[Federal Register Volume 67, Number 168 (Thursday, August 29, 2002)]
[Notices]
[Pages 55421-55422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21997]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items in the Possession 
of the U.S. Department of Justice, Federal Bureau of Investigation 
(FBI), Louisville, KY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is hereby given in accordance with the provisions of the 
Native American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 
10.10 (a)(3), of the intent to repatriate cultural items in the 
possession of the U.S. Department of Justice, Federal Bureau of 
Investigation (FBI), Louisville, KY, that meet the definition of 
``unassociated funerary object'' under Section 2 of the Act.
    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 
cultural items. The National Park Service is not responsible for the 
determinations within this notice.
    On February 18, 1999, a search warrant was executed at the home of 
Sean Adam Long near Madisonville, KY. Twenty-six items were recovered 
by FBI agents during the search that have been determined to meet the 
definition of unassociated funerary objects. These cultural items are 
14 animal bones, 1 item made from animal bone, 1 stone tubular pipe 
fragment, 1 fragment of a Caborn-Welborn ceramic pot (Late 
Mississippian Period), 1 coarse shell-tempered ceramic vessel with 
strap handles and with soot on exterior, 1 polished and drilled shell 
gorget, 1 polished bone tube, 1 box turtle carapace fragment, 1 marine 
gastropod, 1 Mississippian Plain water bottle, 1 polished stone atlatl 
weight, 1 cannel coal bead, and 1 black stone gorget.
    In an interview with FBI officials, Mr. Long indicated that the 
above-mentioned items were originally recovered from specific burial 
sites located in Kentucky.
    A detailed assessment of the unassociated funerary objects was made 
by University of Louisville Staff Archaeologist Philip J. DiBlasi in 
consultation with representatives of the Absentee-Shawnee Tribe of 
Indians of Oklahoma; Delaware Nation, Oklahama; Delaware Tribe of 
Indians, Oklahoma; Eastern Band of Cherokee Indians of North Carolina; 
Eastern Shawnee Tribe of Oklahoma; Miami Tribe of Oklahoma; Peoria 
Tribe of Indians of Oklahoma; and Shawnee Tribe, Oklahoma.
    Archeological evidence indicates that these items were most likely 
buried during the Prehistoric period (before A.D. 1740). Archeological 
and historical evidence indicates that the Native American population 
that lived in Kentucky during the Prehistoric period is ancestral to 
the present-day Delaware Nation, Oklahoma; Delaware Tribe of Indians, 
Oklahoma; Eastern Band of Cherokee Indians of North Carolina; Miami 
Tribe of Oklahoma; and Peoria Tribe of Indians of Oklahoma.
    On March 7, 2001, Sean Adam Long pleaded guilty in U.S. District 
Court in Owensboro, KY to three counts of illegal trafficking in Native 
American human remains [18 U.S.C. 1170 (a)] and one count of knowingly 
making a materially false, fictitious, or fraudulent statement or 
representation [18 U.S.C. 1001]. A single count of trafficking in 
interstate or foreign commerce in archaeological resources the 
excavation, removal, sale, purchase, exchange, transportation or 
receipt of which was wrongful under State or local law [16 U.S.C. 470ee 
(c)] was dismissed in return for Long's plea to making a false 
statement to FBI agents.
    Based on the above-mentioned information, FBI officials determined 
that, pursuant to 43 CFR 10.2 (d)(2)(ii), these 26 cultural items are 
reasonably believed to have been placed with or near individual human 
remains at the time of death or later as part of a death rite or 
ceremony and are believed to have been removed from specific burial 
sites of Native American individuals. FBI officials determined that, 
pursuant to 43 CFR 10.2 (e), there is a relationship of shared group 
identity that can be reasonably traced between these unassociated 
funerary objects and the Delaware Nation, Oklahoma; Delaware Tribe of 
Indians, Oklahoma; Eastern Band of Cherokee Indians of North Carolina; 
Miami Tribe of Oklahoma; and Peoria Tribe of Indians of Oklahoma.

[[Page 55422]]

    Two other items seized during the search of Mr. Long's residence do 
not appear to meet the statutory definition of ``associated funerary 
object.'' Officials of the FBI have determined, pursuant to standard 
practice regarding personal property, Manual of Administrative 
Operations and Procedures, Sect. 2-4.4.1 (5), that these two items are 
subject to return to the appropriate Indian tribe.
    This notice has been sent to officials of the Absentee-Shawnee 
Tribe of Indians of Oklahoma; Delaware Nation, Oklahoma; Delaware Tribe 
of Indians, Oklahoma; Eastern Band of Cherokee Indians of North 
Carolina; Eastern Shawnee Tribe of Oklahoma; Miami Tribe of Oklahoma; 
Peoria Tribe of Indians of Oklahoma; and Shawnee Tribe, Oklahoma. 
Representatives of any other Indian tribe that believes itself to be 
culturally affiliated with these unassociated funerary objects should 
contact Randy Ream, Assistant United States Attorney, 510 West 
Broadway, 10th Floor, Louisville, KY 40202, phone (502) 582-5911, 
before September 30, 2002. Repatriation of these unassociated funerary 
objects to the Delaware Nation, Oklahoma; Delaware Tribe of Indians, 
Oklahoma; Eastern Band of Cherokee Indians of North Carolina; Miami 
Tribe of Oklahoma; and Peoria Tribe of Indians of Oklahoma may begin 
after that date if no additional claimants come forward.

    Dated: August 1, 2002
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-21997 Filed 8-28-02; 8:45 am]
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