[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54163-54164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22044]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0028905; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: U.S. Army Corps of Engineers, 
Omaha District, Omaha, NE, and South Dakota State Archaeological 
Research Center, Rapid City, SD

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The U.S. Army Corps of Engineers, Omaha District (USACE, Omaha 
District) 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 the USACE Omaha District. 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 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 the USACE Omaha District at the address in this notice 
by November 8, 2019.

ADDRESSES: Ms. Sandra Barnum, U.S. Army Corps of Engineers, Omaha 
District, ATTN: CENWO-PMA-C, 1616 Capital Avenue, Omaha, NE 68102, 
telephone (402) 995-2674, email [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby 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 U.S. Army Corps of 
Engineers, Omaha District, Omaha, NE, and in the physical custody of 
the South Dakota State Archaeological Research Center, Rapid City, SD. 
The human remains and associated funerary objects were removed from 
sites 39BF0004 and 39BF0205/0206 in Buffalo County, SD.
    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 South Dakota 
State Archaeological Research Center (SARC) and USACE Omaha District 
professional staff in consultation with representatives of the Crow 
Creek Sioux Tribe of the Crow Creek Reservation, South Dakota and the 
Yankton Sioux Tribe of South Dakota (hereafter referred to as ``The 
Tribes'').

History and Description of the Remains

    In 1983, human remains representing, at minimum, six individuals 
were removed from site 39BF0004 in Buffalo County, SD. The human 
remains were collected and stored by Larson-Tibesar Associates at the 
request of the U.S. Army Corps of Engineers. In 1987, the collection 
was moved to SARC, where they are currently housed. No known 
individuals were identified. The 39 associated funerary objects are one 
ceramic rim sherd, four ceramic body sherds, 13 flakes, three pieces of 
yellow ochre, 16 shell fragments, one faunal (bison) bone fragment, and 
one shell disk ornament.
    In 1975, human remains representing, at minimum, one individual 
were removed from the vicinity of site 39BF0205/0206 in Buffalo County, 
SD. The human remains and funerary objects were discovered during a 
sewage line project and law enforcement was called. Crow Creek Tribal 
Law Enforcement Office and FBI collected the human remains and 
associated funerary objects. In 1982, the human remains and associated 
funerary objects were transferred to Steve Ruple, South Dakota State 
Historic Preservation Office. Ruple confirmed the human remains and 
associated funerary objects were from site 39BF0205/0206 on Army Corps 
of Engineers land and transferred the human remains and associated 
funerary objects to SARC. In February 2002, a human patella was found 
within the box of funerary objects at SARC. No known individual was 
identified. The 140 associated funerary objects are 110 ceramic body 
sherds, one lot of faunal (bison) bone fragments, two faunal (owl) bone 
fragments, five faunal (antelope) bone fragments, two faunal (dog) bone 
fragments, two faunal (deer) bone fragments, one faunal (prairie 
chicken) bone fragment, eight modified faunal (bison) bone fragments, 
one faunal bone (scapula) hoe, one lot of unidentified faunal bone 
fragments, one wedge, two lithic core shatter fragments, two unmodified 
rocks, one fire cracked rock, and one piece of chalcedony.

Determinations Made by the U.S. Army Corps of Engineers, Omaha District

    Officials of the U.S. Army Corps of Engineers, Omaha District have 
determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on archeological context, 
associated funerary objects, and morphological features of the human 
remains.
     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 179 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

[[Page 54164]]

associated funerary objects 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 
Yankton Sioux Tribe of South Dakota.
     Treaties and 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 Crow Creek Sioux Tribe of 
the Crow Creek Reservation, South Dakota and the Yankton Sioux Tribe of 
South Dakota.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains and associated funerary objects may be to The 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 Ms. 
Sandra Barnum, U.S. Army Corps of Engineers, Omaha District, ATTN: 
CENWO-PMA-C, 1616 Capitol Avenue, Omaha, NE 68102, telephone (402) 995-
2674, email [email protected], by November 8, 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 may proceed.
    The U.S. Army Corps of Engineers, Omaha District is responsible for 
notifying The Tribes that this notice has been published.

    Dated: September 13, 2019.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2019-22044 Filed 10-8-19; 8:45 am]
BILLING CODE 4312-52-P