[Federal Register: August 20, 2009 (Volume 74, Number 160)]
[Notices]
[Page 42095-42096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au09-59]

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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion: U.S. Department of Agriculture,
Forest Service, Daniel Boone National Forest, Winchester, KY

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 the
U.S. Department of Agriculture, Forest Service, Daniel Boone National
Forest, Winchester, KY. The human remains were removed from three
locations in Laurel, McCreary, and Powell Counties, KY.
    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 in this notice are the sole responsibility of the
museum, institution, or Federal agency that has control of the Native
American human remains. The National Park Service is not responsible
for the determinations in this notice.
    A detailed assessment of the human remains was made by University
of Kentucky/Kentucky Archaeological Survey professional staff in
consultation with representatives of the Absentee-Shawnee Tribe of
Indians of Oklahoma; Cherokee Nation, Oklahoma; Eastern Band of
Cherokee Indians of North Carolina; Eastern Shawnee Tribe of Oklahoma;
Shawnee Tribe, Oklahoma; and United Keetoowah Band of Cherokee Indians
in Oklahoma.
    At an unknown date, human remains representing a minimum of one
individual were removed from site 15Ll86, Laurel County, KY. The human
remains were found in an artifact collection stored at the Daniel Boone
National Forest while doing a collections inventory. The human remains
from this site were collected from looter backdirt piles by Forest
Service archaeologists who first recorded the site in 1983. No known
individual was identified. No associated funerary objects are present.
    Artifacts recovered from the site indicate that this site was
occupied from the Middle Archaic through Middle Woodland cultural
periods dating from 6000 B.C. to A.D. 300. The fragmentary human
remains are from unknown contexts within the site.
    At an unknown date, human remains representing a minimum of one
individual were removed from the Cane Creek locality in Powell County,
KY. The human remains were a turned over to the Daniel Boone National
Forest anonymously. The donor claimed to have been given the human
remains by an individual who had removed them from an unidentified site
in the Cane Creek area of the Daniel Boone National Forest. No known
individual was identified. No associated funerary objects are present.
    The human remains are from one middle-aged female (30-50 years). A
non-human femoral head was commingled with the remains, but is not
considered to be an associated funerary object. The human remains are
believed to have come from a prehistoric context, and probably predate
A.D. 1700.
    Sometime in the 1960s, human remains representing a minimum of six
individuals were removed from a rockshelter, probably site 15McY1066,
on Forest Service land in McCreary County, KY, by a road construction
crew. The human remains were anonymously turned over to the Daniel
Boone National Forest. No known individuals were identified. No
associated funerary objects are present.
    This is the largest of the three collections reported in this
notice, and one diagnostic artifact was recovered. Though it is not
considered an associated funerary object, it indicates that the site
dates from A.D. 900 to 1700.
    The contexts from which the three collections of human remains were
reportedly removed suggest that they are all prehistoric Native
Americans. Since there is no specific provenience information, other
than general site locations within a broad temporal context, there is
insufficient contextual information to culturally affiliate the human
remains with any specific, present-day Indian tribe.
    Officials of the Daniel Boone National Forest have determined that,
pursuant to 25 U.S.C. 3001 (9-10), the human remains described above
represent the physical remains of eight individuals of Native American
ancestry. Officials of the Daniel Boone National Forest also have
determined that, 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 any present-day Indian tribe.
    The Native American Graves Protection and Repatriation Review
Committee (Review Committee) is responsible for recommending specific
actions for the disposition of culturally unidentifiable human remains.
In 2008, the Daniel Boone National Forest requested that the Review
Committee recommend disposition of the eight culturally unidentifiable
human remains to the Absentee-Shawnee Tribe of Indians of Oklahoma;
Cherokee Nation, Oklahoma; Eastern Band of Cherokee Indians of North
Carolina; Eastern Shawnee Tribe of Oklahoma; Shawnee Tribe, Oklahoma;
and United Keetoowah Band of Cherokee Indians in Oklahoma, as
aboriginal and historic occupants of lands in Kentucky. The tribes have
also requested for the direct reburial of the culturally unidentifiable
human remains in the Indian Rest Place Cemetery on the Daniel Boone
National Forest, and for the reburial to be witnessed and directed by
representatives of the United Keetoowah Band of Cherokee Indians. The
Review Committee considered the request at its May 15-16, 2008 meeting
and recommended disposition of the human remains to the Absentee-
Shawnee Tribe of Indians of Oklahoma; Cherokee Nation, Oklahoma;
Eastern Band of Cherokee Indians of North Carolina; Eastern Shawnee
Tribe of Oklahoma; Shawnee Tribe, Oklahoma; and United Keetoowah Band
of Cherokee Indians in Oklahoma. A January 27, 2009, letter from the
Designated Federal Official on behalf of the Secretary of the Interior
transmitted the authorization for the Daniel Boone National Forest to
effect disposition of the human remains of the eight culturally
unidentifiable individuals to the tribes listed above

[[Page 42096]]

and for the reburial to occur contingent on the publication of a Notice
of Inventory Completion in the Federal Register. This notice fulfills
that requirement.
    Representatives of any other Indian tribe that believes itself to
be culturally affiliated with the human remains should contact the
Forest Archaeologist, Daniel Boone National Forest, Winchester, KY
40391, telephone (859) 745-3138, before September 21, 2009. Disposition
of the human remains to the Absentee-Shawnee Tribe of Indians of
Oklahoma; Cherokee Nation, Oklahoma; Eastern Band of Cherokee Indians
of North Carolina; Eastern Shawnee Tribe of Oklahoma; Shawnee Tribe,
Oklahoma; and United Keetoowah Band of Cherokee Indians in Oklahoma may
proceed after that date if no additional claimants come forward.
    The Daniel Boone National Forest is responsible for notifying the
Absentee-Shawnee Tribe of Indians of Oklahoma; Cherokee Nation,
Oklahoma; Eastern Band of Cherokee Indians of North Carolina; Eastern
Shawnee Tribe of Oklahoma; Shawnee Tribe, Oklahoma; and United
Keetoowah Band of Cherokee Indians in Oklahoma that this notice has
been published.

    Dated: July 20, 2009.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-19971 Filed 8-19-09; 8:45 am]

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