[Federal Register: August 29, 2002 (Volume 67, Number 168)]
[Notices]
[Page 55421-55422]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au02-103]

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items 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
10.10 (a)(3), of the intent to repatriate cultural items in the
possession of the U.S. Department of Justice, Federal Bureau of
Investigation (FBI), Louisville, KY, that meet the definition of
``unassociated funerary object'' under Section 2 of the Act.
    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
cultural items. The National Park Service is not responsible for the
determinations within this notice.
    On February 18, 1999, a search warrant was executed at the home of
Sean Adam Long near Madisonville, KY. Twenty-six items were recovered
by FBI agents during the search that have been determined to meet the
definition of unassociated funerary objects. These cultural items are
14 animal bones, 1 item made from animal bone, 1 stone tubular pipe
fragment, 1 fragment of a Caborn-Welborn ceramic pot (Late
Mississippian Period), 1 coarse shell-tempered ceramic vessel with
strap handles and with soot on exterior, 1 polished and drilled shell
gorget, 1 polished bone tube, 1 box turtle carapace fragment, 1 marine
gastropod, 1 Mississippian Plain water bottle, 1 polished stone atlatl
weight, 1 cannel coal bead, and 1 black stone gorget.
    In an interview with FBI officials, Mr. Long indicated that the
above-mentioned items were originally recovered from specific burial
sites located in Kentucky.
    A detailed assessment of the unassociated funerary objects 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, Oklahama; Delaware Tribe of
Indians, Oklahoma; Eastern Band of Cherokee Indians of North Carolina;
Eastern Shawnee Tribe of Oklahoma; Miami Tribe of Oklahoma; Peoria
Tribe of Indians of Oklahoma; and Shawnee Tribe, Oklahoma.
    Archeological evidence indicates that these items 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 Kentucky during the Prehistoric period is ancestral to
the present-day Delaware Nation, Oklahoma; Delaware Tribe of Indians,
Oklahoma; Eastern Band of Cherokee Indians of North Carolina; Miami
Tribe of Oklahoma; and Peoria Tribe of Indians of Oklahoma.
    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)] was dismissed in return for 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)(2)(ii), these 26 cultural items are
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 are believed to have been removed from specific burial
sites of Native American individuals. 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 these unassociated
funerary objects and the Delaware Nation, Oklahoma; Delaware Tribe of
Indians, Oklahoma; Eastern Band of Cherokee Indians of North Carolina;
Miami Tribe of Oklahoma; and Peoria Tribe of Indians of Oklahoma.

[[Page 55422]]

    Two other items seized during the search of Mr. Long's residence do
not appear to meet the statutory definition of ``associated funerary
object.'' Officials of the FBI have determined, pursuant to standard
practice regarding personal property, Manual of Administrative
Operations and Procedures, Sect. 2-4.4.1 (5), that these two items are
subject to return to the appropriate Indian tribe.
    This notice has been sent to officials of the Absentee-Shawnee
Tribe of Indians of Oklahoma; Delaware Nation, Oklahoma; Delaware Tribe
of Indians, Oklahoma; Eastern Band of Cherokee Indians of North
Carolina; 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 unassociated funerary objects 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 these unassociated funerary
objects to the Delaware Nation, Oklahoma; Delaware Tribe of Indians,
Oklahoma; Eastern Band of Cherokee Indians of North Carolina; Miami
Tribe of Oklahoma; and Peoria Tribe of Indians of Oklahoma may begin
after that date if no additional claimants come forward.

    Dated: August 1, 2002
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-21997 Filed 8-28-02; 8:45 am]
BILLING CODE 4310-70-S
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