[Federal Register: April 26, 2000 (Volume 65, Number 81)]
[Notices]
[Page 24501-24502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap00-96]
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DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion for Native American Human Remains
in the Possession of the Federal Bureau of Investigation (FBI), San
Francisco, CA
AGENCY: National Park Service.
ACTION: Notice.
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Notice is hereby given in accordance with provisions of the Native
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9,
of the completion of an inventory of Native American human remains in
the possession of the Federal Bureau of Investigation (FBI), San
Francisco, CA.
A detailed assessment of the human remains was made by the FBI's
Laboratory Division (Hair and Fiber Section) and San Francisco office
professional staff in consultation with representatives of the Ute
Indian Tribe of the Unitah and Ouray Reservation, Utah.
On July 19, 1996, human remains representing one individual were
recovered by FBI Agents from Ripley's Entertainment, Orlando, FL. These
human remains consist of a scalp with an eagle feather and have been
identified as those of Chief Little Bear of the Unitah and Ouray Ute
bands. No associated funerary objects are present.
In April 1995, these human remains and associated funerary object
were part of The Custer collection being auctioned by Butterfield and
Butterfield. The Custer collection belonged to a Mr. Acevedo from New
York City, NY, and consisted mainly of antique firearms in addition to
other Indian artifacts. On May 5, 1995, these human remains and
associated funerary object were sold to Ripley's Entertainment,
Orlando, FL.
On April 3, 1996, at the request of the United States Attorney's
Office for the Northern District of California, the FBI began an
investigation into the trafficking of Native American scalps by
Butterfield and Butterfield Auction House, San Francisco, CA. On July
19, 1996, Ripley's Entertainment released custody of the Native
American scalp to FBI agents, and these human remains and associated
funerary object were sent to the FBI Laboratory, Washington, DC
[[Page 24502]]
for examination. Based on morphological characteristics, FBI examiners
have determined that the head hairs on the scalp exhibit mongoloid
characteristics, a classification which encompasses Native American
hair.
Butterfield and Butterfield's auction catalog for this collection
states that this scalp was taken at the Battle of Ute, c. 1879, and a
contemporary letter accompanying this scalp states: ``This scalp was
taken near Rawlings, Indian territory, USA, September 26, 1879. It
belonged to the Chief Little-Bear, a Ute Indian, who assisted at the
massacre of U.S. Troops under Captain Tomlinson, near that place. The
feather plaited into the hair, (sic) indicates that he was a chief of
the first rank. Presented to (?) Cooke by Capt. A.N. Cheney, 7th U.S.
Cavalry.''
Historic records provided by the National Park Service with the
assistance of the U.S. Army Center of Military History supports this
letter of provenance. According to historic documents, the U.S. Army
and Ute bands did have military engagements near Rawlings, WY in
September of 1879. Nothing in historic documents, analysis, or
consultation indicates these human remains are those of any other
individual than Little Bear.
Authorities of the United States Fish and Wildlife Service have
been contacted regarding applicability of Federal endangered species
statutes to this transfer and have concurred in the conclusion that the
object is not covered due to its age.
Based on the above mentioned information, officials of the Federal
Bureau of Investigation have determined that, pursuant to 43 CFR 10.2
(d)(1), the human remains listed above represent the physical remains
of one individual of Native American ancestry. Officials of the Federal
Bureau of Investigation have also determined that, pursuant to 43 CFR
10.2(e), there is a relationship of shared group identity which can be
reasonably traced between these Native American human remains and the
Ute Indian Tribe of the Unitah and Ouray Reservation, Utah.
The eagle feather present with these human remains is believed to
have been the personal property of Little Bear. While the eagle feather
does not appear to meet the statutory definition of ``associated
funerary object'', officials of the Federal Bureau of Investigation
have determined that, pursuant to standard practice regarding personal
property, Manual of Administrative Operations and Procedures, Sect. 2-
4.4.1(5), the one object listed above is subject to return to the next
of kin, in this case the Ute Indian Tribe of the Unitah and Ouray
Reservation, Utah.
This notice has been sent to officials of the Ute Indian Tribe of
the Unitah and Ouray Reservation, Utah. Representatives of any other
Indian tribe that believes itself to be culturally affiliated with
these human remains should contact Special Agent Brian J. Guy, FBI, 450
Golden Gate Avenue, San Francisco, CA 94102; telephone: (415) 553-7400,
before May 26, 2000. Repatriation of the human remains to the Ute
Indian Tribe of the Unitah and Ouray Reservation, Utah may begin after
that date if no additional claimants come forward.
The National Park Service is not responsible for the determinations
within this notice.
Dated: April 10, 2000.
Francis P. McManamon,
Departmental Consulting Archeologist, Manager, Archeology and
Ethnography Program.
[FR Doc. 00-10317 Filed 4-25-00; 8:45 am]
BILLING CODE 4310-70-M
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