[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Pages 40365-40366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15906]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion: U.S. Department of the Interior, 
National Park Service, Effigy Mounds National Monument, Harpers Ferry, 
IA

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. 3003, of the 
completion of an inventory of human remains and associated funerary 
object in the possession of the U.S. Department of the Interior, 
National Park Service, Effigy Mounds National Monument, Harpers Ferry, 
IA. The human remains and associated funerary objects were removed from 
Allamakee and Clayton Counties, IA.
    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 
superintendent, Effigy Mounds National Monument.
    A detailed assessment of the human remains and associated funerary 
object was made by Effigy Mounds National Monument professional staff 
and Iowa Office of the State Archeologist professional staff in 
consultation with representatives of the Ho-Chunk Nation of Wisconsin; 
Iowa Tribe of Kansas and Nebraska; Iowa Tribe of Oklahoma; Lower Sioux 
Indian Community in the State of Minnesota; Otoe-Missouria Tribe of 
Indians, Oklahoma; Prairie Island Indian Community in the State of 
Minnesota; Sac & Fox Nation of Missouri in Kansas and Nebraska; Sac & 
Fox Nation, Oklahoma; Sac & Fox Tribe of the Mississippi in Iowa; 
Shakopee Mdewakanton Sioux Community of Minnesota; Upper Sioux 
Community, Minnesota; and Winnebago Tribe of Nebraska.
    In the early 1970s, human remains representing a minimum of six 
individuals were removed from HWY 76 Rockshelter in Clayton County, IA, 
by National Park Service archeologist Wilfred Logan. No known 
individuals were identified. No associated funerary objects are 
present.
    The HWY 76 Rockshelter site was described by Logan as a Late 
Woodland Period site representing a partial village complex of people 
who used effigy mounds for burial purposes.
    In 1951 and 1952, human remains representing a minimum of one 
individual were removed from Spike Hollow Rockshelter in Allamakee 
County, IA, by National Park Service archeologist Wilfred Logan. No 
known individual was identified. No associated funerary objects are 
present.
    Spike Hollow Rockshelter is a multicomponent site that contained 
both Oneota and Woodland artifacts.
    In 1960, human remains representing a minimum of one individual 
were removed from Marquette-Yellow River Mound Group No. 9 in Clayton 
County, IA, during restoration work on Mound 66 by monument personnel. 
No known individual was identified. The one associated funerary object 
is a finely worked biface with one notch.
    The site consists of a bear effigy mound, a bird effigy mound, and 
a compound mound of seven conjoined conicals and is presumed to be of 
the Woodland Period based on other cultural material from the site.
    On the basis of archeological context, material culture, and 
geographic location, the mounds at Effigy Mounds National Monument have 
been identified as belonging to the Late Woodland Period culture (1700-
750 B.P.). The Oneota culture (800-300 B.P.), which replaced the Effigy 
Mounds culture, occupied the area surrounding Effigy Mounds National 
Monument and is identified as being clearly ancestral to the Ho-Chunk 
Nation of Wisconsin; Iowa Tribe of Kansas and Nebraska; Iowa Tribe of 
Oklahoma; Otoe-Missouria Tribe of Indians, Oklahoma; and Winnebago 
Tribe of Nebraska. Linguistic, oral tradition, temporal and geographic 
evidence reasonably indicates that the following Sioux Indian tribes 
possess ancestral ties to the Effigy Mounds National Monument region 
and the human remains and associated funerary object described above: 
Lower Sioux Indian Community in the State of Minnesota; Prairie Island 
Indian Community in the State of Minnesota; Shakopee Mdewakanton Sioux 
Community of Minnesota; and Upper Sioux Community, Minnesota.
    The Treaty of September 21, 1832 (Stat. L. VII, 374) between the 
Sauk and Fox and the United States, a cession required of the Sauk and 
Fox as indemnity for the expenses of the Black Hawk War, demonstrates 
that the Sac & Fox Nation of Missouri in Kansas and Nebraska; Sac & Fox 
Nation of Oklahoma; and Sac & Fox Tribe of the Mississippi in Iowa are 
the aboriginal occupants of the lands encompassing the present-day 
Effigy Mounds National Monument. Based upon an examination of the 
historical and geographical information, officials of Effigy Mounds 
National Monument determined that the Sac & Fox Nation of Missouri in 
Kansas and Nebraska; Sac & Fox Nation of Oklahoma; and Sac & Fox Tribe 
of the Mississippi in Iowa share a historic and continuing affiliation 
with Effigy Mounds National Monument lands, but do not possess a 
cultural affiliation with the human remains and associated funerary 
object described above.
    Officials of Effigy Mounds National Monument have determined that, 
pursuant to 25 U.S.C. 3001 (9-10), the human remains described above 
represent the physical remains of eight individuals of Native American 
ancestry. Officials of Effigy Mounds National Monument also have 
determined that, pursuant to 25 U.S.C. 3001 (3)(A), the one object 
described above is 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 Effigy Mounds National 
Monument 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 Native American human remains and associated funerary 
object and the Ho-Chunk Nation of Wisconsin; Iowa Tribe of Kansas and 
Nebraska; Iowa Tribe of Oklahoma; Lower Sioux Indian Community in the 
State of Minnesota; Otoe-Missouria Tribe of Oklahoma; Prairie Island 
Indian Community in the State of Minnesota; Shakopee Mdewakanton Sioux 
Community of Minnesota; Upper Sioux Community, Minnesota; and Winnebago 
Tribe of Nebraska.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains and associated funerary 
object should contact Phyllis Ewing, superintendent, Effigy Mounds 
National Monument, 151 HWY 76, Harpers Ferry, IA 52146, telephone (563) 
873-3491, before August 13, 2008. Repatriation of the

[[Page 40366]]

human remains and associated funerary object to the Ho-Chunk Nation of 
Wisconsin; Iowa Tribe of Kansas and Nebraska; Iowa Tribe of Oklahoma; 
Lower Sioux Indian Community in the State of Minnesota; Otoe-Missouria 
Tribe of Oklahoma; Prairie Island Indian Community in the State of 
Minnesota; Shakopee Mdewakanton Sioux Community of Minnesota; Upper 
Sioux Community, Minnesota; and Winnebago Tribe of Nebraska may proceed 
after that date if no additional claimants come forward.
    Effigy Mounds National Monument is responsible for notifying the 
Ho-Chunk Nation of Wisconsin; Iowa Tribe of Kansas and Nebraska; Iowa 
Tribe of Oklahoma; Lower Sioux Indian Community in the State of 
Minnesota; Otoe-Missouria Tribe of Indians, Oklahoma; Prairie Island 
Indian Community in the State of Minnesota; Sac & Fox Nation of 
Missouri in Kansas and Nebraska; Sac & Fox Nation, Oklahoma; Sac & Fox 
Tribe of the Mississippi in Iowa; Shakopee Mdewakanton Sioux Community 
of Minnesota; Upper Sioux Community, Minnesota; and Winnebago Tribe of 
Nebraska that this notice has been published.

    Dated: May 30, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8-15906 Filed 7-11-08; 8:45 am]
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