Notice of Inventory Completion: U.S. Department of the Interior, National Park Service, Russell Cave National Monument, Bridgeport, AL

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Federal RegisterSep 3, 2019
84 Fed. Reg. 46042 (Sep. 3, 2019)

AGENCY:

National Park Service, Interior.

ACTION:

Notice.

SUMMARY:

The U.S. Department of the Interior, National Park Service, Russell Cave National Monument has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to Russell Cave National Monument. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

DATES:

Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Russell Cave National Monument at the address in this notice by October 3, 2019.

ADDRESSES:

Stephen Black, Superintendent, Russell Cave National Monument, 3729 County Road 98, Bridgeport, AL 35740, telephone (256) 495-2672, email steve_black@nps.gov.

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 under the control of the U.S. Department of the Interior, National Park Service, Russell Cave National Monument, Bridgeport, AL. The human remains and associated funerary objects were removed from Russell Cave, Jackson County, AL.

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 Superintendent, Russell Cave National Monument.

Consultation

A detailed assessment of the human remains was made by Russell Cave National Monument professional staff in consultation with representatives of the Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; and the United Keetoowah Band of Cherokee Indians in Oklahoma. The Cherokee Nation was invited to consult, but did not participate.

History and Description of the Remains

In 1962, human remains representing, at minimum, 10 individuals were removed from the Russell Cave site in Jackson County, AL, during an archeological excavation by the National Park Service in preparation for an interpretive exhibit within the cave. No known individuals were identified. The one associated funerary object is a projectile point.

Determinations Made by the U.S. Department of the Interior, National Park Service, Russell Cave National Monument

Officials of the U.S. Department of the Interior, National Park Service, Russell Cave National Monument have determined that:

  • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on osteological analysis.
  • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 10 individuals of Native American ancestry.
  • Pursuant to 25 U.S.C. 3001(3)(A), the one object described in this notice is 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. The National Park Service intends to convey the associated funerary object to the Tribes pursuant to 54 U.S.C. 102503 (g) through (i) and 54 U.S.C. 102504.
  • 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 associated funerary objects and any present-day Indian Tribe.
  • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.
  • Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.
  • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains and associated funerary objects may be to the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

Additional Requestors and Disposition

Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Stephen Black, Superintendent, Russell Cave National Monument, 3729 County Road 98, Bridgeport, AL 35740, telephone (256) 495-2672, email steve_black@nps.gov, by October 3, 2019. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma may proceed.

The U.S. Department of the Interior, National Park Service, Russell Cave National Monument is responsible for notifying the Cherokee Nation; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; and the United Keetoowah Band of Cherokee Indians in Oklahoma that this notice has been published.

Dated: July 31, 2019.

Melanie O'Brien,

Manager, National NAGPRA Program.

[FR Doc. 2019-18867 Filed 8-30-19; 8:45 am]

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