[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52745-52747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26335]


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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