[Federal Register Volume 67, Number 168 (Thursday, August 29, 2002)]
[Notices]
[Pages 55428-55429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21998]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion for Native American Human Remains 
and Associated Funerary Object 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 
10.9, of the completion of an inventory of Native American human 
remains and associated funerary object in the possession of the U.S. 
Department of Justice, Federal Bureau of Investigation (FBI), 
Louisville, KY.
    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 University 
of Louisville Staff Archaeologist Philip J. DiBlasi in consultation 
with representatives of the Absentee-Shawnee Tribe of Indians of 
Oklahoma; Delaware Nation, Oklahoma; Delaware Tribe of Indians, 
Oklahoma; Eastern Shawnee Tribe of Oklahoma; Miami Tribe of Oklahoma; 
Peoria Tribe of Indians of Oklahoma; and Shawnee Tribe, Oklahoma.
    On January 27, 1999, a human cranium was recovered by FBI agents 
from Sean Adam Long. These human remains were purchased from Mr. Long 
by FBI agents acting in an undercover capacity. On February 18, 1999, a 
search warrant was executed at Mr. Long's home near Madisonville, KY. 
Additional human remains were recovered by FBI agents during the 
search. The human remains consist of two human crania and two human 
teeth. One associated funerary object was also recovered during the 
search. Osteological assessment of the human remains recovered on 
January 27 and February 18, 1999, indicate that they represent five 
individuals of Native American ancestry. No known individuals were 
identified.
    A label on the interior of the box in which one cranium was 
recovered reads ''Caldwell County.'' Information provided by Mr. Long 
indicates these human remains were excavated from an archeological site 
in Caldwell County, KY. Osteological evidence indicates that these 
human remains 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 Caldwell County, KY 
during the Prehistoric period is ancestral to the present-day Delaware 
Nation, Oklahoma; Delaware Tribe of Indians, Oklahoma; and Peoria Tribe 
of Indiana of Oklahoma.
    Information provided by Mr. Long indicates that the two teeth 
representing two individuals were excavated from archeological sites in 
western Kentucky. Osteological evidence indicates that these human 
remains 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 western Kentucky during the 
Prehistoric period is ancestral to the present-day Delaware Nation, 
Oklahoma; Delaware Tribe of Indians, Oklahoma; and Peoria Tribe of 
Indians of Oklahoma.
    The associated funerary object recovered on February 18, 1999, 
consists of fragments of one spherical shaped pottery vessel. The 
vessel is 4-5 inches in diameter and has two strap handles. Vessels of 
this type are almost exclusively found with sub-adults buried during 
the Mississipian period (A.D. 1250-1700). This funerary object is 
believed to have been associated with the human remains recovered from 
a site in western Kentucky. Archeological and historical evidence 
indicates that the Mississipian period population that lived in western 
Kentucky is ancestral to the present-day Delaware Nation, Oklahoma; 
Delaware Tribe of Indians, Oklahoma; and Peoria Tribe of Indiana of 
Oklahoma.
    The determination of cultural affiliation for the remains of the 
two other individuals is included in a separate Federal Register 
notice.
    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)]

[[Page 55429]]

was dismissed in return for Mr. 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)(1), the human remains listed above 
represent the physical remains of three individuals of Native American 
ancestry. FBI officials also determined that, pursuant to 43 CFR 10.2 
(d)(2)(i), the object listed above is 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 to have been made 
exclusively for burial purposes. Lastly, 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 the three Native 
American human remains and one associated funerary object from and the 
Peoria Tribe of Indians of Oklahoma; Delaware Nation, Oklahoma; and 
Delaware Tribe of Indians, Oklahoma.
    This notice has been sent to officials of the Absentee-Shawnee 
Tribe of Indians of Oklahoma; Delaware Nation, Oklahama; Delaware Tribe 
of Indians, Oklahoma; 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 human remains and 
associated funerary object 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 the 
human remains and associated funerary object to the Peoria Tribe of 
Indians of Oklahoma; Delaware Nation, Oklahoma; and Delaware Tribe of 
Indians, Oklahoma may begin after that date if no additional claimants 
come forward.

    Dated: August 1, 2002.
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-21998 Filed 8-28-02; 8:45 am]
BILLING CODE 4310-70-S