[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6774-6777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02066]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0035225; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: U.S. Army Corps of Engineers, 
Omaha District, Omaha, NE, and the University of Tennessee, Department 
of Anthropology, Knoxville, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: In accordance with the Native American Graves Protection and 
Repatriation Act (NAGPRA), the U.S. Army Corps of Engineers, Omaha 
District and the University of Tennessee, Department of Anthropology 
(UTK) have completed an inventory of human remains and associated 
funerary objects and have determined that there is a cultural 
affiliation between the human remains and associated funerary objects 
and Indian Tribes or Native Hawaiian organizations in this notice. The 
human remains and associated funerary objects were removed from Sioux 
County, ND and Buffalo, Campbell, Corson, Dewey, Gregory, Hughes, 
Lyman, Potter, Sully, Stanley, and Walworth Counties, SD.

DATES: Repatriation of the human remains and associated funerary 
objects in this notice may occur on or after March 3, 2023.

ADDRESSES: 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] and Dr. 
Robert Hinde, University of Tennessee, Office of the Provost, 527 Andy 
Holt Tower, Knoxville, TN 37996-0152, telephone (865) 974-2445, email 
[email protected] and [email protected].

SUPPLEMENTARY INFORMATION: This notice is published as part of the 
National Park Service's administrative responsibilities under NAGPRA. 
The determinations in this notice are the sole responsibility of the 
U.S. Army Corps of Engineers, Omaha District. The National Park Service 
is not responsible for the determinations in this notice. Additional 
information on the determinations in this notice, including the results 
of consultation, can be found in the inventory or related records held 
by the U.S. Army Corps of Engineers, Omaha District.

Description

    Human remains representing, at minimum, two individuals were 
removed from Sioux County, ND. In 1947, the University of North Dakota 
and the State Historical Society of North Dakota co-sponsored 
archeological work in the upper limits of the Oahe Reservoir, a U.S. 
Army Corps of Engineers reservoir in North Dakota. Test excavations at 
the Paul Brave site, also known as the Fort Yates site (32SI4), were 
included in the work done during this project. The site was 
investigated a second time in 1955, under the sponsorship of the State 
Historical Society of North Dakota. The human remains and associated 
funerary objects removed from the Paul Brave site are currently housed 
at the University of Tennessee, Knoxville. No known individuals were 
identified. The one associated funerary object is one lot of burial 
soil.
    Human remains representing, at minimum, one individual were removed 
from Buffalo County, SD. The human remains were removed from a cache 
pit at the Twin or Lillian All Arounds Village, 39BF206, in 1986 by the 
Archeology Lab-Augustana College personnel during improvements to the 
Jennessee Road. The human remains were initially curated at the South 
Dakota State Historical Society-Archaeological Research Center (SARC) 
but are now located at the University of Tennessee, Knoxville (UTK). No 
known individual was identified. No associated funerary objects are 
present.
    Human remains representing, at minimum, one individual were removed 
from Campbell County, SD. In 1979, human remains belonging to two 
individuals were found eroding from a cutbank at site 39CA117, the 
Stranded Squirrel site. Upon discovery, the human remains were removed 
from the site by Robert Pepperl and transferred to the University of 
Nebraska, Lincoln. In

[[Page 6775]]

1986, they were transferred to SARC, and in 1987 they went to UTK to be 
inventoried. While UTK returned most of the human remains to SARC that 
same year, human remains representing one individual were left at UTK. 
The site was a multi-component site. Ceramic fragments found at the 
site establish occupation between 1500 CE and 1675 CE. No known 
individual was identified. No associated funerary objects are present.
    Human remains representing, at minimum, one individual were removed 
from site 39WW89 in Walworth County, SD. They were housed at SARC until 
1987, when they were transferred to UTK for examination. The human 
remains of this individual and one lot of burial soil were retained by 
UTK. Site 39WW89 consists of both Middle Missouri (1000-1500 CE) and 
Extended Coalescent variants (1500-1675 CE). No known individual was 
identified. The one associated funerary object is one lot of burial 
soil.
    Human remains representing, at minimum, one individual were removed 
from Campbell County, SD. The human remains were removed on June 16, 
1967, by surface collection at 39CA201, the Locke Creek site. William 
Bass most likely took the human remains of this individual to UTK when 
he began working in the Department of Anthropology in 1971. The site 
dates to ~1500-1675 CE. No known individual was identified. The five 
associated funerary objects are one lot faunal bone, one lot of 
ceramics, one lot lithics, one lot shell, and one lot botanicals.
    Human remains representing, at minimum, one individual were removed 
from Corson County, SD. The human remains were removed from the Jake 
White Bull site (39CO6) and housed at SARC before being transferred to 
the Department of Anthropology at UTK for inventory sometime between 
1987 and 1988. The human remains of this individual and an associated 
soil sample were retained by UTK. The site dates to ~1217-1297 CE. No 
known individual was identified. The one associated funerary object is 
one lot of soil.
    Human remains representing, at minimum, two individuals were 
removed from Corson County, SD. The two individuals were likely part of 
a commingled burial removed from the Potts Village site (39CO19) in the 
late 1980s and subsequently stored at South Dakota's State 
Archaeological Research Center (SARC). In 1988, these human remains 
were transferred by SARC to UTK for inventory and were retained by UTK. 
The site is a fortified earth lodge village dating to the Extended 
Coalescent Period, between 1550 CE and 1675 CE. No known individuals 
were identified. The 13 associated funerary objects are two lots of 
burial soil, one lot of lithics, two lots of miscellaneous stone, one 
lot of ceramics, one lot of botanicals, one lot of worked bone, and 
five lots of faunal remains.
    Human remains representing, at minimum, one individual were removed 
from Corson County, SD. The human remains were removed from 39CO34, the 
Red Horse Hawk site, by Timothy Nowak, a Corps of Engineers South 
Dakota field archeologist, after they reportedly were eroding from the 
shore. The site was a fortified earth lodge village dating to 1650-1886 
CE. This individual was recovered. The human remains of this individual 
were among a group of human remains from the W. H. Over Museum 
collection that was transferred to UTK for examination prior to 
reinterment in 1985. That examination was led by Douglas Owsley, then 
at LSU, and William Bass of UTK. The human remains of this individual 
were not returned after examination. No known individual was 
identified. Six lots of objects salvaged from the site between 1968 and 
1970 were housed at UTK. The six associated funerary objects are one 
lot of ceramics, one lot of lithics, one lot of worked bone, one lot of 
faunal remains, one lot of shell, and one lot of metal.
    Human remains representing, at minimum, five individuals were 
removed from site 39CO213, the Travis I site, in Corson County, SD. The 
human remains were housed at SARC before being transferred to UTK for 
inventory sometime between 1987 and 1988. The human remains of these 
individuals were retained by UTK. The Travis I site is an earth lodge 
village located on the left bank of the Missouri River. Radiocarbon 
dates from the site place occupation between 1069 CE and 1387 CE. No 
known individuals were identified. The two associated funerary objects 
are two lots of soil.
    Human remains representing, at minimum, two individuals were 
removed from Dewey County, SD. The human remains were removed from the 
Molstad Village site (39DW234) in the summer of 1969 by William Bass 
(Bass was at the University of Kansas at the time). This burial was 
found eroding from a riverbank 250-300 yards southeast of Molstad 
Village. The human remains were likely housed at KU until Bass 
transferred them to UTK in 1971, when he began working in the 
Department of Anthropology. The site was a fortified earth lodge site 
whose occupation is thought to date to the mid-1500s CE, or the 
Extended Coalescent Phase of the Middle Missouri taxonomy. No known 
individuals were identified. The two associated funerary objects are 
one lot of lithics and one lot of bone.
    Human remains representing, at minimum, one individual were removed 
from the Scalp Creek site, 39GR1, in Gregory County, SD. These human 
remains were donated by a South Dakota game warden after having washed 
out of an area situated about 400.0 feet WNW of the site of earlier 
excavations conducted in 1941 and 1951. This burial was among a group 
of Smithsonian Institution River Basin Survey burials the State 
Historical Society of North Dakota sent to William Bass for examination 
sometime prior to 1971 (while Bass was still at KU). The site was a 
stockaded village. Scalp Creek consists of both Late Woodland (800-1200 
CE) and Extended Coalescent (1500-1675 CE) components. No known 
individual was identified. No associated funerary objects are present.
    Human remains representing, at minimum, one individual were removed 
from the McClure site (39HU7) in Hughes County, SD. (The human remains 
were marked ``MacClure site,'' but McClure is considered the more 
likely identification.) These human remains were transferred to UTK, 
most likely through William Bass (either he transferred them from KU to 
UTK or he received them after he moved to UTK in 1971). Occupation at 
the McClure site was considered brief, between approximately 1690 and 
1700 CE. No known individual was identified. No associated funerary 
objects are present.
    Human remains representing, at minimum, eight individuals were 
removed from Hughes County, SD. In 1931, Alfred Bowers removed eleven 
burials from a previously looted mound at the Bleached Bone site 
(39HU48) during investigations sponsored by the Logan Museum. 
Additional investigations were conducted by the Missouri River Basin 
Project (MRBP) in 1962, during which field crew 10, directed by William 
Bass, removed an additional 13 burials. Burial and cultural materials 
obtained by MRBP crews were transferred to the University of Nebraska, 
Lincoln (UNL) by the end of 1962. The site included stone circles, 
mounds, and other configurations. Woodland Period (~500 BCE-1000 CE) 
pottery was reportedly found during the 1962 season. In addition, the 
presence of a metallic projectile point suggested possible occupation 
during the Historic Period. No known individuals were identified. No 
associated funerary objects are present.

[[Page 6776]]

    Human remains representing, at minimum, one individual were removed 
from Lyman County, SD. Oscar L. Mallory removed the human remains from 
39LM34 in 1964 after they were discovered eroding from the riverbank 
following flooding of the Fort Randall Reservoir. These human remains 
were housed at the Midwest Archaeological Center in Lincoln, NE, until 
they were transferred to SARC in 1986, and then to UTK for analysis in 
1987. The human remains of this individual were retained by the UTK 
Department of Anthropology. Based on the types of objects collected 
from the site, occupation was dated to the Post-Contact Coalescent 
variant, between 1675 and 1780 CE. No known individual was identified. 
No associated funerary objects are present.
    Human remains representing, at minimum, one individual were removed 
from the Iron Nation Village site (39LM222) in Lyman County, SD. In 
1967, Donald J. Lehmer, with the Smithsonian River Basin Surveys 
Project, made a visit to the site following a report that the skeletal 
remains of one individual had been excavated. These human remains were 
stored at SARC in Rapid City before being transferred to UTK for 
inventory sometime between 1987 and 1988. The human remains of this 
individual were retained by UTK. The site was a large, fortified earth 
lodge village belonging to the Extended Coalescent period (~1500-1675 
CE). No known individuals were identified. No associated funerary 
objects are present.
    Human remains representing, at minimum, two individuals were 
removed from Lyman County, SD. In 1961, the human remains were removed 
from the Pretty Head site (39LM232) by W. W. Caldwell. William Bass 
likely took them to UTK when he began working in the Department of 
Anthropology. The Pretty Head site was a fortified village on the west 
bank of the Missouri River. Occupation at the site was assigned to two 
phases--sometime between 1100 CE and 1300 CE, during the Grand Detour 
Phase of the Middle Missouri Tradition, and from 903 CE to 1185 CE, 
based on a 2-sigma probability range of values. No known individuals 
were identified. The five associated funerary objects are five lots of 
faunal remains.
    Human remains representing, at minimum, five individuals were 
removed from Potter County, SD. In the fall of 1962, Richard Weeks of 
Pierre, SD, excavated and removed the human remains from the Hosterman 
site (39PO7) after the burials were discovered eroding from the eastern 
side of the Oahe Reservoir. That same year, Weeks shipped the human 
remains to William Bass at KU. Bass, in turn, took the human remains to 
UTK when he began working in the Department of Anthropology in 1971. 
The village site had a stockade and a fortification ditch and is dated 
to ~1643 CE, with a 2-sigma probability range of dates from 1450 to 
1676 CE. No known individuals were identified. The two associated 
funerary objects are two lots of faunal remains.
    Human remains representing, at minimum, 109 individuals were 
removed from Sully County, SD. The human remains were removed from 
39SL4, the Sully site, by William Bass and crews from the Smithsonian 
Institution River Surveys (in 1957, 1958, and 1961) and KU (in 1962). 
Following excavation, the burial remains were transferred to the 
Smithsonian Institution and examined by Bass, who served as physical 
anthropologist for the RBS. The human remains of these individuals were 
obtained by Bass either while he was at the Smithsonian or later, when 
he was at KU. Bass transferred the human remains to UTK when he began 
working in the Department of Anthropology in 1971. The Sully site was 
one of the largest identified Arikara villages and contained four 
distinct cemeteries. The site dates to 1477-1678 CE. No known 
individuals were identified. The two associated funerary objects are 
two lots of faunal remains.
    Human remains representing, at minimum, two individuals were 
removed from the H.P. Thomas site (39ST12) in Stanley County, SD. These 
human remains could have been removed during investigations in the 
1940s and 1950s. Test excavations were undertaken at the site in the 
summer of 1948 by crews with the Missouri River Basins Survey Project, 
with subsequent investigations performed by Richard P. Wheeler in 1958. 
These human remains were sent to William Bass at KU for examination. 
The only information provided with the transfer was that they were 
miscellaneous bones from a cache found in a house wall. Bass likely 
took the human remains of these individuals to UTK when he began 
working in the Department of Anthropology in 1971. Artifacts recovered 
from the site date between 950 CE and 1850 CE. No known individuals 
were identified. The one associated funerary object is one lot of 
faunal remains.
    Human remains representing, at minimum, one individual were removed 
from Stanley County, SD. The human remains were removed from the 
Buffalo Pasture Cemetery site (39ST216), likely in 1955 by Vern 
Willaford. Burials of several individuals were uncovered during fill 
dirt removal in 1955 and given by Vern Willaford (in charge of the 
earth moving activity) to Richard P. Wheeler of the Smithsonian 
Institution's Missouri River Basin Project (RBS). In 1957, William Bass 
examined the burials from 39ST216, and the human remains of this 
individual likely belonged to one of the disturbed burials removed by 
Willaford of the RBS in 1955. Although there is no record concerning a 
transfer of these human remains to or from UTK, the presence of this 
individual in the UTK Department of Anthropology collections is likely 
attributable to Bass. The site was a medium-sized fortified village 
believed to be dated to the 18th century. No known individual was 
identified. No associated funerary objects are present.
    Human remains representing, at minimum, two individuals were 
removed from Walworth County, SD. Between 1979 and 1982, the University 
of Nebraska, Lincoln, and Augustana College of Sioux Falls, SD, removed 
human remains from 39WW89, an unnamed site. By 1984, all recovered 
individuals were stored at SARC. In 1987, they were transferred to UTK 
for examination. The human remains of these individuals were retained 
by UTK. The site had considerable time depth (1400-1560 CE) consisting 
of both Middle Missouri and Extended Coalescent variants of the Plains 
Village Tradition. No known individuals were identified. No associated 
funerary objects are present.
    Human remains representing, at minimum, two individuals were 
removed from Walworth County, SD. Between 1970 and 1972. the human 
remains were removed from 39WW203, the Walth Bay site. The principal 
investigator was W. Raymond Wood, and the excavations were directed by 
Carl R. Falk and Stanley A. Ahler under contract to the National Park 
Service. Sometime after 1970, these human remains were transferred to 
William Bass. No known individuals were identified. No associated 
funerary objects are present.

Cultural affiliation

    The human remains and associated funerary objects in this notice 
are connected to one or more identifiable earlier groups, tribes, 
peoples, or cultures. There is a relationship of shared group identity 
between the identifiable earlier groups, tribes, peoples, or cultures 
and one or more Indian Tribes or Native Hawaiian organizations. The 
following types of information were used to reasonably trace the 
relationship: anthropological,

[[Page 6777]]

archeological, geographical, historical, and expert opinion.

Determinations

    Pursuant to NAGPRA and its implementing regulations, and after 
consultation with the appropriate Indian Tribes and Native Hawaiian 
organizations, the U.S. Army Corps of Engineers, Omaha District has 
determined that:
     The human remains described in this notice represent the 
physical remains of 152 individuals of Native American ancestry.
     The 41 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.
     There is a relationship of shared group identity that can 
be reasonably traced between the human remains and associated funerary 
objects described in this notice and the Three Affiliated Tribes of the 
Fort Berthold Reservation, North Dakota.

Requests for Repatriation

    Written requests for repatriation of the human remains and 
associated funerary objects in this notice must be sent to the 
Responsible Official identified in ADDRESSES. Requests for repatriation 
may be submitted by:
    1. Any one or more of the Indian Tribes or Native Hawaiian 
organizations identified in this notice.
    2. Any lineal descendant, Indian Tribe, or Native Hawaiian 
organization not identified in this notice who shows, by a 
preponderance of the evidence, that the requestor is a lineal 
descendant or a culturally affiliated Indian Tribe or Native Hawaiian 
organization.
    Repatriation of the human remains and associated funerary objects 
in this notice to a requestor may occur on or after March 3, 2023. If 
competing requests for repatriation are received, the U.S. Army Corps 
of Engineers, Omaha District must determine the most appropriate 
requestor prior to repatriation. Requests for joint repatriation of the 
human remains and associated funerary objects are considered a single 
request and not competing requests. The U.S. Army Corps of Engineers, 
Omaha District is responsible for sending a copy of this notice to the 
Indian Tribe identified in this notice.
    Authority: Native American Graves Protection and Repatriation Act, 
25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.9, Sec.  
10.10, and Sec.  10.14.

    Dated: January 25, 2023.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2023-02066 Filed 1-31-23; 8:45 am]
BILLING CODE 4312-52-P