of the Cheyenne River Reservation,
South Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation,
South Dakota; Iowa Tribe of Oklahoma; Lower Sioux Indian Community in
the State of Minnesota; Northern Cheyenne Tribe of the Northern
Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe of the Pine
Ridge Reservation, South Dakota; Omaha Tribe of Nebraska; Otoe-
Missouria Tribe of Indians, Oklahoma; Prairie Island Indian Community
in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud Indian
Reservation, South Dakota; Sac & Fox Tribe of the Mississippi in Iowa;
Santee Sioux Nation, Nebraska; Sisseton-Wahpeton Oyate of the Lake
Traverse Reservation, South Dakota; Three Affiliated Tribes of the Fort
Berthold Reservation, North Dakota; Upper Sioux Indian Community,
Minnesota; Yankton Sioux Tribe of South Dakota; and themselves, may
proceed after that date if no additional claimants come forward.
The Archaeological Research Center is responsible for notifying the
Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South
Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation, South
Dakota; Flandreau Santee Sioux Tribe of South Dakota; Iowa Tribe of
Oklahoma; Lower Sioux Indian Community in the State of Minnesota;
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation,
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South
Dakota; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians,
Oklahoma; Prairie Island Indian Community in the State of Minnesota;
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota;
Sac & Fox Tribe of the Mississippi in Iowa; Santee Sioux Nation,
Nebraska; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation,
South Dakota; Three Affiliated Tribes of the Fort Berthold Reservation,
North Dakota; Upper Sioux Indian Community, Minnesota; and Yankton
Sioux Tribe of South Dakota that this notice has been published.
Dated: April 13, 2006.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E6-6268 Filed 4-25-06; 8:45 am]
BILLING CODE 4312-50-S
