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January 29, 2004 Gentlemen of the Board: My name is Bud Nitschke. I live in the township of
Dexter, near Dexter Kansas. Grouse Creek runs through our ranch. At Topeka, Kansas on Wednesday, January 21, 2004, I
met Jennifer Epperson, Archeologist, Cultural Resources Division of the
Kansas State Historical Society. I
showed her a copy of the proposed lake.
After she located the area in her records, she told me that at
the time Highway 166 was redone many sites of Native American culture
were discovered. The area
is one of the few prime locations for historical Indian settlements, but
has not been explored. Jennifer
also showed me a copy of the results of the recent dig that Dexter
conducted by the State Historic Preservation Office (SHPO). The find was
a major one. Jennifer marked on my copy the locations in the Dexter area
of past finds and noted the significance of each.
She told me the finds were sufficient to stop activity in the
area until a volume of tests could be made and the costs would be
tremendous. On December 1, 2003 at the Kaw Nation in Kaw City,
Oklahoma, I met Crystal Douglas, Kanza Museum Director for the Kaw
Nation. Crystal is involved
with the application of Native American Graves Protection and
Repatriation Act (NAGPRA). This act became a law on November 16, 1990
(Public law 101-601; USC 3002 et seq). I showed her a copy of the
proposed lake and after locating the area in her records, she told me
that that area would probably contain numerous Native American graves
which many may not be marked. The
Dexter area was located on or near the Black Dog Trail.
The trail was used extensively before the opening of the Cherokee
Strip. The Kaw, Osage,
Cherokee and possibly other tribes’ graves and artifacts could be
found. Crystal further said
that 1600 Kaw were moved from Council Grove, Kansas in 1872 enroute to
Oklahoma. The Nation spent
one winter in Kansas, just south of Dexter, before completing their
journey the following year in 1873. Records show about 500 died before
reaching their destination across the state line to the area now known
as Ponca City. Typhoid
fever was the main cause of death. Crystal and that Kaw Nation has a machine capable of locating
objects underground. If the
need arose, it is available. She
also said that the Native American Grave Protection and Repatriation Act
could be used to require a permit from the tribe before action could be
taken regarding the lake bottom. A
search for human bones and artifacts would be required, which is very
expensive. Crystal gave me several pictures of human remains that washed
ashore embedded in the banks of the Kaw Lake.
She had received the pictures from the U.S. Corps of Engineers.
The Corps had moved the cemeteries that were possible to be
moved, but some graves were not marked or were not in shape to be moved
or were not moved for other reasons. On October 29, 2003, in Ponca City, Oklahoma at the
Kaw Nation Office, I met Linda Carlyn, who works in the Grants ans
Contracts Department. She supplied me with a copy of the Native American
Graves Protection and Repatriation Act.
Linda stated that one of the most appalling experiences was
seeing in person the bones of their ancestors washed ashore.
Linda said some Native American tribes consider graves sacred
ground and should not be disturbed.
She was familiar with the Dexter area and advised the use of the
Act, as the situation may fit regarding removal of graves, artifacts and
human remains. Tom Trueblood, Restaurant Owner – Kaw City; Sandy
Stevens, Nurse – Kaw City; Jan Heffner, Program Development Services
– Kaw Nation, Kaw City; Wayne Leven, County Commissioner – Newkirk;
and Craig Countryman, Sheriff – Newkirk are long-time residents and
are familiar with the Dexter area and acknowledge the high probability
of unmarked Native American graves.
They also affirmed the trauma that was experienced with the sight
of human bones. Sheriff
Countryman had the duty of removing the bones and taking them to Wichita
State University for validation. Thank you for your attention. Bud Nitschke
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