[Federal Register: March 9, 2001 (Volume 66, Number 47)]
[Notices]
[Page 14201-14203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr01-93]

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Inventory Completion for Native American Human Remains
and Associated Funerary Objects in the Possession of the U.S.
Department of the Interior, National Park Service, Effigy Mounds
National Monument, Harpers Ferry, IA.

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is hereby given in accordance with provisions of the Native
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9,
of the completion of an inventory of human remains and associated
funerary objects in the possession of the U.S. Department of the
Interior, National Park Service, Effigy Mounds National Monument,
Harpers Ferry, IA. This notice is published as part of the National
Park Service's administrative responsibilities under NAGPRA, 43 CFR
10.2 (c). The determinations within this notice are the sole
responsibility of the National Park Service unit that has control or
possession of these Native American human remains and associated
funerary objects. The Assistant Director, Cultural Resources
Stewardship and Partnerships, is not responsible for the determinations
within this notice.
    A detailed assessment and inventory of the human remains and
associated funerary objects was made by National Park Service
professional staff in consultation with representatives of the Iowa
Tribe of Kansas and Nebraska; Iowa Tribe of Oklahoma; Otoe-Missouria
Tribe of Indians, Oklahoma; Ho-Chunk Nation of Wisconsin; Sac and Fox
Tribe of the Mississippi in Iowa; Sac and Fox Nation of Missouri in
Kansas and Nebraska; Sac and Fox Nation, Oklahoma; Winnebago Tribe of
Nebraska; and the Upper Sioux Indian Community of the Upper Sioux
Reservation, Minnesota. A NAGPRA delegate from the Minnesota Indian
Affairs Council, a non-Federally recognized Indian group, was present
at the consultation meeting sponsored by Effigy Mounds National
Monument and was a representative on behalf of the Shakopee Mdewakanton
Sioux Community of Minnesota (Prior Lake); Lower Sioux Indian Community
of Minnesota Mdewakanton Sioux Indians of the Lower Sioux Reservation
in Minnesota; and Prairie Island Indian Community of Minnesota
Mdewakanton Sioux Indians of the Prairie Island Reservation, Minnesota.
    In 1952, human remains representing 12 individuals were recovered
during

[[Page 14202]]

legally authorized National Park Service sponsored excavations at Mound
#57, a site located within Effigy Mounds National Monument boundaries.
These 12 sets of human remains are comprised of 8 adults and 4
children. No known individuals were identified. The three associated
funerary objects include one copper breastplate, one sandstone drill
pivot, and one piece of obsidian. On August 3, 2000, these sets of
human remains and associated funerary objects were returned to Effigy
Mounds National Monument after having been in the possession of an
individual (now deceased) since the 1950s. Based on archeological
context, these 12 individuals were identified as Native American.
    In 1952, human remains representing one individual were recovered
during legally authorized National Park Service-sponsored excavations
at Mound #27, a site located within Effigy Mounds National Monument
boundaries. This set of human remains is comprised of 12 teeth from a
child who was approximately 8 or 9 years old. No known individual was
identified. No associated funerary objects are present. On August 3,
2000, this set of human remains was returned to Effigy Mounds National
Monument after having been in the possession of an individual (now
deceased) since the 1950s. Based on archeological context, this set of
human remains was identified as Native American.
    In 1957, human remains representing one individual were recovered
from a mound on private lands near Effigy Mounds National Monument.
This set of human remains is comprised of 94 bone fragments from a
bundle burial. These human remains were given to Effigy Mounds National
Monument in 1962, and were transferred to the National Park Service's
Midwest Archeological Center in 1973. No known individual was
identified. No associated funerary objects are present. Based on
archeological context, these human remains were identified as Native
American.
    In 1998, human remains representing one individual were received by
and taken into the possession of Effigy Mounds National Monument. These
human remains are comprised of a cranium and mandible, which were
mailed to the monument by an anonymous individual who claimed to have
purchased the skull for an art class and was told it came from the
mounds in the area of Effigy Mounds National Monument. No known
individual was identified. No associated funerary objects are present.
Based on physical attributes of the skull, the Office of the State
Archaeologist in Iowa identified these remains as Native American.
    On the basis of archeological context, material culture, and
geographic location, the mounds at Effigy Mounds National Monument have
been identified as belonging to the Late Woodland Period culture (1700-
750 B.P.). The Oneota culture (800-300 B.P.), which replaced the Effigy
Mounds culture, occupied the area surrounding Effigy Mounds National
Monument and is identified as being clearly ancestral to the Iowa Tribe
of Kansas and Nebraska, Iowa Tribe of Oklahoma, Otoe-Missouria Tribe of
Oklahoma, Ho-Chunk Nation of Wisconsin, and Winnebago Tribe of
Nebraska. Linguistic, oral tradition, temporal and geographic evidence
reasonably indicates that the following Sioux Indian tribes possess
ancestral ties to the Effigy Mounds National Monument region and the
human remains and associated funerary objects described above: Upper
Sioux Indian Community of the Upper Sioux Reservation, Shakopee
Mdewakanton Sioux Community of Minnesota (Prior Lake), Lower Sioux
Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower
Sioux Reservation in Minnesota, and Prairie Island Indian Community of
Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation.
    The Treaty of September 21, 1832 (Stat. L. VII, 374) between the
Sauk and Fox and the United States, a cession required of the Sauk and
Fox as indemnity for the expenses of the Black Hawk War, demonstrates
that the Sac and Fox Tribe of the Mississippi in Iowa, Sac and Fox
Nation of Missouri in Kansas and Nebraska, and Sac and Fox Nation of
Oklahoma are the aboriginal occupants of the lands encompassing the
present-day Effigy Mounds National Monument. Based upon an examination
of the historical and geographical information, the Effigy Mounds
National Monument superintendent determined that the Sac and Fox Tribe
of the Mississippi in Iowa, Sac and Fox Nation of Missouri in Kansas
and Nebraska, and Sac and Fox Nation of Oklahoma share a historic and
continuing affiliation with Effigy Mounds National Monument lands, but
do not possess a cultural affiliation with the human remains and
associated funerary objects described above.
    Based on the above-mentioned information, the Effigy Mounds
National Monument superintendent has determined that, pursuant to 43
CFR 10.2 (d)(1), the human remains listed above represent the physical
remains of 15 individuals of Native American ancestry. The Effigy
Mounds National Monument superintendent also has determined that,
pursuant to 43 CFR 10.2 (d)(2), the three objects listed above 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. Lastly, the Effigy Mounds National Monument superintendent
determined that, pursuant to 43 CFR 10.2 (e), there is the relationship
of shared group identity that can be reasonably traced between these
Native American human remains and associated funerary objects and the
Iowa Tribe of Kansas and Nebraska; Iowa Tribe of Oklahoma; Otoe-
Missouria Tribe of Indians, Oklahoma; Ho-Chunk Nation of Wisconsin;
Winnebago Tribe of Nebraska; Upper Sioux Indian Community of the Upper
Sioux Reservation, Minnesota; Shakopee Mdewakanton Sioux Community of
Minnesota (Prior Lake); Lower Sioux Indian Community of Minnesota
Mdewakanton Sioux Indians of the Lower Sioux Reservation in Minnesota;
and Prairie Island Indian Community of Minnesota Mdewakanton Sioux
Indians of the Prairie Island Reservation, Minnesota.
    This notice has been sent to officials of the Iowa Tribe of Kansas
and Nebraska; Iowa Tribe of Oklahoma; Otoe-Missouria Tribe of Indians,
Oklahoma; Ho-Chunk Nation of Wisconsin; Sac and Fox Tribe of the
Mississippi in Iowa; Sac and Fox Nation of Missouri in Kansas and
Nebraska; Sac and Fox Nation, Oklahoma; Winnebago Tribe of Nebraska;
Upper Sioux Indian Community of the Upper Sioux Reservation, Minnesota;
Shakopee Mdewakanton Sioux Community of Minnesota; Lower Sioux Indian
Community of Minnesota Mdewakanton Sioux Indians of the Lower Sioux
Reservation in Minnesota; and Prairie Island Indian Community of
Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation,
Minnesota. Representatives of any other Indian tribe that believes
itself to be culturally affiliated with these human remains and
associated funerary objects should contact Phyllis Ewing,
Superintendent, Effigy Mounds National Monument, 151 Highway 76,
Harpers Ferry, IA 52146-7519, telephone (319) 873-3491, before April 9,
2001. Repatriation of the human remains and associated funerary objects
to the Iowa Tribe of Kansas and Nebraska; Iowa Tribe of Oklahoma; Otoe-
Missouria Tribe of Indians, Oklahoma; Ho-Chunk Nation of Wisconsin;
Winnebago Tribe of Nebraska; Upper Sioux Indian

[[Page 14203]]

Community of the Upper Sioux Reservation, Minnesota; Shakopee
Mdewakanton Sioux Community of Minnesota (Prior Lake); Lower Sioux
Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower
Sioux Reservation in Minnesota; or Prairie Island Indian Community of
Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation,
Minnesota will begin after that date if no additional claimants come
forward.

    Dated: February 14, 2001
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-5944 Filed 3-8-01; 8:45 am]
BILLING CODE 4310-70-F
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