[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Notices]
[Pages 9831-9833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04913]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0027328; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Marshall University, Huntington, 
WV

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: Marshall University has completed an inventory of human 
remains and associated funerary objects, in consultation with the 
appropriate Indian Tribes or Native Hawaiian organizations, and has 
determined that there is no cultural affiliation between the human 
remains and associated funerary objects and any present-day Indian 
Tribes or Native Hawaiian organizations. Representatives of any Indian 
Tribe or Native Hawaiian organization not identified in this notice 
that wish to request transfer of control of these human remains and 
associated funerary objects should submit a written request to Marshall 
University. If no additional requestors come forward, transfer of 
control of the human remains and associated funerary objects to the 
Indian Tribes or Native Hawaiian organizations stated in this notice 
may proceed.

DATES: Representatives of any Indian Tribe or Native Hawaiian 
organization

[[Page 9832]]

not identified in this notice that wish to request transfer of control 
of these human remains and associated funerary objects should submit a 
written request with information in support of the request to Marshall 
University at the address in this notice by April 17, 2019.

ADDRESSES: Jendonnae Houdyschell, Associate General Counsel, Marshall 
University, One John Marshall Drive, Huntington, WV 25755-1060, 
telephone (304) 696-6704, email [email protected].

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 Marshall University, 
Huntington, WV. The human remains and associated funerary objects were 
removed from the Childers Site (46-MS-121), Mason County, WV, and an 
unknown location in southeast WV.
    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 and associated funerary 
objects. The National Park Service is not responsible for the 
determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by Marshall 
University professional staff in consultation with representatives of 
the Eastern Shawnee Tribe of Oklahoma; Saginaw Chippewa Indian Tribe of 
Michigan; and the United Keetoowah Band of Cherokee Indians in 
Oklahoma.
    An invitation to consult was extended to the Absentee-Shawnee Tribe 
of Indians of Oklahoma; Bad River Band of Lake Superior Tribe of 
Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills 
Indian Community, Michigan; Catawba Indian Nation (aka Catawba Tribe of 
South Carolina); Cayuga Nation; Cherokee Nation; Chickahominy Indian 
Tribe; Chickahominy Indian Tribe--Eastern Division; Chippewa Cree 
Indians of the Rocky Boy's Reservation, Montana (previously listed as 
the Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana); 
Delaware Nation, Oklahoma; Delaware Tribe of Indians; Eastern Band of 
Cherokee Indians; Grand Traverse Band of Ottawa and Chippewa Indians, 
Michigan; Kaw Nation, Oklahoma; Keweenaw Bay Indian Community, 
Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of 
Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of 
the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of 
Lake Superior Chippewa Indians of Michigan; Minnesota Chippewa Tribe, 
Minnesota (Six component reservations: Bois Forte Band (Nett Lake) (no 
invitation extended at request of Tribe); Fond du Lac Band; Grand 
Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band); 
Monacan Indian Nation; Nansemond Indian Tribe; Omaha Tribe of Nebraska; 
Oneida Nation (previously listed as the Oneida Tribe of Indians of 
Wisconsin); Oneida Indian Nation (previously listed as the Oneida 
Nation of New York); Onondaga Nation; Pamunkey Indian Tribe; Ponca 
Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska; Rappahannock 
Tribe, Inc.; Red Cliff Band of Lake Superior Chippewa Indians of 
Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saint Regis 
Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians 
of New York); Sault Ste. Marie Tribe of Chippewa Indians, Michigan; 
Seneca Nation of Indians (previously listed as the Seneca Nation of New 
York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga 
Tribe of Oklahoma); Shawnee Tribe; Sokaogon Chippewa Community, 
Wisconsin; St. Croix Chippewa Indians of Wisconsin; Stockbridge Munsee 
Community, Wisconsin; The Osage Nation (previously listed as the Osage 
Tribe); The Quapaw Tribe of Indians; Tonawanda Band of Seneca 
(previously listed as the Tonawanda Band of Seneca Indians of New 
York); Tunica-Biloxi Indian Tribe; Turtle Mountain Band of Chippewa 
Indians of North Dakota; Tuscarora Nation; Upper Mattaponi Tribe; and 
the Wyandotte Nation.
    Hereafter, all tribes listed in this section are referred to as 
``The Consulted and Notified Tribes.''

History and Description of the Remains

    In June and July 1979, human remains representing, at minimum, two 
individuals, were removed from the Childers site (46-MS-121), Mason 
County, WV, by the Marshall University Archaeological Field School as 
part of the environmental analysis for the Gallipolis Locks and Dam 
replacement project undertaken by the U.S. Army Corps of Engineers. A 
single box containing the human remains and cultural items was found in 
the Marshall University archeological collection in April 2018. No 
associated information could be located to indicate how the human 
remains and cultural items came to the University, although it is 
believed to have been after the early 1990s. The human remains 
represent one infant of indeterminate sex, and one adult of 
indeterminate sex. No known individuals were identified. The three 
associated funerary objects are: One lot faunal material, one lot 
ceramics, and one lot lithics.
    On an unknown date, human remains representing, at minimum, two 
individuals were removed from an unknown location in southeast WV. In 
April 2018, a box containing the human remains and cultural items was 
found in the Marshall University archeological collection. No 
associated information could be located to indicate where the human 
remains and cultural items were excavated, who excavated them, or how 
they came to the University. The human remains represent one sub-adult 
of indeterminate sex, and one child of indeterminate sex. No known 
individuals were identified. The six associated funerary objects are: 
One lot iron, one lot lithics, one lot ceramics, one lot faunal 
material, one lot charcoal, and one lot soil.

Determinations Made by the Marshall University

    Officials of Marshall University have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on the preservation of the 
bones and features of skeletal elements.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of four individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the nine objects 
described in this notice 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.
     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 associated funerary objects and any present-day 
Indian Tribe.
     Treaties, Acts of Congress, or Executive Orders, indicate 
that the land from which the Native American human remains and 
associated funerary objects were removed is the aboriginal land of the 
Absentee-Shawnee Tribe of Indians of Oklahoma; Cayuga Nation; Cherokee 
Nation; Chickahominy Indian Tribe; Chickahominy Indian Tribe--Eastern 
Division; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Eastern 
Band of Cherokee Indians; Eastern Shawnee

[[Page 9833]]

Tribe of Oklahoma; Monacan Indian Nation; Nansemond Indian Tribe; 
Oneida Nation (previously listed as the Oneida Tribe of Indians of 
Wisconsin); Oneida Indian Nation (previously listed as the Oneida 
Nation of New York); Onondaga Nation; Pamunkey Indian Tribe; 
Rappahannock Tribe, Inc.; Saint Regis Mohawk Tribe (previously listed 
as the St. Regis Band of Mohawk Indians of New York); Seneca Nation of 
Indians (previously listed as the Seneca Nation of New York); Seneca-
Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of 
Oklahoma); Shawnee Tribe; Stockbridge Munsee Community, Wisconsin; 
Tonawanda Band of Seneca (previously listed as the Tonawanda Band of 
Seneca Indians of New York); Tuscarora Nation; United Keetoowah Band of 
Cherokee Indians in Oklahoma; Upper Mattaponi Tribe; and the Wyandotte 
Nation, hereafter referred to as ``The Tribes.''
     Other authoritative governmental sources indicate that the 
land from which the Native American human remains and associated 
funerary objects were removed is the aboriginal land of the Bad River 
Band of Lake Superior Tribe of Chippewa Indians of the Bad River 
Reservation, Wisconsin; Bay Mills Indian Community, Michigan; Catawba 
Indian Nation (aka Catawba Tribe of South Carolina); Chippewa Cree 
Indians of the Rocky Boy's Reservation, Montana (previously listed as 
the Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana); 
Grand Traverse Band of Ottawa and Chippewa Indians, Michigan; Kaw 
Nation, Oklahoma; Keweenaw Bay Indian Community, Michigan; Lac Courte 
Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du 
Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau 
Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior 
Chippewa Indians of Michigan; Minnesota Chippewa Tribe, Minnesota (Six 
component reservations: Bois Forte Band (Nett Lake); Fond du Lac Band; 
Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth 
Band); Omaha Tribe of Nebraska; Ponca Tribe of Indians of Oklahoma; 
Ponca Tribe of Nebraska; Red Cliff Band of Lake Superior Chippewa 
Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; 
Saginaw Chippewa Indian Tribe of Michigan; Saint Regis Mohawk Tribe 
(previously listed as the St. Regis Band of Mohawk Indians of New 
York); Sault Ste. Marie Tribe of Chippewa Indians, Michigan; Sokaogon 
Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; 
The Osage Nation (previously listed as the Osage Tribe); The Quapaw 
Tribe of Indians; Tunica-Biloxi Indian Tribe; and the Turtle Mountain 
Band of Chippewa Indians of North Dakota, hereafter referred to as 
``The Aboriginal Tribes.''
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains and associated funerary objects may be to The Tribes and 
The Aboriginal Tribes.

Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization 
not identified in this notice that wish to request transfer of control 
of these human remains and associated funerary objects should submit a 
written request with information in support of the request to Jendonnae 
Houdyschell, Associate General Counsel, Marshall University, One John 
Marshall Drive, Huntington, WV 25755-1060, telephone (304) 696-6704, 
email [email protected], by April 17, 2019. After that date, if 
no additional requestors have come forward, transfer of control of the 
human remains and associated funerary objects to The Tribes and The 
Aboriginal Tribes may proceed.
    Marshall University is responsible for notifying The Consulted and 
Notified Tribes, The Tribes, and The Aboriginal Tribes that this notice 
has been published.

    Dated: February 12, 2019.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2019-04913 Filed 3-15-19; 8:45 am]
 BILLING CODE 4312-52-P