[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24758-24760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6268]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: South Dakota State 
Historical Society, Archaeological Research Center, Rapid City, SD

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is here given in accordance with the Native American Graves 
Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent 
to repatriate cultural items in the possession of the South Dakota 
State Historical Society, Archaeological Research Center, Rapid City, 
SD, that meet the definition of ``unassociated funerary object'' under 
25 U.S.C. 3001.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). 
The determinations in this notice are the sole responsibility of the 
museum, institution, or Federal agency that has control of the cultural 
items. The National Park Service is not responsible for the 
determinations in this notice.
    The 14 cultural items are 2 unmodified freshwater bivalve shells, 1 
lot of charred wood fragments, 1 lot of bone beads, 1 lot of flint 
flakes, 1 shell bead, and 8 shell pendants removed from Gregory and 
Roberts Counties, SD.
    A detailed assessment of the cultural items was made by the 
Archaeological Research Center's professional staff in consultation 
with representatives of the Cheyenne River Sioux Tribe of the Cheyenne 
River Reservation, South Dakota; Crow Creek Sioux Tribe of the Crow 
Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South 
Dakota; Iowa Tribe of Oklahoma; Lower Sioux Indian Community in the 
State of Minnesota; Northern Cheyenne Tribe of the Northern Cheyenne 
Indian Reservation, Montana; Oglala Sioux Tribe of the Pine Ridge 
Reservation, South Dakota; Omaha Tribe of Nebraska; Otoe-Missouria 
Tribe of Indians, Oklahoma; Prairie Island Indian

[[Page 24759]]

Community in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud 
Indian Reservation, South Dakota; Sac & Fox Tribe of the Mississippi in 
Iowa; Santee Sioux Nation, Nebraska; Sisseton-Wahpeton Oyate of the 
Lake Traverse Reservation, South Dakota; Three Affiliated Tribes of the 
Fort Berthold Reservation, North Dakota; Upper Sioux Indian Community, 
Minnesota; and Yankton Sioux Tribe of South Dakota.
    In 1923, 11 cultural objects were removed from Daugherty Mounds, 
39RO10, in Roberts County, SD, by W.H. Over Museum personnel. The 11 
cultural items are 1 lot of bone beads, 1 lot of flint flakes, 1 shell 
bead, and 8 shell pendants, which were found in association with 
burials. The cultural items were curated at W.H. Over Museum and then 
transferred to the Archaeological Research Center in 1974. The human 
remains with which the 11 cultural items were originally associated 
were reburied in the mound at the close of the excavation in 1923.
    The Daugherty Mounds date to the Woodland period (A.D. 500 - A.D. 
1100).
    In 1941, three cultural items were removed from the Scalp Creek 
site, 39GR1, in Gregory County, SD, by E.E. Meleen from the W.H. Over 
Museum, Vermillion, SD, as part of a Works Projects Administration 
project. The three cultural items are two unmodified freshwater bivalve 
shells and one lot of charred wood fragments, which were found in 
association with burials. The cultural items were curated at W.H. Over 
Museum and then transferred to the Archaeological Research Center in 
1974. The human remains with which the lot of charred wood fragments 
were originally associated were reburied in the mound at the close of 
the excavation in 1941. The human remains with which the two unmodified 
freshwater bivalve shells were originally associated were reburied 
along the Missouri River near Fort Pierre in 1986.
    The Scalp Creek site dates to the Late Woodland period (A.D. 800 - 
A.D. 1200) and the Extended Coalescent Tradition (A.D. 1500 - A.D. 
1675).
    Evaluation of documentation from the excavation of the Daugherty 
Mounds and Scalp Creek sites indicates that the cultural items were 
found in association with Native American human remains. Other human 
remains from the Daugherty Mounds and Scalp Creek sites that remain in 
the possession and control of the Archaeological Research Center have 
been identified as Native American based on physical anthropological 
assessment, manner and location of burial, and types of funerary 
objects associated with the human remains.
    The Daugherty Mounds and Scalp Creek sites are located within Sioux 
aboriginal land as determined by the Indian Claims Commission and shown 
on the map of Indian Land Areas Judicially Established (1978). The 
Sioux are represented today by the Cheyenne River Sioux Tribe of the 
Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe of the 
Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of 
South Dakota; Lower Sioux Indian Community in the State of Minnesota; 
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Prairie 
Island Indian Community in the State of Minnesota; Rosebud Sioux Tribe 
of the Rosebud Indian Reservation, South Dakota; Santee Sioux Nation, 
Nebraska; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, 
South Dakota; Upper Sioux Indian Community, Minnesota; and Yankton 
Sioux Tribe of South Dakota.
    Based on historical documents, oral history, and archeological 
data, the Cheyenne, Iowa, Omaha, Otoe & Missouria, and Sac & Fox people 
also occupied what is now present-day South Dakota and the surrounding 
region, and are represented today by the Iowa Tribe of Oklahoma; 
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, 
Montana; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, 
Oklahoma; Sac & Fox Tribe of the Mississippi in Iowa; and Three 
Affiliated Tribes of the Fort Berthold Reservation, North Dakota.
    Officials of the Archaeological Research Center have determined 
that, pursuant to 25 U.S.C. 3001 (3)(B), the 14 cultural items 
described 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, and are believed, by a preponderance of the 
evidence, to have been removed from a specific burial site of Native 
American individuals. Officials of the Archaeological Research Center 
also have determined that, pursuant to 25 U.S.C. 3001 (2), a 
relationship of shared group identity cannot reasonably be traced 
between the cultural objects and any present-day Indian tribe.
    In July 2003, the Flandreau Santee Sioux Tribe of South Dakota 
submitted a request to the Archaeological Research Center for 
repatriation of the culturally unidentifiable human remains and 
funerary objects from eastern, central, and northwestern South Dakota, 
and southeastern Montana, including the 14 unassociated funerary 
objects from the Daugherty Mounds and Scalp Creek sites, on behalf of 
the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South 
Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation, South 
Dakota; Flandreau Santee Sioux Tribe of South Dakota; Iowa Tribe of 
Oklahoma; Lower Sioux Indian Community in the State of Minnesota; 
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, 
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South 
Dakota; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, 
Oklahoma; Prairie Island Indian Community in the State of Minnesota; 
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; 
Sac & Fox Tribe of the Mississippi in Iowa; Santee Sioux Nation, 
Nebraska; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, 
South Dakota; Three Affiliated Tribes of the Fort Berthold Reservation, 
North Dakota; Upper Sioux Indian Community, Minnesota; and Yankton 
Sioux Tribe of South Dakota.
    Pursuant to 43 CFR 10.9 (e)(6), museums and Federal agencies must 
retain possession of culturally unidentifiable human remains pending 
promulgation of 43 CFR 10.11 unless legally required to do otherwise or 
recommended to do otherwise by the Secretary of the Interior. The 
Native American Graves Protection and Repatriation Review Committee 
(Review Committee) is responsible for recommending specific actions for 
disposition of culturally unidentifiable human remains. In November 
2005, the Archaeological Research Center requested that the Review 
Committee recommend disposition of the culturally unidentifiable human 
remains and associated funerary objects from eastern, central, and 
northwestern South Dakota, and southeastern Montana to the Flandreau 
Santee Sioux Tribe of South Dakota on behalf of themselves and the 
Indian tribes listed above that comprise a consortium of 17 Indian 
tribes. The Review Committee considered the proposal at its November 
2005 meeting in Albuquerque, NM, and recommended disposition of the 
human remains and associated funerary objects to the tribal consortium. 
A November 23, 2005 letter from the Designated Federal Officer, on 
behalf of the chair of the Review Committee, to the Archaeological 
Research Center transmitted the Review Committee's recommendation that 
the Archaeological Research Center effect disposition of the culturally 
unidentifiable human remains and

[[Page 24760]]

associated funerary objects to the tribal consortium contingent on the 
publication of a Notice of Inventory Completion in the Federal 
Register.
    Disposition of unassociated funerary objects for which a 
relationship of shared group identity cannot be reasonably traced to a 
present-day Indian tribe does not require a recommendation from the 
Secretary. However, since these unassociated funerary objects were 
removed from two of the same sites for which human remains were already 
considered by the Review Committee, the Archaeological Research Center 
has decided to effect a similar disposition to the Flandreau Santee 
Sioux Tribe of South Dakota on behalf of the Cheyenne River Sioux Tribe 
of the Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe 
of the Crow Creek Reservation, South Dakota; the Flandreau Santee Sioux 
Tribe of South Dakota; Iowa Tribe of Oklahoma; Lower Sioux Indian 
Community in the State of Minnesota; Northern Cheyenne Tribe of the 
Northern Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe of 
the Pine Ridge Reservation, South Dakota; Omaha Tribe of Nebraska; 
Otoe-Missouria Tribe of Indians, Oklahoma; Prairie Island Indian 
Community in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud 
Indian Reservation, South Dakota; Sac & Fox Tribe of the Mississippi in 
Iowa; Santee Sioux Nation, Nebraska; Sisseton-Wahpeton Oyate of the 
Lake Traverse Reservation, South Dakota; Three Affiliated Tribes of the 
Fort Berthold Reservation, North Dakota; Upper Sioux Indian Community, 
Minnesota; and Yankton Sioux Tribe of South Dakota.
    Representatives of any Indian tribe that believes itself to be 
culturally affiliated with the 14 unassociated funerary objects should 
contact Renee M. Boen, Repository Manager, Archaeological Research 
Center, 2425 E. St. Charles St., Rapid City, SD 57703, telephone (605) 
394-1936, before May 26, 2006. Disposition of the unassociated funerary 
objects to the Flandreau Santee Sioux Tribe of South Dakota on behalf 
of the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, 
South Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation, 
South Dakota; Iowa Tribe of Oklahoma; Lower Sioux Indian Community in 
the State of Minnesota; Northern Cheyenne Tribe of the Northern 
Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe of the Pine 
Ridge Reservation, South Dakota; Omaha Tribe of Nebraska; Otoe-
Missouria Tribe of Indians, Oklahoma; Prairie Island Indian Community 
in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud Indian 
Reservation, South Dakota; Sac & Fox Tribe of the Mississippi in Iowa; 
Santee Sioux Nation, Nebraska; Sisseton-Wahpeton Oyate of the Lake 
Traverse Reservation, South Dakota; Three Affiliated Tribes of the Fort 
Berthold Reservation, North Dakota; Upper Sioux Indian Community, 
Minnesota; Yankton Sioux Tribe of South Dakota; and themselves, may 
proceed after that date if no additional claimants come forward.
    The Archaeological Research Center is responsible for notifying the 
Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South 
Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation, South 
Dakota; Flandreau Santee Sioux Tribe of South Dakota; Iowa Tribe of 
Oklahoma; Lower Sioux Indian Community in the State of Minnesota; 
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, 
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South 
Dakota; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, 
Oklahoma; Prairie Island Indian Community in the State of Minnesota; 
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; 
Sac & Fox Tribe of the Mississippi in Iowa; Santee Sioux Nation, 
Nebraska; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, 
South Dakota; Three Affiliated Tribes of the Fort Berthold Reservation, 
North Dakota; Upper Sioux Indian Community, Minnesota; and Yankton 
Sioux Tribe of South Dakota that this notice has been published.

    Dated: April 13, 2006.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E6-6268 Filed 4-25-06; 8:45 am]
BILLING CODE 4312-50-S