[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13625-13626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5583]


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DEPARTMENT OF THE INTERIOR

National Park Service

[2253-665]


Notice of Inventory Completion: USDA Forest Service, Daniel Boone 
National Forest, Winchester, KY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The U.S. Department of Agriculture, Forest Service, Daniel 
Boone National Forest, has completed an inventory of human remains and 
associated funerary objects, 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 Daniel Boone National Forest, 
Winchester, KY. Repatriation of the human remains to the Indian tribes 
stated below may occur if no additional claimants come forward.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the human remains should contact the Forest 
Tribal Liaison, Daniel Boone National Forest, at the address below by 
April 6, 2012.

ADDRESSES: Forest Tribal Liaison, Daniel Boone National Forest, 
Winchester, KY 40391, telephone (859) 745-3138.

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 and 
associated funerary objects in the possession of the Daniel Boone 
National Forest, Winchester, KY. The human remains and associated 
funerary objects were removed from three counties, Estill, McCreary, 
and Morgan, inside the Daniel Boone National Forest, KY.
    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 and associated funerary 
objects. The National Park Service is not responsible for the 
determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by professional 
staff

[[Page 13626]]

of the U.S. Department of Agriculture, Forest Service, Daniel Boone 
National Forest, 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 the United Keetoowah 
Band of Cherokee Indians in Oklahoma.

History and Description of the Remains

    In March 1988, human remains representing, at minimum, one 
individual were removed from site 15MCY414 in McCreary County, KY. The 
human remains from this site were collected from disturbed contexts by 
Forest Service archeologists. No known individual was identified. The 
human remains include 22 fragments representing one adult female and 
are from an unknown context within the site. Artifacts recovered from 
the site indicate that this site was occupied during the Late Woodland 
cultural period dating from A.D. 500 to 1000. The five associated 
funerary objects are 1 deer bone, 1 turkey bone, 1 battered stone, 1 
triangular projectile point, and 1 fragment of shell tempered pottery.
    On October 18, 1985, human remains representing, at minimum, one 
individual were removed from site 15MO103 in Morgan County, KY. The 
human remains from this site were turned over to the Daniel Boone 
National Forest by the physical anthropologist at Eastern Kentucky 
University when it was determined they were acquired illegally from the 
Daniel Boone National Forest. No known individual was identified. The 
nearly complete human remains of one individual are from an unknown 
context within the site. Artifacts recovered from the site indicate 
that this site was occupied during the Late Archaic cultural period 
dating from 3000 to 1000 B.C. The two associated funerary objects are 1 
McWhinney projectile point and 1 freshwater mussel shell.
    In 1983, human remains representing, at minimum, one individual 
were removed from site 15MCY76 in McCreary County, KY. The human 
remains from this site were collected during site recordation by Forest 
Service archeologists. No known individual was identified. The fragment 
of a human femur is from an unknown context within the site. Artifacts 
recovered from the site indicate that this site was occupied during the 
Prehistoric cultural period dating prior to A.D. 1700. No associated 
funerary objects are present.
    At an unknown date, human remains representing, at minimum, one 
individual were removed from an unknown location in Estill County, KY. 
The human remains were found in an artifact collection stored at the 
Daniel Boone National Forest while doing a collections inventory. No 
known individual was identified. The fragmentary human remains are from 
an unknown context within the site. Artifacts recovered from the site 
indicate that this site was occupied during the prehistoric cultural 
period dating prior to A.D. 1700. No associated funerary objects are 
present.

Determinations Made by the Daniel Boone National Forest

    Officials of the Daniel Boone National Forest have determined that:
     Based on the approximate date of artifacts recovered from 
the site, these 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.
     Other credible lines of evidence indicate that the land 
from which the Native American human remains and associated funerary 
objects were removed is the aboriginal land 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 the United Keetoowah Band of 
Cherokee Indians in Oklahoma.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of four individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the seven associated 
funerary objects described in this notice 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.
     Pursuant to 43 CFR 10.11(c)(2)(i), the disposition of the 
human remains and associated funerary objects will be to the Absentee-
Shawnee Tribe of Indians of Oklahoma; the Cherokee Nation, Oklahoma; 
Eastern Band of Cherokee Indians of North Carolina; Eastern Shawnee 
Tribe of Oklahoma; Shawnee Tribe, Oklahoma; and the United Keetoowah 
Band of Cherokee Indians in Oklahoma.

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)(2)(i) should 
contact the Forest Tribal Liaison, Daniel Boone National Forest, 
Winchester, KY 40391, telephone (859) 745-3138, before April 6, 2012. 
Disposition of the human remains to the Absentee-Shawnee Tribe of 
Indians of Oklahoma; the Cherokee Nation, Oklahoma; Eastern Band of 
Cherokee Indians of North Carolina; Eastern Shawnee Tribe of Oklahoma; 
Shawnee Tribe, Oklahoma; and the United Keetoowah Band of Cherokee 
Indians in Oklahoma may proceed after that date if no additional 
claimants or requestors come forward.

    The Daniel Boone National Forest is responsible for notifying the 
Absentee-Shawnee Tribe of Indians of Oklahoma; the Cherokee Nation, 
Oklahoma; Eastern Band of Cherokee Indians of North Carolina; Eastern 
Shawnee Tribe of Oklahoma; Shawnee Tribe, Oklahoma; and the United 
Keetoowah Band of Cherokee Indians in Oklahoma that this notice has 
been published.

    Dated: March 2, 2012.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2012-5583 Filed 3-6-12; 8:45 am]
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