[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Notices]
[Pages 24501-24502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10317]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion for Native American Human Remains 
in the Possession of the Federal Bureau of Investigation (FBI), San 
Francisco, CA

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 Native American human remains in 
the possession of the Federal Bureau of Investigation (FBI), San 
Francisco, CA.
    A detailed assessment of the human remains was made by the FBI's 
Laboratory Division (Hair and Fiber Section) and San Francisco office 
professional staff in consultation with representatives of the Ute 
Indian Tribe of the Unitah and Ouray Reservation, Utah.
    On July 19, 1996, human remains representing one individual were 
recovered by FBI Agents from Ripley's Entertainment, Orlando, FL. These 
human remains consist of a scalp with an eagle feather and have been 
identified as those of Chief Little Bear of the Unitah and Ouray Ute 
bands. No associated funerary objects are present.
    In April 1995, these human remains and associated funerary object 
were part of The Custer collection being auctioned by Butterfield and 
Butterfield. The Custer collection belonged to a Mr. Acevedo from New 
York City, NY, and consisted mainly of antique firearms in addition to 
other Indian artifacts. On May 5, 1995, these human remains and 
associated funerary object were sold to Ripley's Entertainment, 
Orlando, FL.
    On April 3, 1996, at the request of the United States Attorney's 
Office for the Northern District of California, the FBI began an 
investigation into the trafficking of Native American scalps by 
Butterfield and Butterfield Auction House, San Francisco, CA. On July 
19, 1996, Ripley's Entertainment released custody of the Native 
American scalp to FBI agents, and these human remains and associated 
funerary object were sent to the FBI Laboratory, Washington, DC

[[Page 24502]]

for examination. Based on morphological characteristics, FBI examiners 
have determined that the head hairs on the scalp exhibit mongoloid 
characteristics, a classification which encompasses Native American 
hair.
    Butterfield and Butterfield's auction catalog for this collection 
states that this scalp was taken at the Battle of Ute, c. 1879, and a 
contemporary letter accompanying this scalp states: ``This scalp was 
taken near Rawlings, Indian territory, USA, September 26, 1879. It 
belonged to the Chief Little-Bear, a Ute Indian, who assisted at the 
massacre of U.S. Troops under Captain Tomlinson, near that place. The 
feather plaited into the hair, (sic) indicates that he was a chief of 
the first rank. Presented to (?) Cooke by Capt. A.N. Cheney, 7th U.S. 
Cavalry.''
    Historic records provided by the National Park Service with the 
assistance of the U.S. Army Center of Military History supports this 
letter of provenance. According to historic documents, the U.S. Army 
and Ute bands did have military engagements near Rawlings, WY in 
September of 1879. Nothing in historic documents, analysis, or 
consultation indicates these human remains are those of any other 
individual than Little Bear.
    Authorities of the United States Fish and Wildlife Service have 
been contacted regarding applicability of Federal endangered species 
statutes to this transfer and have concurred in the conclusion that the 
object is not covered due to its age.
    Based on the above mentioned information, officials of the Federal 
Bureau of Investigation have determined that, pursuant to 43 CFR 10.2 
(d)(1), the human remains listed above represent the physical remains 
of one individual of Native American ancestry. Officials of the Federal 
Bureau of Investigation have also 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 the 
Ute Indian Tribe of the Unitah and Ouray Reservation, Utah.
    The eagle feather present with these human remains is believed to 
have been the personal property of Little Bear. While the eagle feather 
does not appear to meet the statutory definition of ``associated 
funerary object'', officials of the Federal Bureau of Investigation 
have determined that, pursuant to standard practice regarding personal 
property, Manual of Administrative Operations and Procedures, Sect. 2-
4.4.1(5), the one object listed above is subject to return to the next 
of kin, in this case the Ute Indian Tribe of the Unitah and Ouray 
Reservation, Utah.
    This notice has been sent to officials of the Ute Indian Tribe of 
the Unitah and Ouray Reservation, Utah. Representatives of any other 
Indian tribe that believes itself to be culturally affiliated with 
these human remains should contact Special Agent Brian J. Guy, FBI, 450 
Golden Gate Avenue, San Francisco, CA 94102; telephone: (415) 553-7400, 
before May 26, 2000. Repatriation of the human remains to the Ute 
Indian Tribe of the Unitah and Ouray Reservation, Utah may begin after 
that date if no additional claimants come forward.
    The National Park Service is not responsible for the determinations 
within this notice.

    Dated: April 10, 2000.
Francis P. McManamon,
Departmental Consulting Archeologist, Manager, Archeology and 
Ethnography Program.
[FR Doc. 00-10317 Filed 4-25-00; 8:45 am]
BILLING CODE 4310-70-M