[Federal Register: August 29, 2002 (Volume 67, Number 168)]
[Notices]
[Page 55428-55429]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au02-110]

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Inventory Completion for Native American Human Remains
and Associated Funerary Object in the Possession of the U.S. Department
of Justice, Federal Bureau of Investigation (FBI), Louisville, KY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is hereby given in accordance with the provisions of the
Native American Graves Protection and Repatriation Act (NAGPRA), 43 CFR
10.9, of the completion of an inventory of Native American human
remains and associated funerary object in the possession of the U.S.
Department of Justice, Federal Bureau of Investigation (FBI),
Louisville, KY.
    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
museum, institution, or Federal agency that has control of these Native
American human remains and associated funerary objects. The National
Park Service is not responsible for the determinations within this
notice.
    A detailed assessment of the human remains was made by University
of Louisville Staff Archaeologist Philip J. DiBlasi in consultation
with representatives of the Absentee-Shawnee Tribe of Indians of
Oklahoma; Delaware Nation, Oklahoma; Delaware Tribe of Indians,
Oklahoma; Eastern Shawnee Tribe of Oklahoma; Miami Tribe of Oklahoma;
Peoria Tribe of Indians of Oklahoma; and Shawnee Tribe, Oklahoma.
    On January 27, 1999, a human cranium was recovered by FBI agents
from Sean Adam Long. These human remains were purchased from Mr. Long
by FBI agents acting in an undercover capacity. On February 18, 1999, a
search warrant was executed at Mr. Long's home near Madisonville, KY.
Additional human remains were recovered by FBI agents during the
search. The human remains consist of two human crania and two human
teeth. One associated funerary object was also recovered during the
search. Osteological assessment of the human remains recovered on
January 27 and February 18, 1999, indicate that they represent five
individuals of Native American ancestry. No known individuals were
identified.
    A label on the interior of the box in which one cranium was
recovered reads ''Caldwell County.'' Information provided by Mr. Long
indicates these human remains were excavated from an archeological site
in Caldwell County, KY. Osteological evidence indicates that these
human remains were most likely buried during the Prehistoric period
(before A.D. 1740). Archeological and historical evidence indicates
that the Native American population that lived in Caldwell County, KY
during the Prehistoric period is ancestral to the present-day Delaware
Nation, Oklahoma; Delaware Tribe of Indians, Oklahoma; and Peoria Tribe
of Indiana of Oklahoma.
    Information provided by Mr. Long indicates that the two teeth
representing two individuals were excavated from archeological sites in
western Kentucky. Osteological evidence indicates that these human
remains were most likely buried during the Prehistoric period (before
A.D. 1740). Archeological and historical evidence indicates that the
Native American population that lived in western Kentucky during the
Prehistoric period is ancestral to the present-day Delaware Nation,
Oklahoma; Delaware Tribe of Indians, Oklahoma; and Peoria Tribe of
Indians of Oklahoma.
    The associated funerary object recovered on February 18, 1999,
consists of fragments of one spherical shaped pottery vessel. The
vessel is 4-5 inches in diameter and has two strap handles. Vessels of
this type are almost exclusively found with sub-adults buried during
the Mississipian period (A.D. 1250-1700). This funerary object is
believed to have been associated with the human remains recovered from
a site in western Kentucky. Archeological and historical evidence
indicates that the Mississipian period population that lived in western
Kentucky is ancestral to the present-day Delaware Nation, Oklahoma;
Delaware Tribe of Indians, Oklahoma; and Peoria Tribe of Indiana of
Oklahoma.
    The determination of cultural affiliation for the remains of the
two other individuals is included in a separate Federal Register
notice.
    On March 7, 2001, Sean Adam Long pleaded guilty in U.S. District
Court in Owensboro, KY to three counts of illegal trafficking in Native
American human remains [18 U.S.C. 1170 (a)] and one count of knowingly
making a materially false, fictitious, or fraudulent statement or
representation [18 U.S.C. 1001]. A single count of trafficking in
interstate or foreign commerce in archaeological resources the
excavation, removal, sale, purchase, exchange, transportation or
receipt of which was wrongful under State or local law [16 U.S.C. 470ee
(c)]

[[Page 55429]]

was dismissed in return for Mr. Long's plea to making a false statement
to FBI agents.
    Based on the above-mentioned information, FBI officials determined
that, pursuant to 43 CFR 10.2 (d)(1), the human remains listed above
represent the physical remains of three individuals of Native American
ancestry. FBI officials also determined that, pursuant to 43 CFR 10.2
(d)(2)(i), the object listed above is reasonably believed to have been
placed with or near individual human remains at the time of death or
later as part of a death rite or ceremony and to have been made
exclusively for burial purposes. Lastly, FBI officials determined that,
pursuant to 43 CFR 10.2 (e), there is a relationship of shared group
identity that can be reasonably traced between the three Native
American human remains and one associated funerary object from and the
Peoria Tribe of Indians of Oklahoma; Delaware Nation, Oklahoma; and
Delaware Tribe of Indians, Oklahoma.
    This notice has been sent to officials of the Absentee-Shawnee
Tribe of Indians of Oklahoma; Delaware Nation, Oklahama; Delaware Tribe
of Indians, Oklahoma; Eastern Shawnee Tribe of Oklahoma; Miami Tribe of
Oklahoma; Peoria Tribe of Indians of Oklahoma; and Shawnee Tribe,
Oklahoma. Representatives of any other Indian tribe that believes
itself to be culturally affiliated with these human remains and
associated funerary object should contact Randy Ream, Assistant United
States Attorney, 510 West Broadway, 10th Floor, Louisville, KY 40202,
phone (502) 582-5911, before September 30, 2002. Repatriation of the
human remains and associated funerary object to the Peoria Tribe of
Indians of Oklahoma; Delaware Nation, Oklahoma; and Delaware Tribe of
Indians, Oklahoma may begin after that date if no additional claimants
come forward.

    Dated: August 1, 2002.
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-21998 Filed 8-28-02; 8:45 am]
BILLING CODE 4310-70-S
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