[Federal Register: October 9, 2001 (Volume 66, Number 195)]
[Notices]
[Page 51461-51462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc01-129]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items in the Possession
of the Peabody Museum of Archaeology and Ethnology, Harvard University,
Cambridge, MA

AGENCY: National Park Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

    Notice is hereby given in accordance with 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 Peabody Museum of Archaeology and Ethnology, Harvard University,
Cambridge, MA, that meet the definition of ``unassociated funerary
objects'' 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 Native
American human remains and associated funerary objects. The National
Park Service is not responsible for the determinations within this
notice.
    The cultural items are 1 shell gorget, 22 shells, 2 shell
ornaments, and 1 ground stone.
    In 1929, a cultural item from Stalling's Island Mound, Columbia
County, GA, was acquired by the Peabody Museum of Archaeology and
Ethnology. The object, one shell gorget, was collected during a 1928-29
expedition sponsored by the Peabody Museum of Archaeology and Ethnology
and led by Cornelius B. and Harriet S. Cosgrove with William Claflin.
    Based on the style and typology of the gorget, it dates to the
Hollywood phase of the Late Mississippian period (A.D. 1250-1450). This
gorget is the type specimen of the ``Claflin style'' gorget, which is
associated with the late prehistoric Mississippian Southeastern
Ceremonial Complex (circa A.D. 1400-1500). The burial context indicates
that the burial was of a Native American. The Peabody Museum of
Archaeology and Ethnology does not have possession or control of the
human remains from this site. Oral traditions as well as ethnohistoric
and archeological documentation support Stalling's Island Mound as
being within the aboriginal and historical homelands of the Creek,
Miccosukee, and Seminole peoples during the Hollywood phase of the Late
Mississippian period. With the abandonment of the Stalling's Island
settlement just prior to European contact, the population transferred
to three distinct tribal towns on the mainland, Coweta, Hitchiti, and
Kashita. The Hitchiti are recognized bands among the Miccosukee and
Seminole today, and the towns were distinct entities within the Creek,
Miccosukee, and Seminole peoples until recent times. These peoples are
represented today by the Alabama-Quassarte Tribal Town, Oklahoma;
Kialegee Tribal Town, Oklahoma; Miccosukee Tribe of Indians of Florida;
Muscogee (Creek) Nation, Oklahoma; Poarch Band of Creek Indians of
Alabama; Seminole Nation of Oklahoma; Seminole Tribe of Florida, Dania,
Big Cypress, Brighton, Hollywood & Tampa Reservations; and Thlopthlocco
Tribal Town, Oklahoma.
    Between 1906 and 1929, 22 shells, 2 shell ornaments, and 1 ground
stone were collected from Stalling's Island Mound, Columbia County, GA,
by William Claflin. In 1985, the William Claflin Collection was donated
to the Peabody Museum. Museum documentation indicates that these
cultural items were recovered with human remains and that the human
remains were either interred inside, or were associated with, ceramic
vessels.
    Based on the ceramic style of the vessels that were associated with
these cultural items, the items date to the Hollywood phase of the Late
Mississippian period (A.D. 1250-1450). The burial context indicates
that the burial was of a Native American. The Peabody Museum of
Archaeology and Ethnology does not have possession or control of the
human remains from these burials. Oral traditions as well as
ethnohistoric and archeological documentation support Stalling's Island
Mound as being within the aboriginal and historical homelands of Creek,
Miccosukee, and Seminole peoples during the Hollywood Phase of the Late
Mississippian period. With the abandonment of the Stalling's Island
settlement just prior to European contact, the population transferred
to three distinct tribal towns on the mainland, Coweta, Hitchiti, and
Kashita. The Hitchiti are recognized bands among the Miccosukee and
Seminole today, and the towns were distinct entities within the Creek,
Miccosukee, and Seminole peoples until

[[Page 51462]]

recent times. These peoples are represented today by the Alabama-
Quassarte Tribal Town, Oklahoma; Kialegee Tribal Town, Oklahoma;
Miccosukee Tribe of Indians of Florida; Muscogee (Creek) Nation,
Oklahoma; Poarch Band of Creek Indians of Alabama; Seminole Nation of
Oklahoma; Seminole Tribe of Florida, Dania, Big Cypress, Brighton,
Hollywood & Tampa Reservations; and Thlopthlocco Tribal Town, Oklahoma.
    Based on the above-mentioned information, officials of the Peabody
Museum of Archaeology and Ethnology have 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 the death rite or ceremony and are
believed, by a preponderance of the evidence, to have been removed from
a specific burial site of a Native American individual. Officials of
the Peabody Museum of Archaeology and Ethnology also have determined
that, pursuant to 43 CFR 10.2 (e), there is a relationship of shared
group identity that can be reasonably traced between these cultural
items and the Creek, Miccosukee, and Seminole peoples, who are
represented by the following federally recognized groups: Alabama-
Quassarte Tribal Town, Oklahoma; Kialegee Tribal Town, Oklahoma;
Miccosukee Tribe of Indians of Florida; Muscogee (Creek) Nation,
Oklahoma; Poarch Band of Creek Indians of Alabama; Seminole Nation of
Oklahoma; Seminole Tribe of Florida, Dania, Big Cypress, Brighton,
Hollywood & Tampa Reservations; and Thlopthlocco Tribal Town, Oklahoma.
    This notice has been sent to officials of the Alabama-Quassarte
Tribal Town, Oklahoma; Kialegee Tribal Town, Oklahoma; Miccosukee Tribe
of Indians of Florida; Muscogee (Creek) Nation, Oklahoma; Poarch Band
of Creek Indians of Alabama; Seminole Nation of Oklahoma; Seminole
Tribe of Florida, Dania, Big Cypress, Brighton, Hollywood & Tampa
Reservations; and Thlopthlocco Tribal Town, Oklahoma. Representatives
of any other Indian tribe that believes itself to be culturally
affiliated with these unassociated funerary objects should contact
Patricia Capone, Repatriation Coordinator, Peabody Museum of
Archaeology and Ethnology, Harvard University, 11 Divinity Avenue,
Cambridge, MA 02138, telephone (617) 496-3702, before November 8, 2001.
Repatriation of the cultural items to the Alabama-Quassarte Tribal
Town, Oklahoma; Kialegee Tribal Town, Oklahoma; Miccosukee Tribe of
Indians of Florida; Muscogee (Creek) Nation, Oklahoma; Poarch Band of
Creek Indians of Alabama; Seminole Nation of Oklahoma; Seminole Tribe
of Florida, Dania, Big Cypress, Brighton, Hollywood & Tampa
Reservations; and Thlopthlocco Tribal Town, Oklahoma may begin after
that date if no additional claimants come forward.

    Dated: July 18, 2001.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-25142 Filed 10-5-01; 8:45 am]
BILLING CODE 4310-70-S