FR Doc 03-8192
[Federal Register: April 4, 2003 (Volume 68, Number 65)]
[Notices]               
[Page 16550-16551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap03-95]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Inventory Completion: Franklin Pierce College, Rindge, 
NH

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    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 
Franklin Pierce College, Rindge, NH. These human remains were removed 
from the Smyth site (NH38-4), on the upper terrace of the eastern bank 
of the Merrimack River above Amoskeag Falls, Manchester, Hillsborough 
County, NH.
    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 within this notice are the sole responsibility of 
the museum, institution, or Federal agency that has control of these 
Native American human remains. The National Park Service is not 
responsible for the determinations within this notice.
    A detailed assessment of the human remains was made by professional 
staff and consultants of Franklin Pierce College, in consultation with 
the Abenaki Nation of Missisquoi, representing a coalition of Western 
Abenaki groups, consisting of the Abenaki Nation of New Hampshire, 
Cowasuck Band of the Pennacook-Abenaki People, and First Nation of New 
Hampshire (all nonfederally recognized Indian groups); the Wampanoag 
Confederation, representing Wampanoag Tribe of Gay Head (Aquinnah) of 
Massachusetts, Mashpee Wampanoag Tribe (a nonfederally recognized 
group), and Assonet Band of the Wampanoag Nation (a nonfederally 
recognized group); and the Wabanaki Confederacy, representing Aroostook 
Band of Micmac Indians of Maine, Houlton Band of Maliseet Indians of 
Maine, Indian Township Reservation of the Passamaquoddy Tribe of Maine, 
Penobscot Tribe of Maine, and Pleasant Point Reservation of the 
Passamaquoddy Tribe of Maine.
    In 1968, human remains representing a minimum of eight individuals 
were removed from the Smyth site (NH 38-4) in Manchester, Hillsborough 
County, NH. Museum documentation indicates that the human remains were 
removed during salvage excavation at the construction site of the 
Amoskeag bridge, and were curated at Franklin Pierce College. No known 
individuals were identified. No associated funerary objects are 
present.
    In 1997, the remains of two of these individuals were transferred 
from Franklin Pierce College to the New Hampshire Division of 
Historical Resources (NHDHR). The NHDHR determined that the two 
individuals in its possession could not be affiliated with an Indian 
tribe as defined in 25 U.S.C. 3001 (2), and presented a disposition 
proposal to the Native American Graves Protection and Repatriation 
Review Committee. According to the Review Committee's charter, the 
Review Committee is responsible for recommending specific actions for 
disposition of culturally unidentifiable human remains. The proposal 
presented by the NHDHR was considered by the Review Committee at its 
May 1999 meeting, during which the Review Committee recommended 
disposition of the human remains of the two individuals to the Abenaki 
Nation of Missisquoi, representing a coalition of Western Abenaki 
groups, consisting of the Abenaki Nation of New Hampshire, Cowasuck 
Band of the Pennacook-Abenaki People, and First Nation of New Hampshire 
(all nonfederally recognized Indian groups). A Notice of Inventory 
Completion for the repatriation of the human remains of the two 
individuals was published in the Federal Register on July 9, 2002 (67 
FR 45536-39).
    In September 2001, Franklin Pierce College presented another 
disposition proposal to the Review Committee to repatriate five sets of 
human remains from the Smyth site that are in the possession of 
Franklin Pierce College to the Abenaki Nation of Missisquoi. The 
remains of another individual are reported in the archeological report 
prepared at the time of excavation of the Smyth site, but have not been 
located at Franklin Pierce College.
    At its November 2001 meeting, the Review Committee recommended 
disposition of an additional five sets of human remains to the Abenaki 
Nation of Missisquoi contingent upon the museum's meeting four 
requirements, which were confirmed in a September 3, 2002, letter from 
the Manager, National

[[Page 16551]]

NAGPRA program to Franklin Pierce College. The Review Committee 
required that the museum submit an inventory of culturally 
unidentifiable human remains containing information set forth in 43 CFR 
10.9 (c); that the inventory be sent to the Wabanaki Confederacy, 
representing Aroostook Band of Micmac Indians of Maine, Houlton Band of 
Maliseet Indians of Maine, Indian Township Reservation of the 
Passamaquoddy Tribe of Maine, Penobscot Tribe of Maine, and Pleasant 
Point Reservation of the Passamaquoddy Tribe of Maine; and the 
Wampanoag Confederation, representing Wampanoag Tribe of Gay Head 
(Aquinnah) of Massachusetts, Mashpee Wampanoag Tribe, and the Assonet 
Band of the Wampanoag Nation; that both the Wabanaki Confederacy and 
the Wampanoag Confederation provide written concurrence with the 
proposed disposition; and that a Notice of Inventory Completion be 
published in the Federal Register.
    Franklin Pierce College, in a January 14, 2003, letter to the 
Review Committee, documented that three of the requirements had been 
met, noting that the fourth requirement would be met with the 
publication of this Notice of Inventory Completion.
    Additional analysis, completed between November 2001 and January 
2003, showed that the human remains from the five burials, which were 
originally reported as five sets of human remains, represent a minimum 
of eight individuals. The completed inventory reports a minimum of 
eight individuals, and correspondence from the Wabanaki Confederacy and 
the Wampanoag Confederation concurs with the proposed disposition of 
eight individuals.
    The archeological and stratigraphic context for the Smyth site 
burials indicates a Middle or Late Woodland period date (A.D. 1-1500). 
Archeological, historical, and ethnographic sources, along with the 
oral traditions of the Western Abenaki, indicate that this portion of 
New Hampshire is within the aboriginal and historic homeland of the 
Western Abenaki from at least the Late Archaic period (3000-1000 B.C.) 
through the Historic period (post-A.D. 1500). The Western Abenaki are 
represented today by the Abenaki Nation of Missisquoi, Abenaki Nation 
of New Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and 
the First Nation of New Hampshire (all nonfederally recognized Indian 
groups).
    Officials of Franklin Pierce College have determined that, pursuant 
to 25 U.S.C. 3001 (9-10), the human remains listed above represent the 
physical remains of eight individuals of Native American ancestry. 
Officials of Franklin Pierce College also have determined that, 
pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group 
identity that can be reasonably traced between these Native American 
human remains and the Abenaki Nation of Missisquoi, representing a 
coalition of Western Abenaki groups, consisting of the Abenaki Nation 
of New Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and 
First Nation of New Hampshire (all nonfederally recognized Indian 
groups).
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with these human remains should contact Robert 
G. Goodby, Assistant Professor, Department of Anthropology, Franklin 
Pierce College, PO Box 60, College Road, Rindge, NH 03461, telephone 
(603) 899-4362, before May 5, 2003. Repatriation of these human remains 
to the Abenaki Nation of Missisquoi, representing a coalition of 
Western Abenaki groups, consisting of the Abenaki Nation of New 
Hampshire, Cowasuck Band of the Pennacook-Abenaki People, and First 
Nation of New Hampshire (all nonfederally recognized Indian groups), 
may proceed after that date if no additional claimants come forward.
    Franklin Pierce College is responsible for notifying the Abenaki 
Nation of Missisquoi, Abenaki Nation of New Hampshire, Aroostook Band 
of Micmac Indians of Maine, Assonet Band of the Wampanoag Nation, 
Cowasuck Band of the Pennacook-Abenaki People, First Nation of New 
Hampshire, Houlton Band of Maliseet Indians of Maine, Indian Township 
Reservation of the Passamaquoddy Tribe of Maine, Mashpee Wampanoag 
Tribe, Penobscot Tribe of Maine, Pleasant Point Reservation of the 
Passamaquoddy Tribe of Maine, Wabanaki Confederacy, Wampanoag 
Confederation, and Wampanoag Tribe of Gay Head (Aquinnah) of 
Massachusetts that this notice has been published.

    Dated: February 27, 2003.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 03-8192 Filed 4-3-03; 8:45 am]

BILLING CODE 4310-70-S


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