[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Notices]
[Pages 45536-45539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17090]



[[Page 45536]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion for Native American Human Remains 
and Associated Funerary Objects in the Control of Franklin Pierce 
College, Rindge, NH; Manchester Historical Association, Manchester, NH; 
New Hampshire Division of Historical Resources, Concord, NH; and 
University of New Hampshire, Durham, NH; and in the Possession of the 
New Hampshire Division of Historical Resources, Concord, NH

AGENCY: National Park Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

    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 control of Franklin Pierce College, Rindge, NH; 
Manchester Historical Association, Manchester, NH; New Hampshire 
Division of Historical Resources, Concord, NH; and University of New 
Hampshire, Durham, NH (cited below as the four museums); and in the 
possession of the New Hampshire Division of Historical Resources, 
Concord, NH.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 43 CFR 10.2 (c). The 
determinations within this notice are the sole responsibility of the 
museum, institution, or Federal agency that has control of these Native 
American human remains and associated funerary objects. The National 
Park Service is not responsible for the determinations within this 
notice.
    A detailed assessment of the human remains was made by professional 
staff and consultants of the New Hampshire Division of Historical 
Resources, acting on behalf of the four museums, in consultation with 
representatives of the Penobscot Tribe of Maine, Wabanaki Tribes of 
Maine Intertribal Repatriation Committee, the Wampanoag Tribe of Gay 
Head (Aquinnah) of Massachusetts, Abenaki Nation of Missisquoi (a 
nonfederally recognized Indian group), Abenaki Nation of New Hampshire 
(a nonfederally recognized group), Cowasuck Band of the Pennacook-
Abenaki People (a nonfederally recognized Indian group), First Nation 
of New Hampshire (a nonfederally recognized Indian group affiliated 
with the National Federation of the Republic of the Sovereign Abenaki 
Nation), Abenaki Family Alliance (a nonfederally recognized Indian 
group), Dawnland Alliance (a nonfederally recognized Indian group), 
Southern New England Abenaki Council (a nonfederally recognized Indian 
group), and four intertribal Indian groups, including the New Hampshire 
Intertribal Native American Council, the Laconia Indian Historical 
Association, the Boldwing Clan, and the Greater Lowell Indian Cultural 
Association.
    New Hampshire Division of Historical Resources, acting on behalf of 
the four museums, has determined that the human remains reported in 
this notice cannot be affiliated with an Indian tribe as defined in 
NAGPRA, 43 CFR 10.2 (b)(2), and are considered culturally 
unidentifiable. Until final promulgation of Section 10.11 of NAGPRA 
regulations, the Native American Graves Protection and Repatriation 
Review Committee is responsible for recommending to the Secretary of 
the Interior specific actions for the disposition of culturally 
unidentifiable human remains, according to NAGPRA, 43 CFR 10.10 (g). In 
March 1999, the New Hampshire Division of Historical Resources, acting 
on behalf of the four museums, presented a disposition proposal to the 
NAGPRA Review Committee to repatriate 17 culturally unidentifiable 
human remains from 11 locations in New Hampshire to the Abenaki Nation 
of Missisquoi (a nonfederally recognized Indian group), representing a 
coalition of Western Abenaki groups, including the Abenaki Nation of 
New Hampshire (a nonfederally recognized Indian group), Cowasuck Band 
of the Pennacook-Abenaki People (a nonfederally recognized Indian 
group), and the First Nation of New Hampshire (a nonfederally 
recognized Indian group). The proposal was considered by the review 
committee at its May 1999 meeting.
    The review committee recommended disposition of the human remains 
to the Abenaki Nation of Missisquoi, representing a coalition of 
Western Abenaki groups, contingent upon the museum's meeting four 
requirements. On January 11, 2000, the Departmental Consulting 
Archeologist, writing on behalf of the Secretary of the Interior, to 
the New Hampshire Division of Historical Resources asked that the 
museum distribute the inventory of culturally unidentifiable human 
remains to the Wabanaki Confederacy (representing the Aroostook Band of 
Micmac Indians of Maine, Houlton Band of Maliseet Indians of Maine, 
Indian Township Reservation of the Passamaquoddy Tribe, Penobscot Tribe 
of Maine, and Pleasant Point Reservation of the Passamaquoddy Tribe) 
and the Wampanoag Confederation (representing the Wampanoag Tribe of 
Gay Head [Aquinnah], Mashpee Wampanoag Tribe, and Assonet Band of the 
Wampanoag); document the concurrence of the Wabanaki Confederacy and 
the Wampanoag Confederation with the proposed disposition; publish a 
Notice of Inventory Completion in the Federal Register; and consider 
documentation compiled as part of the inventory process as public 
information, and available for education and scientific uses. The New 
Hampshire Division of Historical Resources, on behalf of the four 
museums, documented in a November 14, 2001, letter to the review 
committee that three of the requirements had been met, noting that the 
fourth requirement would be met with the publication of this Notice of 
Inventory Completion.
    In 1967, human remains representing a minimum of one individual 
were removed from the Hunter site during excavations by Howard Sargent 
of Franklin Pierce College for the New Hampshire State Highway 
Department. The Hunter site is in Claremont, NH, on the Sugar River 
near its confluence with the Connecticut River. No known individual was 
identified. No associated funerary objects are present.
    Museum documentation indicates that the human remains were removed 
from the Hunter site and were curated at Franklin Pierce College until 
1996 when they were transferred to the New Hampshire Division of 
Historical Resources for curation. On the basis of stratigraphic and 
archeological context, the human remains have been dated to the Middle 
or Late Woodland period (A.D. 1-1500). Archeological, historical, and 
ethnographic sources, along with oral traditions of the Western 
Abenaki, indicate that this portion of New Hampshire is within the 
aboriginal and historic homeland of the Western Abenaki from at least 
the Late Archaic period (4000-2000 B.C.) through the Historic period 
(post-A.D. 1500). The Western Abenaki are represented today by the 
Abenaki Nation of Missisquoi, Abenaki Nation of New Hampshire, Cowasuck 
Band of the Pennacook-Abenaki People, and First Nation of New 
Hampshire, all nonfederally recognized Indian groups.
    In 1968, human remains representing a minimum of two individuals 
were removed from the Smyth site during excavations by Howard Sargent 
of Franklin Pierce College for the New Hampshire State Highway 
Department.

[[Page 45537]]

 The Smyth site is in Concord, NH, on a terrace above the Merrimack 
River. No known individuals were identified. No associated funerary 
objects are present.
    Museum documentation indicates that the human remains were removed 
from the Smyth site during a salvage excavation and were curated at 
Franklin Pierce College until 1997 when they were transferred to the 
New Hampshire Division of Historical Resources. On the basis of 
stratigraphic and archeological context, the human remains have been 
dated to the Woodland period (1000 B.C.-A.D. 1500). Archeological, 
historical, and ethnographic sources, along with oral traditions of the 
Western Abenaki, indicate that this portion of New Hampshire is within 
the aboriginal and historic homeland of the Western Abenaki from at 
least the Late Archaic period (4000-2000 B.C.) through the Historic 
period (post-A.D. 1500). The Western Abenaki are represented today by 
the Abenaki Nation of Missisquoi, Abenaki Nation of New Hampshire, 
Cowasuck Band of the Pennacook-Abenaki People, and First Nation of New 
Hampshire, all nonfederally recognized Indian groups.
    In 1971, human remains representing a minimum of one individual 
were donated by Clyde Berry to the Manchester Historical Association. 
No known individual was identified. The six associated funerary objects 
are one small bag of ocher, one small bag of charcoal, one small bag of 
lithic flakes, one small bag of animal bone, one small bag of turtle 
shell, and one small bag of fragmentary bone tools. The human remains 
and associated funerary objects were transferred in 1999 to the New 
Hampshire Division of Historical Resources for curation.
    Museum documentation indicates that these human remains (Berry 
Collection number 4256) are of a cremated individual from a grave with 
ocher-stained soil that was exposed by WPA workers in the 1930s during 
road construction on a terrace above the Merrimack River in Manchester, 
NH. The radiocarbon date from associated charcoal is 8490 +/- 60 B.P. 
Archeological, historical, and ethnographic sources, along with oral 
traditions of the Western Abenaki, indicate that this portion of New 
Hampshire is within the aboriginal and historic homeland of the Western 
Abenaki from at least the Late Archaic period (4000-2000 B.C.) through 
the Historic period (post-A.D. 1500). The Western Abenaki are 
represented today by the Abenaki Nation of Missisquoi, Abenaki Nation 
of New Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and 
First Nation of New Hampshire, all nonfederally recognized Indian 
groups.
    In the 1950s, human remains representing a minimum of one 
individual were donated by Clyde Berry as part of the Berry Collection 
to the Manchester Historical Association. No known individual was 
identified. The four associated funerary objects are three small animal 
bones and a bone awl. The human remains and associated funerary objects 
were transferred in 1999 to the New Hampshire Division of Historical 
Resources for curation.
    Museum documentation indicates that these human remains (Berry 
Collection number 3745) were recovered at Amoskeag on the west bank of 
the Merrimack River in Manchester, NH, by a workman digging a utility 
trench at an unknown date. Based on the condition of the bone, the 
burial is considered to be from the Woodland period (2000 B.C.-
A.D.1500). Archeological, historical, and ethnographic sources, along 
with oral traditions of the Western Abenaki, indicate that this portion 
of New Hampshire is within the aboriginal and historic homeland of the 
Western Abenaki from at least the Late Archaic period (4000-2000 B.C.) 
through the Historic period (post-A.D. 1500). The Western Abenaki are 
represented today by the Abenaki Nation of Missisquoi, Abenaki Nation 
of New Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and 
First Nation of New Hampshire, all nonfederally recognized Indian 
groups.
    In 1971, human remains representing a minimum of one individual 
were donated by Clyde Berry to the Manchester Historical Association. 
No known individual was identified. No associated funerary objects are 
present. These human remains were transferred in 1999 to the New 
Hampshire Division of Historical Resources for curation.
    Museum documentation indicates that these human remains (Berry 
Collection number 3566) were found by Francis K. Berry in 1938 and 
removed by James W. House in 1939 from a locale known as the 
Narrows on the Merrimack River in Bedford, NH. The age of 
the burial is undetermined but has been determined to be Native 
American on the basis of its recovery in context with other Native 
American archeological material of Archaic and Woodland age. 
Archeological, historical, and ethnographic sources, along with oral 
traditions of the Western Abenaki, indicate that this portion of New 
Hampshire is within the aboriginal and historic homeland of the Western 
Abenaki from at least the Late Archaic period (4000-2000 B.C.) through 
the Historic period (post-A.D. 1500). The Western Abenaki are 
represented today by the Abenaki Nation of Missisquoi, Abenaki Nation 
of New Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and 
First Nation of New Hampshire, all nonfederally recognized Indian 
groups.
    In 1984, human remains representing a minimum of one individual 
were donated to the New Hampshire Division of Historical Resources by 
the Museum at Fort No. 4, Charlestown, NH. No known individual was 
identified. No associated funerary objects are present.
    Museum documentation indicates that the human remains were found by 
a local collector and donated to the Museum at Fort No. 4. There are no 
records of either the discovery or the donation, but the identification 
card made at the time of the donation labeled the human remains as 
Late Woodland period (A.D. 1000-1500). 
Information obtained recently indicates the human remains were 
collected from an eroding bank of the Connecticut River just upstream 
from the Museum at Fort No. 4, Charlestown, NH. Archeological, 
historical, and ethnographic sources, along with oral traditions of the 
Western Abenaki, indicate that this portion of New Hampshire is within 
the aboriginal and historic homeland of the Western Abenaki from at 
least the Late Archaic period (4000-2000 B.C.) through the Historic 
period (post-A.D. 1500). The Western Abenaki are represented today by 
the Abenaki Nation of Missisquoi, Abenaki Nation of New Hampshire, 
Cowasuck Band of the Pennacook-Abenaki People, and First Nation of New 
Hampshire, all nonfederally recognized Indian groups.
    In 1982, human remains representing a minimum of one individual 
were donated to the New Hampshire Division of Historical Resources by 
the Police Department of Concord, NH. The human remains were recovered 
in 1974 during construction of a parking lot in Concord, NH, and were 
investigated as Concord Police Case 1439C. No known individual was 
identified. No associated funerary objects are present.
    Museum documentation indicates that the human remains belong to the 
Late Woodland/Historic period (circa A.D. 1000-present). The burial has 
been determined to be Native American on the basis of its recovery in 
context with other Native American archeological materials. 
Archeological, historical, and ethnographic sources, along with oral 
traditions of the Western Abenaki, indicate that this portion of New 
Hampshire is within the aboriginal and historic homeland of the Western 
Abenaki from at least the Late Archaic period (4000-2000 B.C.) through 
the

[[Page 45538]]

Historic period (post-A.D. 1500). The Western Abenaki are represented 
today by the Abenaki Nation of Missisquoi, Abenaki Nation of New 
Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and First 
Nation of New Hampshire, all nonfederally recognized Indian groups.
    In 1994, human remains representing a minimum of one individual 
were removed from a site near the New Hampshire Technical Institute in 
Concord, NH, by Dr. Thomas Hemmings of the New Hampshire Division of 
Public Works and were placed with the New Hampshire Division of 
Historical Resources the same year. No known individual was identified. 
No associated funerary objects are present.
    Museum documentation indicates that the human remains were removed 
from flood deposits of the Historic period (post-A.D. 1500) by Dr. 
Hemmings during pre-construction research for the New Hampshire 
Division of Public Works on the Merrimack River flood plain at the New 
Hampshire Technical Institute in Concord, NH. The burial has been 
determined to be Native American on the basis of its recovery in 
context with other Native American archeological materials. 
Archeological, historical, and ethnographic sources, along with oral 
traditions of the Western Abenaki, indicate that this portion of New 
Hampshire is within the aboriginal and historic homeland of the Western 
Abenaki from at least the Late Archaic period (4000-2000 B.C.) through 
the Historic period (post-A.D. 1500). The Western Abenaki are 
represented today by the Abenaki Nation of Missisquoi, Abenaki Nation 
of New Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and 
First Nation of New Hampshire, all nonfederally recognized Indian 
groups.
    In 1984, human remains representing a minimum of one individual 
were removed from the Beaver Brook site during excavations by Dr. David 
Starbuck and Dennis Howe, and were placed with the New Hampshire 
Division of Historical Resources in 1985. No known individual was 
identified. No associated funerary objects are present.
    Museum documentation indicates that the human remains were removed 
by Dr. David Starbuck and Dennis Howe, independent researchers, during 
an archeological study of the Beaver Brook site on the flood plain of 
the Merrimack River in Concord, NH. The site was not identified as a 
cremation burial at the time that the bones were removed. Later, staff 
of the a Museum of Archeology and Ethnology, Harvard University, 
Cambridge, MA, identified the bone as human while conducting an 
osteological analysis for the excavators. At this time, the bone and 
the stone pavement and stone pyramid, which were associated with the 
bones, were identified as features of a cremation burial. The 
radiocarbon date from associated charcoal is 5155 +/- 190 B.P. 
Archeological, historical, and ethnographic sources, along with oral 
traditions of the Western Abenaki, indicate that this portion of New 
Hampshire is within the aboriginal and historic homeland of the Western 
Abenaki from at least the Late Archaic period (4000-2000 B.C.) through 
the Historic period (post-A.D. 1500). The Western Abenaki are 
represented today by the Abenaki Nation of Missisquoi, Abenaki Nation 
of New Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and 
First Nation of New Hampshire, all nonfederally recognized Indian 
groups.
    In 1975, human remains representing a minimum of four individuals 
were removed from the Rocks Road site during excavations by Dr. Charles 
Bolian of the University of New Hampshire. The human remains were 
transferred to the New Hampshire Division of Historical Resources for 
curation in 1999. No known individuals were identified. No associated 
funerary objects are present.
    Museum documentation indicates that these human remains were 
removed from the Rocks Road site (also known as the Seabrook Station 
site) during a pre-construction archeological project for the Seabrook 
Station nuclear power plant in Seabrook, NH, on the Atlantic coast. A 
radiocarbon date from associated charcoal is 650 B.P. Archeological, 
historical, and ethnographic sources, along with oral traditions of the 
Western Abenaki, indicate that this portion of New Hampshire is within 
the aboriginal and historic homeland of the Western Abenaki from at 
least the Late Archaic period (4000-2000 B.C.) through the Historic 
period (post-A.D. 1500). The Eastern Abenaki and Wampanoag appear also 
to have cultural ties to coastal New Hampshire in the Historic period. 
The Western Abenaki are represented today by the Abenaki Nation of 
Missisquoi, Abenaki Nation of New Hampshire, Cowasuck Band of the 
Pennacook-Abenaki People, and First Nation of New Hampshire, all 
nonfederally recognized Indian groups.
    In 1975, human remains representing a minimum of three individuals 
were removed from the Seabrook Marsh site in Seabrook, NH, by Dr. 
Charles Bolian and Brian Robinson of the University of New Hampshire. 
The human remains were transferred in 1999 to the New Hampshire 
Division of Historical Resources for curation. No known individuals 
were identified. No associated funerary objects are present.
    Museum documentation indicates that the human remains were removed 
from the Seabrook Marsh site in Seabrook, NH, during an archeological 
survey of New Hampshire's Atlantic seacoast. The site is dated to the 
Late Archaic period (4000-2000 B.C.) based on radiocarbon dating. 
Archeological, historical, and ethnographic sources, along with oral 
traditions of the Western Abenaki, indicate that this portion of New 
Hampshire is within the aboriginal and historic homeland of the Western 
Abenaki from at least the Late Archaic period (4000-2000 B.C.) through 
the Historic period (post-A.D. 1500). The Eastern Abenaki and Wampanoag 
appear also to have cultural ties to coastal New Hampshire in the 
Historic period. The Western Abenaki are represented today by the 
Abenaki Nation of Missisquoi, Abenaki Nation of New Hampshire, Cowasuck 
Band of the Pennacook-Abenaki People, and First Nation of New 
Hampshire, all nonfederally recognized Indian groups.
    Based on the above-mentioned information, officials of the New 
Hampshire Division of Historical Resources, acting on behalf of the 
four museums, have determined that, pursuant to 43 CFR 10.2 (d)(1), the 
human remains listed above represent the physical remains of 17 
individuals of Native American ancestry. Officials of the New Hampshire 
Division of Historical Resources, acting on behalf of the four museums, 
also have determined that, pursuant to 43 CFR 10.2 (d)(2), the 10 
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 New Hampshire Division of Historical Resources, acting on behalf 
of the four museums, 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 the Abenaki 
Nation of Missisquoi (a nonfederally recognized Indian group), 
representing a coalition of Western Abenaki groups, including the 
Abenaki Nation of New Hampshire (a nonfederally recognized Indian 
group), Cowasuck Band of the Pennacook-Abenaki People (a nonfederally 
recognized Indian group), and the First Nation of New Hampshire (a 
nonfederally recognized Indian group).

[[Page 45539]]

    This notice has been sent to the Penobscot Tribe of Maine, Wabanaki 
Confederacy, the Wampanoag Tribe of Gay Head (Aquinnah) of 
Massachusetts, Abenaki Nation of Missisquoi (a nonfederally recognized 
Indian group), Abenaki Nation of New Hampshire (a nonfederally 
recognized Indian group), Cowasuck Band of the Pennacook-Abenaki People 
(a nonfederally recognized Indian group), and First Nation of New 
Hampshire (a nonfederally recognized Indian group). Representatives of 
any other Indian tribe that believes itself to be culturally affiliated 
with these human remains, should contact Richard Boisvert, Deputy State 
Archeologist, New Hampshire Division of Historical Resources, P.O. Box 
2043, Concord, NH 03302-2043, telephone (603) 271-6628, before August 
8, 2002. Repatriation of the human remains to the Abenaki Nation of 
Missisquoi, representing a coalition of Western Abenaki groups, may 
begin after that date if no additional claimants come forward.

    Dated: April 10, 2002.
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-17090 Filed 7-8-02; 8:45 am]
BILLING CODE 4310-70-S