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###### Department of the Interior

###### National Park Service

          - [2253-665]

# AGENCY:

National Park Service, Interior.

# ACTION:

Notice.

# SUMMARY:

The Minnesota Indian Affairs Council has completed an inventory of human remains, in consultation with the appropriate Indian tribes, and has determined that there is no cultural affiliation between the remains and any present-day Indian tribe. Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains may contact the Minnesota Indian Affairs Council. Disposition of the human remains to the Indian tribes stated below may occur if no additional requestors come forward.

# DATES:

Representatives of any Indian tribe that believes it has a cultural affiliation with the human remains should contact the Minnesota Indian Affairs Council at the address below by February 13, 2012.

# ADDRESSES:

James L. (Jim) Jones, Cultural Resource Director, Minnesota Indian Affairs Council, 3801 Bemidji Avenue NW., Suite 5, Bemidji, MN 56601, telephone (218) 755-3223.

# 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 in the possession of the Minnesota Indian Affairs Council (MIAC). The human remains were removed from Chippewa County, MN.

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 museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

## Consultation

A detailed assessment of the human remains was made by the MIAC professional staff in consultation with representatives of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Bois Forte Band (Nett Lake) of the Minnesota Chippewa Tribe, Minnesota; Flandreau Santee Sioux Tribe of South Dakota; Fond du Lac Band of the Minnesota Chippewa Tribe, Minnesota; Grand Portage Band of the Minnesota Chippewa Tribe, Minnesota; Keweenaw Bay Indian Community, Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians, Michigan; Leech Lake Band of the Minnesota Chippewa Tribe, Minnesota; Lower Sioux Indian Community in the State of Minnesota; Mille Lacs Band of the Minnesota Chippewa Tribe, Minnesota; Minnesota Chippewa Tribe, Minnesota; Prairie Island Indian Community in the State of Minnesota; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Santee Sioux Nation, Nebraska; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Sokaogon Chippewa Community, Wisconsin; Spirit Lake Tribe, North Dakota; St. Croix Chippewa Indians of Wisconsin; Upper Sioux Community, Minnesota; and the White Earth Band of Minnesota Chippewa Tribe, Minnesota (hereinafter referred to as “The Tribes”).

## History and Description of the Remains

                    At an unknown date, human remains representing five individuals were removed from site 21-CP-28, Lac qui Parle Mission, Chippewa County, MN, by an unknown individual who donated the human remains to the Minnesota Historical Society (MHS 293). In 1993, the human remains were transferred to the MIAC (H282). No known                           ( print page 2081)                        individuals were identified. No associated funerary objects are present.                

The context of recovery and dental morphology identify these human remains as pre-contact American Indian affiliation. The remains have no archeological classification and cannot be associated with any present-day Indian tribe.

In 2007, human remains representing two individuals were recovered from site 21-CP-64, an eroding bank on the east shore of the Minnesota River, just above the Lac qui Parle Mission site. The remains were recovered by the Chippewa County Sheriff's Office and transferred to the Minnesota Office of the State Archaeologist, and then transferred to the MIAC (H435). No known individuals were identified. No associated funerary objects are present.

Femora morphology identifies these human remains as American Indian. A single tongue-river silica flake recovered from the shoreline in the immediate vicinity of the grave supports the identification. The remains have no archeological classification and cannot be associated with any present-day Indian tribe.

## Determinations Made by the Minnesota Indian Affairs Council

Officials of the MIAC have determined that:
    - Based on non-destructive physical analysis and catalogue records, the human remains are Native American.
    - 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 any present-day Indian tribe.
    - According to final judgments of the Indian Claims Commission, the land from which the Native American human remains were removed is the aboriginal land of The Tribes.
    - Pursuant to 25 U.S.C. 3001(9) , the human remains described in this notice represent the physical remains of seven individuals of Native American ancestry.
    - Pursuant to 43 CFR 10.11(c)(1) , the disposition of the human remains is to The Tribes.

## Additional Requestors and Disposition

Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains or any other Indian tribe that believes it satisfies the criteria in 43 CFR 10.11(c)(1) should contact James L. (Jim) Jones, Cultural Resource Director, Minnesota Indian Affairs Council, 3801 Bemidji Avenue NW., Suite 5, Bemidji, MN 56601, telephone (218) 755-3223, before February 13, 2012. Disposition of the human remains to The Tribes may proceed after that date if no additional requestors come forward.

The Minnesota Indian Affairs Council is responsible for notifying The Tribes that this notice has been published.

Dated: January 9, 2012.

Sherry Hutt,

Manager, National NAGPRA Program.

[FR Doc. 2012-515 Filed 1-12-12; 8:45 am]

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