[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Notices]
[Pages 80398-80399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32977]


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DEPARTMENT OF THE INTERIOR

National Park Service

[2253-665]


Notice of Inventory Completion: Minnesota Indian Affairs Council, 
Bemidji, MN

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Minnesota Indian Affairs Council has completed an 
inventory of human remains, in consultation with the appropriate Indian 
tribes, and has determined that there is no cultural affiliation 
between the remains and any present-day Indian tribe. Representatives 
of any Indian tribe that believes itself to be culturally affiliated 
with the human remains may contact the Minnesota Indian Affairs 
Council. Disposition of the human remains to the Indian tribes stated 
below may occur if no additional requestors come forward.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the human remains should contact the 
Minnesota Indian Affairs Council at the address below by January 23, 
2012.

ADDRESSES: James L. (Jim) Jones, Cultural Resource Director, Minnesota 
Indian Affairs Council, 3801 Bemidji Avenue NW., Suite 5, Bemidji, MN 
56601, telephone (218) 755-3223.

SUPPLEMENTARY INFORMATION: 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 Minnesota Indian Affairs Council. The human remains 
were removed from Clay and Ottertail Counties, MN.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). 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.

Consultation

    A detailed assessment of the human remains was made by the 
Minnesota Indian Affairs Council (MIAC) professional staff in 
consultation with representatives of the Flandreau Santee Sioux Tribe 
of South Dakota; Leech Lake Band of the Minnesota Chippewa Tribe, 
Minnesota; Lower Sioux Indian Community in the State of Minnesota; 
Minnesota Chippewa Tribe, Minnesota; Prairie Island Indian Community in 
the State of Minnesota; Santee Sioux Nation, Nebraska; Sisseton-
Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Spirit 
Lake Tribe, North Dakota; Upper Sioux Community, Minnesota; and the 
White Earth Band of Minnesota Chippewa Tribe, Minnesota (hereinafter 
referred to as ``The Tribes'').

History and Description of the Remains

    At an unknown date, human remains representing, at minimum, one 
individual were removed by unknown person(s) from a gravel pit on the 
farm of Earl Mallinger in Barnesville, Clay County, MN. The human 
remains were donated to the University of Minnesota in 1964, and 
accessioned as UM549. In 1966, the human remains were transferred to 
the Clay County Historical Society (Acc. 66.36) and in 1986, they were 
transferred to the MIAC (H113-4). No known individuals were identified. 
No associated funerary objects are present.
    The condition of the human remains and cranial morphology identify 
these human remains as pre-contact American Indian. These human remains 
have no archeological classification and cannot be associated with any 
present-day Indian tribe.
    In 1939, human remains representing, at minimum, one individual 
were recovered from a gravel pit in Ottertail County, MN, by a Works 
Progress Administration crew and were transferred to the University of 
Minnesota (UM222). In 1989, the human remains were transferred to the 
MIAC. No known individuals were identified. No associated funerary 
objects are present.
    The context of this burial and the condition of the remains 
identify these human remains as pre-contact American Indian. These 
human remains have no

[[Page 80399]]

archeological classification and cannot be associated with any present-
day Indian tribe.
    In the 1930s, human remains representing, at minimum, one 
individual were removed from a gravel pit near Tenney, in Ottertail 
County, MN, during construction of a railway. The human remains were 
purportedly reburied, except for the skull fragments, which were 
donated to the owner of a local bar. After the death of the bar owner, 
the reconstructed skull was reburied near Big Pine Lake. In 2009, the 
same skull was recovered during power line construction on residential 
property on Big Pine Lake. The human remains were transferred into the 
custody of the Ottertail County Sheriff's Office and from there to the 
MIAC (H442). No known individuals were identified. No associated 
funerary objects are present.
    Cranial morphology identifies these human remains as American 
Indian. The lack of context resulting from removal, reburial and re-
removal make it difficult to determine a date for the remains. These 
human remains have no archeological classification and cannot be 
associated with any present-day Indian tribe.

Determinations Made by the Minnesota Indian Affairs Council

    Officials of the MIAC have determined that:
     Based on non-destructive physical analysis and catalogue 
records, the human remains are Native American.
     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.
     According to final judgments of the Indian Claims 
Commission, the land from which the Native American human remains were 
removed is the aboriginal land of The Tribes.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of three individuals of 
Native American ancestry.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains is to The Tribes.

Additional Requestors and Disposition

    Representatives of any Indian tribe that believes itself to be 
culturally affiliated with the human remains or any other Indian tribe 
that believes it satisfies the criteria in 43 CFR 10.11(c)(1) should 
contact James L. (Jim) Jones, Cultural Resource Director, Minnesota 
Indian Affairs Council, 3801 Bemidji Avenue NW., Suite 5, Bemidji, MN 
56601, telephone (218) 755-3223, before January 23, 2012. Disposition 
of the human remains to The Tribes may proceed after that date if no 
additional requestors come forward.
    The Minnesota Indian Affairs Council is responsible for notifying 
The Tribes that this notice has been published.

    Dated: December 20, 2011.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2011-32977 Filed 12-22-11; 8:45 am]
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