[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Page 51563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20963]



[[Page 51563]]

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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-10892; 2200-1100-665]


Notice of Inventory Completion: University of Washington, 
Department of Anthropology, Seattle, WA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The University of Washington, Department of Anthropology, has 
completed an inventory of human remains and associated funerary 
objects, in consultation with the appropriate Indian tribes, and has 
determined that there is no cultural affiliation between the remains 
and any present-day Indian tribe. Representatives of any Indian tribe 
that believes itself to be culturally affiliated with the human remains 
may contact the Burke Museum acting on behalf of the University of 
Washington, Department of Anthropology. Disposition of the human 
remains and associated funerary objects to the Indian tribes stated 
below may occur if no additional requestors come forward.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the human remains should contact the 
University of Washington at the address below by September 24, 2012.

ADDRESSES: Peter Lape, Burke Museum, University of Washington, Box 
353010, Seattle, WA 98195, telephone (206) 685-3849.

SUPPLEMENTARY INFORMATION: 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 objects under the control of the University of 
Washington, Department of Anthropology. The human remains and 
associated funerary objects were removed from an unknown location in 
South Carolina.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). The determinations in this notice are the sole 
responsibility of the museum, institution, or Federal agency that has 
control of the Native American human remains. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by the 
University of Washington, Department of Anthropology and the Burke 
Museum professional staff in consultation with representatives of 
Catawba Indian Nation (aka Catawba Tribe of South Carolina); Cherokee 
Nation, Oklahoma; Eastern Band of Cherokee Indians of North Carolina; 
and the United Keetoowah Band of Cherokee Indians in Oklahoma.

History and Description of the Remains

    At unknown date, human remains representing, at minimum, seven 
individuals were removed from an unknown location in South Carolina. It 
is believed that they were collected by Dr. Daris Swindler prior to his 
appointment at the University of Washington in 1968. No known 
individuals were identified. The one associated funerary object is a 
bag containing non-human bone fragments, soil, seven shell fragments, 
charcoal, and unmodified stones.

Determinations Made by the University of Washington, Department of 
Anthropology

    Officials of the University of Washington, Department of 
Anthropology have determined that:
     Based on the cranial morphology and documentation records, 
the human remains are Native American.
     Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains and any present-day Indian tribe.
     According to final judgments of the Indian Claims 
Commission, the land from which the Native American human remains and 
associated funerary objects were removed is the aboriginal land of the 
Cherokee. The Cherokee are represented by the modern day Cherokee 
Nation, Oklahoma; Eastern Band of Cherokee Indians of North Carolina; 
and the United Keetoowah Band of Cherokee Indians in Oklahoma.
     Multiple lines of evidence, including treaties, Acts of 
Congress, and Executive Orders, indicate that the land from which the 
Native American human remains and associated funerary objects were 
removed is also the aboriginal land of the Catawba Indian Nation (aka 
Catawba Tribe of South Carolina). The Catawba and the King of England 
entered into the Treaty of Fort Augusta in 1763. This treaty guaranteed 
the Catawba 144,000 acres of land in South Carolina, while ceding the 
remaining portion of their claim to South Carolina. Later in 1840, the 
Catawba attempted to sell these 144,000 acres to the State of South 
Carolina in the Treaty of Nation Ford. The Treaty of Nation Ford was 
nullified by the Federal Government stating that the State did not have 
authority to enter into this agreement. In 1993, the Catawba settled 
with the Federal Government and the State of South Carolina. Congress 
ratified this settlement.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of seven individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 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.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains is to Catawba Indian Nation (aka Catawba Tribe of South 
Carolina); Cherokee Nation, Oklahoma; Eastern Band of Cherokee Indians 
of North Carolina; and the United Keetoowah Band of Cherokee Indians in 
Oklahoma.

Additional Requestors and Disposition

    Representatives of any Indian tribe that believes itself to be 
culturally affiliated with the human remains or any other Indian tribe 
that believes it satisfies the criteria in 43 CFR 10.11(c)(1) should 
contact Peter Lape, Burke Museum, University of Washington, Box 353010, 
Seattle, WA 98195, telephone (206) 685-3849, before September 24, 2012. 
Disposition of the human remains to the Catawba Indian Nation (aka 
Catawba Tribe of South Carolina); Cherokee Nation, Oklahoma; Eastern 
Band of Cherokee Indians of North Carolina; and the United Keetoowah 
Band of Cherokee Indians in Oklahoma may proceed after that date if no 
additional requestors come forward.
    The University of Washington, Department of Anthropology is 
responsible for notifying the Catawba Indian Nation (aka Catawba Tribe 
of South Carolina); Cherokee Nation, Oklahoma; Eastern Band of Cherokee 
Indians of North Carolina; and the United Keetoowah Band of Cherokee 
Indians in Oklahoma that this notice has been published.

    Dated: July 23, 2012.
Melanie O'Brien,
Acting Manager, National NAGPRA Program.
[FR Doc. 2012-20963 Filed 8-23-12; 8:45 am]
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