[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Notices]
[Pages 30967-30968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11989]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: University of New 
Hampshire, Durham, NH

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 University of New 
Hampshire, Durham, NH, that meet the definition of ``unassociated 
funerary objects'' 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 University of New Hampshire has consulted with the Western 
Abenaki coalition representatives of the Abenaki Nation of New 
Hampshire, a non-federally recognized Indian group, and Cowasuck Band 
of the Pennacook-Abenaki People, a non-federally recognized Indian 
group. The University of New Hampshire also engaged Independent 
Archeological Consulting, LLC, which performed an inventory of the 
entire University of New Hampshire collection and issued a report in 
2006.
    In March 1999, the New Hampshire Division of Historical Resources, 
acting on behalf of the University of New Hampshire and three other 
museums, presented a disposition proposal to the NAGPRA Review 
Committee for culturally unidentifiable Native American human remains. 
The Review Committee considered the proposal at its May 1999 meeting. 
On January 11, 2000, the Departmental Consulting Archeologist, writing 
on behalf of the Secretary of the Interior, transmitted the 
authorization to effect disposition. The published Notice of Inventory 
Completion for the disposition of the human remains to the Abenaki 
Nation of Missisquoi on behalf of a coalition of Western Abenaki 
groups, including the Abenaki Nation of New Hampshire and Cowasuck Band 
of the Pennacook-Abenaki People, non-federally recognized Indian 
groups, is in the Federal Register of July 9, 2002 (FR Doc 02-17090, 
pages 45536-45539). After disposition of the human remains, the 
University of New Hampshire found funerary objects that had been 
associated with the human remains. Under NAGPRA, 43 CFR 10.2 
(d)(2)(ii), the funerary objects are now considered to be unassociated 
funerary objects.
    In 1975, human remains representing a minimum of four individuals 
were removed from the Rocks Road site (also known as the Seabrook 
Station site), Rockingham County, NH, 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. The human 
remains were repatriated to the Abenaki Nation of Missisquoi on behalf 
of a coalition of Western Abenaki groups. Subsequently, the University 
of New Hampshire discovered among its collections certain cultural 
items associated with these burials, but not previously reported. The 
10 unassociated funerary objects are one lot of 4 pottery sherds and 
one lot of 6 lithic materials (including copper points recorded but 
missing). The University also discovered 13 boxes of soil infill from 
these burials.
    During consultation, representatives of the Abenaki Nation of New 
Hampshire, a non-federally recognized Indian group, and Cowasuck Band 
of the Pennacook-Abenaki People, a non-federally recognized Indian 
group, reviewed the collection and identified the cultural items as 
funerary objects associated with the Rocks Road burials.
    The Rocks Road site has a radiocarbon date from associated charcoal 
of 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.
    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. The human remains were dispositioned to the Abenaki 
Nation of Missisquoi on behalf of a coalition of Western Abenaki 
groups. Subsequently, the University of New Hampshire discovered among 
its collections certain cultural items associated with these burials, 
but not previously reported. The 19 unassociated funerary objects are 
one lot of 10 lithic materials (including several rocks recorded but 
missing) and one lot of 9 faunal remains (not including swordfish 
swords reported but missing).
    During consultation, representatives of the Abenaki Nation of New 
Hampshire, a non-federally recognized Indian group, and Cowasuck Band 
of the Pennacook-Abenaki People, a non-federally recognized Indian 
group, reviewed the collection and identified the cultural items as 
funerary objects associated with the Seabrook Marsh burials. The 
Independent Archeological Consulting, LLC report speculates that one 
lithic artifact (a small quartzite blade of a projectile point) may be 
associated with one of the three burials and is included in the lot of 
lithic materials.
    The Seabrook Marsh 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.
    Officials of the University of New Hampshire have determined that, 
pursuant to 25 U.S.C. 3001 (3)(B), the 29 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

[[Page 30968]]

specific burial site of a Native American individual. Officials of the 
University of New Hampshire also have determined that, pursuant to 25 
U.S.C. 3001 (2), there is a relationship of shared group identity that 
can be reasonably traced between the unassociated funerary objects and 
the Abenaki Nation of New Hampshire, a non-federally recognized Indian 
group, and Cowasuck Band of the Pennacook-Abenaki People, a non-
federally recognized Indian group.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Bruce Mallory, Provost and Executive Vice President, University 
of New Hampshire, Thompson Hall 207, Durham, NH 03824, telephone (603) 
862-3290, before June 30, 2008. Disposition of the unassociated 
funerary objects to the Abenaki Nation of New Hampshire, a non-
federally recognized Indian group, and the Cowasuck Band of the 
Pennacook-Abenaki People, a non-federally recognized Indian group, may 
proceed after that date if no additional claimants come forward.
    The University of New Hampshire is responsible for notifying the 
Aroostook Band of Micmac Indians of Maine; Houlton Band of Maliseet 
Indians of Maine; Mashpee Wampanoag Tribe; Passamadquoddy Tribe of 
Maine; Penobscot Tribe of Maine; Wampanoag Tribe of Gay Head (Aquinnah) 
of Massachusetts; Abenaki Nation of Missisquoi, non-federally 
recognized Indian group; Abenaki Nation of New Hampshire, non-federally 
recognized Indian group; Cowasuck Band of the Pennacook-Abenaki People, 
a non-federally recognized Indian group; First Nation of New Hampshire, 
a non-federally recognized Indian group; and Wampanoag Confederacy, a 
non-federally recognized Indian group, that this notice has been 
published.

    Dated: April 29, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8-11989 Filed 5-28-08; 8:45 am]
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