[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19301-19302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07356]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-12434; PCU00RP14.R50000-PPWOCRADN0]


Notice of Inventory Completion: University of Pennsylvania Museum 
of Archaeology and Anthropology, Philadelphia, PA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The University of Pennsylvania Museum of Archaeology and 
Anthropology has completed an inventory of human remains, in 
consultation with the appropriate Indian tribes, and has determined 
that there is a cultural affiliation between the human remains and 
present-day Indian tribes. Representatives of any Indian tribe that 
believes itself to be culturally affiliated with the human remains may 
contact the University of Pennsylvania Museum of Archaeology and 
Anthropology. Repatriation of the human remains to the Indian tribes 
stated below may occur if no additional claimants come forward.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the human remains should contact the 
University of Pennsylvania Museum of Archaeology and Anthropology at 
the address below by April 29, 2013.

ADDRESSES: Dr. Julian Siggers, University of Pennsylvania Museum of 
Archaeology and Anthropology, Philadelphia, PA 19104-6324, telephone 
(215) 898-4050.

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 in the 
possession of the University of Pennsylvania Museum of Archaeology and 
Anthropology, Philadelphia, PA. The human remains were removed from 
unknown sites in Polk County, TN, Gilmer County, GA, and Cherokee 
County, NC.
    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 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 Pennsylvania Museum of Archaeology and Anthropology 
professional staff in consultation with representatives of the Cherokee 
Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band 
of Cherokee Indians in Oklahoma.

History and Description of the Remains

    At an unknown date, human remains representing, at minimum, two 
individuals were removed by an unknown individual from a cave near the 
Hiwassee River between Fort Butler in Murphy, NC, and Fort Cass in 
Charleston, TN, near Springtown, (today Reliance) in Polk County, TN. 
According to museum and archival documents, the remains were discovered 
in a cave near an ancient battleground north of the Hiwassee River. No 
known individuals were identified. No associated funerary objects are 
present.
    At an unknown date, human remains representing, at minimum, two 
individuals were removed from an

[[Page 19302]]

unknown location near the town of Ellijay, along the Ellijay River, in 
Gilmer County, GA, by an unknown individual. Museum documentation 
indicates the remains were not buried and may have been removed from a 
cave or rock-shelter context. No known individuals were identified. No 
associated funerary objects are present.
    Dr. Joel Martin, U.S. Army Medical Director at Fort Cass, obtained 
all of the remains above sometime after May 16, 1838, but prior to 
August 1, 1838. Dr. Martin subsequently sent the remains to Dr. Samuel 
G. Morton, who accessioned these remains into his collection prior to 
1839. From approximately 1830 until Dr. Morton's death in 1851, the 
Academy of Natural Sciences in Philadelphia provided storage space for 
Dr. Morton's collection.
    At an unknown date prior to June 1846, human remains representing, 
at minimum, two individuals were removed from a mound in Cherokee 
County, NC, by Dr. James F.E. Hardy of Asheville, NC. Dr. Hardy sent 
the remains to Dr. Samuel G. Morton for inclusion in his study of human 
crania. Dr. Morton donated the remains to the Academy of Natural 
Sciences in Philadelphia on June 9, 1846. Archival documentation 
describes one of the individuals as ``an Indian well known in the 
County * * * He was one of the greatest ball players in his tribe. 
While playing ball he slipped & fell & dislocated his spine & died 
immediately.'' Museum documentation and a physical assessment of the 
remains identified trauma consistent with the injuries in this account 
and injuries one might receive while playing the Cherokee stickball 
game. Historical records and consultation information give accounts of 
men being seriously injured and dying while playing the Cherokee 
stickball game. No known individuals were identified. No associated 
funerary objects are present.
    In 1853, Dr. Morton's collection, including all of the remains 
described above, was purchased from Dr. Morton's estate and formally 
presented to the Academy of Natural Sciences. In 1966, Dr. Morton's 
collection was loaned to the University of Pennsylvania Museum of 
Archaeology and Anthropology. In 1997, the collection was formally 
gifted to the University of Pennsylvania Museum.
    The human remains have been identified as Native American based on 
the specific cultural and geographic attribution in the museum records. 
Collector's records, museum documentation, and published sources 
(Morton 1839, 1840, and 1849; Meigs 1857) identify the human remains 
above as Cherokee. According to consultation information, historically, 
the Cherokee buried their deceased; however, certain circumstances may 
have prevented this from happening. Thus, consultation and archival 
documentation reveal that human remains found in cave or rock shelter 
contexts are not uncommon during the Historic Period when forced 
removal and epidemics resulted in the deaths of many Cherokee 
individuals beginning in 1735 through the Removal Period. Scholarly 
publications, land cession records, and consultation information 
indicate that the areas from which the human remains were removed are 
within the traditional aboriginal territory of the Cherokee Indians and 
many known historic Cherokee occupation sites within these areas have 
been identified.

Determinations Made by the University of Pennsylvania Museum of 
Archaeology and Anthropology

    Officials of the University of Pennsylvania Museum of Archaeology 
and Anthropology have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of six individuals of 
Native American ancestry.
     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 the Cherokee Nation; Eastern Band of 
Cherokee Indians; 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 should contact Dr. Julian 
Siggers, Director, University of Pennsylvania Museum of Archaeology & 
Anthropology, University of Pennsylvania, 3260 South Street, 
Philadelphia, PA 19104, telephone (215) 898-4050, before April 29, 
2013. Repatriation of the human remains to the Cherokee Nation; Eastern 
Band of Cherokee Indians; and the United Keetoowah Band of Cherokee 
Indians in Oklahoma may proceed after that date if no additional 
claimants come forward.
    The University of Pennsylvania Museum of Archaeology & Anthropology 
is responsible for notifying the Cherokee Nation; Eastern Band of 
Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in 
Oklahoma that this notice has been published.

    Dated: February 26, 2013.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2013-07356 Filed 3-28-13; 8:45 am]
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