[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Notices]
[Page 17463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8577]


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DEPARTMENT OF THE INTERIOR

National Park Service


Native American Graves Protection and Repatriation Review 
Committee Findings and Recommendations Regarding Human Remains and 
Associated Funerary Objects from Spirit Cave in Nevada

AGENCY: National Park Service, Interior.

ACTION: Native American Graves Protection and Repatriation Review 
Committee: Findings and Recommendations.

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    After full and careful consideration of the information and 
statements submitted by the Fallon Paiute-Shoshone Tribe and the U.S. 
Department of the Interior, Bureau of Land Management, Nevada State 
Office, and evidence presented by representatives of the Fallon Paiute-
Shoshone Tribe at the November 17-19, 2001, meeting of the Native 
American Graves Protection and Repatriation Review Committee (review 
committee), six out of the seven review committee members find that the 
preponderance of the evidence indicates a relationship of shared group 
identity which can be reasonably traced between the present day Fallon 
Paiute-Shoshone Tribe and the human remains and associated funerary 
objects from Spirit Cave in Nevada.
    This set of human remains, currently under the control of the 
Nevada State Office, consists of a mummified skeleton and associated 
funerary objects identified as ``Burial Number 2,'' excavated by S.M. 
Wheeler and Georgia N. Wheeler in 1940 from Spirit Cave, Nevada.
    During its November 17-19, 2001, meeting, the review committee 
considered a dispute brought by the Fallon Paiute-Shoshone Tribe 
against the Nevada State Office. The issues leading to the dispute were 
as follows:
     1. On June 26, 2000, the Nevada State Office determined that human 
remains from Spirit Cave in Nevada (Spirit Cave remains), were not 
culturally affiliated with any modern individual, Indian tribe, or 
other group; and
    2. The Fallon Paiute-Shoshone Tribe disputed the Nevada State 
Office's determination, and asked the review committee to review and 
make findings related to:
     a. The cultural affiliation of certain Native American human 
remains and associated funerary objects removed from Spirit Cave in 
Nevada (specifically that, despite some gaps in the record, there is 
compelling evidence to support the Fallon Paiute-Shoshone Tribe's claim 
of cultural affiliation with the early Holocene occupants of the 
western Great Basin, including the Spirit Cave remains); and
     b. The return of such human remains and objects to the Fallon 
Paiute-Shoshone Tribe.
    The review committee reviewed documents provided by the Fallon 
Paiute-Shoshone Tribe and the Nevada State Office, and heard oral 
presentations by individuals on behalf of the Fallon Paiute-Shoshone 
Tribe regarding the cultural affiliation of Native American human 
remains from Spirit Cave in Nevada.
     After full and careful consideration of the provided information 
by all review committee members, six out of the seven review committee 
members find that:
    1. The review committee does not believe that the Nevada State 
Office has given fair and objective consideration and assessment of all 
the available information and evidence in this case; and
    2. The review committee finds that the preponderance of the 
evidence indicates a relationship of shared group identity which can be 
reasonably traced between the present-day Fallon Paiute-Shoshone Tribe 
and the human remains and associated funerary objects from Spirit Cave 
in Nevada.
    Based on these findings, the review committee, by a six to one 
vote, recommends that the Nevada State Office repatriate the Spirit 
Cave human remains and associated funerary objects to the Fallon 
Paiute-Shoshone Tribe.
    The review committee directed the Designated Federal Official to 
communicate its findings on this dispute to the representatives of the 
two affected parties, the Fallon Paiute-Shoshone Tribe and the Nevada 
State Office, as well as other appropriate officials within the 
Department of the Interior.
    The Native American Graves Protection and Repatriation Act directs 
the Secretary of the Interior to establish and maintain an advisory 
committee composed of seven private citizens nominated by Indian 
tribes, Native Hawaiian organizations, and national museum 
organizations and scientific organizations (25 U.S.C. 3006). The 
responsibilities of the review committee include reviewing and making 
findings related to the identity or cultural affiliation of Native 
American human remains or other cultural items, or to the return of 
human remains or other cultural items; and facilitating the resolution 
of disputes among Indian tribes, Native Hawaiian organizations, or 
lineal descendants and Federal agencies or museums relating to the 
return of human remains and other cultural items.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3006 (g). These 
findings and recommendations do not necessarily represent the views of 
the National Park Service or Secretary of the Interior. The National 
Park Service and the Secretary of the Interior have not taken a 
position on these matters.

    Dated: March 13, 2002.
Armand Minthorn,
Chair, Native American Graves Protection and Repatriation Review 
Committee.
[FR Doc. 02-8577 Filed 4-9-02; 8:45 am]
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