FR Doc 05-23865
[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]               
[Page 73264-73265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de05-107]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: Luther College 
Anthropology Lab, Luther College, Decorah, IA

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. 3005, of the intent 
to repatriate cultural items in the possession of the Luther College 
Anthropology Lab, Luther College, Decorah, IA, that meet the definition 
of ``unassociated funerary objects'' under 25 U.S.C. 3001. The cultural 
items were removed from Alamakee County, IA.
    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 cultural 
items. The National Park Service is not responsible for the 
determinations in this notice.
    Luther College Anthropology Lab professional staff consulted with 
representatives of the Iowa Tribe of Kansas and Nebraska, Iowa Tribe of 
Oklahoma, and Otoe-Missouria Tribe of Indians, Oklahoma.
    On October 10, 1997, human remains and associated funerary objects 
from the Flynn Burials (13AM43, also called 13AM43A, 13AM43B, and 
13AM43C) and Malone Cemetery (13AM60), Alamakee County, IA, were 
published in a Notice of Inventory Completion by the Iowa Office of the 
State Archaeologist in the Federal Register (FR Doc. 97-26872, pages 
53023-53025). The human remains were repatriated in November of 1997. 
In 2004, Luther College Anthropology Lab discovered 731 cultural items 
in their collection, which, according to excavation records, were 
cultural items from the Flynn Burials and Malone Cemetery.
    The 731 cultural items are projectile points, scrapers, bifaces, 
preforms, stone tool and fragments, utilized blades, flakes and flake 
fragments, ground stone arrow shaft abraders, hammer stones, limestone 
pipe fragment, Catlinite fragment, celt blank or preform, piece of 
galena, un-modified spall (NCR), complete or partial Oneota vessels and 
sherds, bone arrow shaft straighteners, bone awl, bone pressure flaking 
tool, antler bracelet fragments, turkey tendons, swan bill, dog bones, 
modified fragment of unidentified bone, shell spoons, unmodified shell 
fragment, shell gorget, glass beads, rolled copper/brass beads and 
bracelets, copper ear spirals, iron file, iron knives, iron ring, iron 
spike/awls, iron fragments, fragments of cordage, bark fragments, and 
carbonized beans.
    In September 1958, the Flynn Burials were exposed during road 
widening along Allamakee County Road A26, Allamakee County, IA. A 
minimum of three individuals and associated funerary objects were 
removed by Gavin Sampson. In November 1997, the three individuals were 
reburied without associated funerary objects following publication of 
the Notice of Inventory

[[Page 73265]]

Completion on October 10, 1997. The 551 unassociated funerary objects 
are 357 copper/brass beads, 16 copper/brass bracelets, 2 copper/brass 
ear spirals, 1 metal spike/awl, 2 metal knives, 7 metal fragments, 1 
nearly complete ceramic vessel, 5 ceramic sherds, 1 projectile point, 8 
scrapers, 2 bifaces, 10 blades, 2 preforms, 1 unidentified chipped 
stone tool, 66 flakes and flake fragments, 1 hammer stone, 1 unmodified 
flint spall, 8 glass beads, 2 clam shell spoons, 1 unmodified clam 
shell, 1 bison rib shaft straightener, 25 turkey tendons, 1 swan bill, 
16 antler bracelets, 1 modified bone, 4 fragments of cordage, and 9 
fragments of bark.
    In 1965 and 1966, excavations at the Malone Cemetery were conducted 
by Dr. Sampson after rooting pigs exposed human remains. Dr. Sampson's 
notes indicate that four, and possibly as many as seven individuals, 
were identified during the course of excavations. In November 1997, the 
human remains were reburied without associated funerary objects 
following publication of the Notice of Inventory Completion on October 
10, 1997. The 180 unassociated funerary objects are 7 projectile 
points, 2 scrapers, 3 bifaces, 4 chipped stone tool fragments, 18 
flakes, 2 ground stone shaft abraders, 1 hammer stone, 1 limestone pipe 
fragment, 1 catlinite fragment, 1 celt blank, 1 ground stone scraper/
grainer, 1 piece of galena, 4 partial/reconstructed ceramic vessels, 4 
ceramic sherds, 1 bone straightener, 1 bone awl, 1 bone flaking tool, 3 
dog bones, 4 shell spoons, 1 shell gorget fragment, 4 glass beads, 4 
rolled copper/brass beads, 2 copper/brass ear spirals, 1 metal file, 1 
metal knife, 1 metal spike/awl, 1 metal ring, 5 bark fragments, and 100 
carbonized beans.
    Interments at the two sites date to the latter part of the Orr 
phase (circa A.D. 1640-1700). Archeological evidence, including the 
presence of European trade goods and prevalence of Oneota pottery to 
the exclusion of other types, indicate that the Oneota peoples occupied 
the two sites. The Oneota are Chiwere-Siouan speaking peoples. Oral 
tradition, coupled with historical documentation, suggest that the 
ancestral Oneota people are represented by the present-day Iowa Tribe 
of Nebraska and Kansas, Iowa Tribe of Oklahoma, and the Otoe-Missouria 
Tribe, Oklahoma.
    Officials of the Luther College Anthropology Lab have determined 
that, pursuant to 25 U.S.C. 3001 (3)(B), the 731 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 the death rite or 
ceremony and are believed, by a preponderance of the evidence, to have 
been removed from specific burial sites of Native American individuals. 
Officials of the Luther College Anthropology Lab also have determined 
that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared 
group identity that can be reasonably traced between the unassociated 
funerary objects and the Iowa Tribe of Kansas and Nebraska, Iowa Tribe 
of Oklahoma, and Otoe-Missouria Tribe of Indians, Oklahoma.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Chad Landsman, Laboratory and Collections Manager, Luther 
College Anthropology Lab, Luther College, 700 College Drive, Decorah, 
IA 52101, telephone (563) 387-2156, before January 9, 2006. 
Repatriation of the unassociated funerary objects to the Iowa Tribe of 
Kansas and Nebraska may proceed after that date if no additional 
claimants come forward.
    The Luther College Anthropology Lab is responsible for notifying 
the Iowa Tribe of Kansas and Nebraska, Iowa Tribe of Oklahoma, and 
Otoe-Missouria Tribe of Indians, Oklahoma that this notice has been 
published.

    Dated: November 5, 2005.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 05-23865 Filed 12-8-05; 8:45 am]

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