[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Notices]
[Pages 33350-33351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12852]


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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