[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Notices]
[Pages 12205-12207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4337]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: U.S. Department of 
the Interior, Bureau of Indian Affairs, Washington, DC, and Arizona 
State Museum, University of Arizona, Tucson, AZ

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is here given in accordance with the Native American Graves 
Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent 
to repatriate cultural items in the control of the U.S. Department of 
the Interior, Bureau of Indian Affairs, Washington, DC, and in the 
physical custody of the Arizona State Museum, University of Arizona, 
Tucson, AZ, that meet the definition of ``unassociated funerary 
objects'' or ``sacred objects'' under 25 U.S.C. 3001.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). 
The determinations in this notice are the sole responsibility of the 
museum, institution, or Federal agency that has control of the cultural 
items. The National Park Service is not responsible for the 
determinations in this notice.
    The 3,134 unassociated funerary objects are 6 awls, 1 bone tube, 2 
pieces botanical material, 5 ceramic bowls, 9 ceramic jars, 1 ceramic 
pitcher, 1 ceramic sherd, 9 clumps of charred botanical material, 67 
charred textile fragments, 1 feather cord, 1 fiber belt fragment, 1 
fiber net fragment, 1 figurine fragment, 51 fur robe fragments, 38 
projectile points, 1 quartz crystal, 7 shells, 487 shell beads, 2 shell 
bracelets, 1 stone pestle, 2 textile bag fragments, 7 textile 
fragments, 2,425 turquoise beads, and 8 wooden sticks.
    The three sacred objects are two wooden prayer sticks and one 
wooden peg.
    From 1960 to 1961, cultural items were removed from the Bartley 
site, AZ T:14:11(ASM), on the Gila Bend Indian Reservation, Maricopa 
County, AZ, during legally authorized excavations conducted by the 
Arizona State Museum under the direction of William Wasley and Alfred 
Johnson. The excavations were conducted under contract with the 
National Park Service as part of the Painted Rocks Reservoir Project. 
The cultural items were accessioned into the collections of the Arizona 
State Museum in 1961. The 18 unassociated funerary objects are 4 
ceramic bowls, 2 ceramic jars, 1 shell,

[[Page 12206]]

2 shell bracelets, and 9 clumps of charred botanical material.
    At an unknown date, cultural items were removed from the Bartley 
site, AZ T:14:11(ASM), on the Gila Bend Indian Reservation, Maricopa 
County, AZ, by an unknown person. The cultural items were subsequently 
acquired by Norton Allen, who donated them to the Arizona State Museum 
in 1997. The 69 unassociated funerary objects are 1 ceramic jar, 1 
ceramic bowl, and 67 charred textile fragments.
    The ceramic assemblage indicates that the Bartley site was occupied 
during the Classic period of the Hohokam Archaeological tradition, 
approximately A.D. 1200-1450.
    From 1960 to 1961, a cultural item was removed from the Ring site, 
AZ T:14:12(ASM), on the Gila Bend Indian Reservation, Maricopa County, 
AZ, during legally authorized excavations conducted by the Arizona 
State Museum under the direction of William Wasley and Alfred Johnson. 
The excavations were conducted under contract with the National Park 
Service as part of the Painted Rocks Reservoir Project. The cultural 
item was accessioned into the collections of the Arizona State Museum 
in 1961. The one unassociated funerary object is a quartz crystal.
    The ceramic assemblage indicates that the Ring site was occupied 
during the Classic period of the Hohokam Archaeological tradition, 
approximately A.D. 1200-1450.
    In 1927, a cultural item was removed from a site near Aguirre Wash, 
AZ AA:10:-- vicinity, on the Tohono O'odham Indian Reservation, Pima 
County, AZ, by Byron Cummings and brought to the Arizona State Museum. 
Records indicate that the object was associated with a grave that was 
exposed by erosion in the side of a wash. The one unassociated funerary 
object is a ceramic jar.
    The ceramic type establishes a date from approximately A.D. 1700 to 
1920.
    At an unknown date prior to October 1935, cultural items were 
removed from a construction site in the vicinity of the Slate 
Mountains, AZ AA:5:-- vicinity, on the Tohono O'odham Indian 
Reservation, Pinal County, AZ, by Alden Jones. Mr. Jones gave them to 
another individual, who then donated them to the Arizona State Museum 
in 1935. The 2,913 unassociated funerary objects are 487 shell beads, 
2,425 turquoise beads, and 1 ceramic jar.
    Based on the ceramic type, the unassociated funerary objects are 
associated with the Hohokam Archaeological tradition, approximately 
A.D. 650-1500.
    From 1930 to 1932, cultural items were removed from Martinez Hill 
Ruin AZ BB:13:3(ASM), on the San Xavier Indian Reservation, Pima 
County, AZ, during legally authorized excavations conducted by the 
University of Arizona under the direction of Byron Cummings and 
accession into the collections of the Arizona State Museum at an 
unknown date prior to 1953. The 11 unassociated funerary objects are 1 
bone tube, 3 ceramic jars, 1 ceramic pitcher, and 6 shells.
    Architectural forms (platform mounds, adobe room blocks, and 
compound walls) and ceramic types indicate occupation of the Martinez 
Hill site during the Tucson phase of the late Classic period of the 
Hohokam Archaeological tradition, approximately A.D. 1300-1450. 
Mortuary practices and the types of funerary objects are consistent 
with this determination.
    In 1942, a cultural item was removed from site AZ DD:2:7(ASM), east 
of Sells on the San Xavier Indian Reservation, Pima County, AZ, during 
an archeological survey of the reservation conducted by the Arizona 
State Museum under the direction of Emil Haury. The one unassociated 
funerary object is a ceramic jar that held cremated human remains at 
the time of discovery. The vessel was accessioned into the museum's 
collections in 1943, but there is no information regarding the 
disposition of the human remains.
    Based on the stratigraphic location of the burial and the ceramic 
type, the object dates to the Vamori or Topowa phases of the Hohokam 
Archaeological tradition, approximately A.D. 700-1150.
    From 1941 to 1942, cultural items were removed from Ventana Cave, 
AZ Z:12:5(ASM), on the Tohono O'odham Indian Reservation, Pima County, 
AZ, during legally authorized excavations conducted by the University 
of Arizona under the direction of Emil Haury. The cultural items were 
accessioned into the collections of the Arizona State Museum in 1942. 
The 66 unassociated funerary objects are 6 bone awls, 2 pieces of 
botanical material, 1 ceramic sherd, 1 feather cord, 1 fiber belt 
fragment, 1 fiber net fragment, 51 fur robe fragments, 2 textile bag 
fragments, and 1 textile sash fragment.
    Ventana Cave is a deeply stratified site with deposits extending 
from the late Pleistocene to modern times. The deepest layers have 
fossils from extinct Pleistocene animals. Lower stratigraphic layers 
contain stone tool fragments characteristic of Folsom culture. There 
are also deposits that contain artifacts and human burials from Archaic 
or pre-pottery periods. The upper ceramic bearing deposits are related 
to Hohokam culture. Early Hohokam ceramics from the cave are 
indistinguishable from contemporary ceramics in the Gila and Santa Cruz 
Basins, however, later Hohokam artifacts differ. The uppermost levels 
contain ceramics and other artifacts typical of historic occupation 
from about A.D. 1700 to the mid-20th century.
    The unassociated funerary objects listed above from Ventana Cave 
were all derived from burials in the ceramic-bearing layers. According 
to Dr. Haury (1975), the burials from these deposits are believed to 
date to the period from A.D. 1000 to 1400.
    In 1942, cultural items were removed from site AA:14:7(ASM) in the 
Coyote Mountains of the Tohono O'odham Indian Reservation, Pima County, 
AZ. The objects were collected from the surface of two graves by Emil 
Haury while conducting a survey of the Tohono O'odham Indian 
Reservation. The 46 unassociated funerary objects are 8 decorated 
wooden sticks and 38 stone projectile points.
    Based on the condition and characteristics of these objects and 
other objects which were present, but not collected, the graves date to 
between A.D. 1850 to 1942.
    In 1965, a cultural item was removed from the San Xavier Bridge 
site AZ BB:13:14(ASM), on the San Xavier Indian Reservation, Pima 
County, AZ, by the Arizona State Museum under the direction of Thomas 
Hemmings. The object was associated with a burial that was exposed by 
erosion of the bank of the Santa Cruz River. The human remains were 
repatriated to the Tohono O'odham Nation in 1987. The one unassociated 
funerary object, which was later found in the museum, is a stone 
pestle.
    Stratigraphy, radiocarbon dates, and attributes of the ceramic 
assemblage at the San Xavier Bridge site indicate occupation during the 
Tanque Verde phase of the Classic period of the Hohokam Archaeological 
tradition, approximately A.D. 1150-1300.
    From 1965 to 1966, a cultural item was removed from the Punta de 
Agua site, AZ BB:13:43(ASM), on the San Xavier Indian Reservation, Pima 
County, AZ, during legally authorized excavations conducted by the 
Arizona State Museum under the direction of R. Gwinn Vivian. The one 
unassociated funerary object is a figurine fragment that had been 
associated with a cremation.
    On the basis of the ceramic types, the cremations at the Punta de 
Agua site were dated to the transition between the Colonial and 
Sedentary periods of the

[[Page 12207]]

Hohokam Archaeological tradition, approximately A.D. 900-1000.
    At an unknown date prior to 1970, cultural items were removed from 
a site about 30 miles south of Casa Grande, AZ AA:9:-- vicinity, on the 
Tohono O'odham Indian Reservation, Pima County, AZ, by unknown persons. 
The cultural items were donated to the Arizona State Museum at an 
unknown date. Records indicate that the cultural items were removed 
from an ``old Pima grave.'' The six unassociated funerary objects are 
textile fragments.
    Some of the textile fragments are from commercially woven cotton 
and some are historic Pima weave. This suggests that the objects date 
to the mid to late 19th century, approximately A.D. 1825-1875.
    At an unknown date during the 1950s, a cultural item was removed by 
an unknown person from the Wihom-ki site, AZ Z:12:-- area, on the 
Tohono O'odham Indian Reservation, Pima County, AZ. The cultural item 
was later obtained by Julian Hayden, who donated it to the Arizona 
State Museum in 1984. The sacred object is a carved wooden peg.
    Based on the condition and location of the sacred object, it 
appears to date to the late historic period, approximately A.D. 1880-
1960.
    In 1941, a cultural item was removed from Ventana Cave AZ 
Z:12:5(ASM), on the Tohono O'odham Indian Reservation, Pima County, AZ, 
during legally authorized excavations conducted by the University of 
Arizona under the direction of Emil Haury. The sacred object was 
accessioned into the collections of the Arizona State Museum in 1941. 
The sacred object is a wooden prayer stick.
    Excavation records report that several such objects were on the 
surface of the site or found within surface debris. This establishes a 
date in the recent historical period, approximately A.D. 1700-1941.
    At an unknown date prior to 1969, a cultural item was removed from 
Ventana Cave, AZ Z:12:5(ASM), on the Tohono O'odham Indian Reservation, 
Pima County, AZ, by Julian Hayden. Mr. Hayden donated the sacred object 
to the Arizona State Museum in 1969. The sacred object is a wooden 
prayer stick.
    There is no specific information regarding the archeological 
context. Records from the 1941 excavations conducted by Emil Haury 
reported that several such objects were on the surface of the site or 
found within surface debris. This establishes a date in the recent 
historical period, approximately A.D. 1700-1969.
    At the time of Spanish entry into southern Arizona in the late 17th 
century, the lands currently under the jurisdiction of the Tohono 
O'odham Nation were occupied by O'odham-speaking populations. The same 
populations have continued to occupy these lands throughout the 
historic period. O'odham people also identify themselves with the 
archeologically-defined Hohokam Archaeological tradition. Cultural 
continuity between the prehistoric occupants of the region and present 
day O'odham, Pee-Posh, and Puebloan peoples is supported by 
continuities in settlement pattern, architectural technologies, 
basketry, textiles, ceramic technology, ritual practices, and oral 
traditions. The descendants of the O'odham, Pee-Posh, and Puebloan 
peoples of the areas described above are members of the Ak Chin Indian 
Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila 
River Indian Community of the Gila River Indian Reservation, Arizona; 
Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the 
Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and 
Zuni Tribe of the Zuni Reservation, New Mexico.
    Officials of the Bureau of Indian Affairs and Arizona State Museum 
have determined that, pursuant to 25 U.S.C. 3001 (3)(B), the 3,134 
unassociated funerary objects described above 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 an Native American individual. Officials of 
the Bureau of Indian Affairs and Arizona State Museum also have 
determined that, pursuant to 25 U.S.C. 3001 (3)(C), the three sacred 
objects described above are specific ceremonial objects needed by 
traditional Native American religious leaders for the practice of 
traditional Native American religions by their present-day adherents. 
Lastly, officials of the Bureau of Indian Affairs and Arizona State 
Museum have determined that, pursuant to 25 U.S.C. 3001 (2), there is a 
relationship of shared group identity that can be reasonably traced 
between the unassociated funerary objects and sacred objects and the Ak 
Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, 
Arizona; Gila River Indian Community of the Gila River Indian 
Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa 
Indian Community of the Salt River Reservation, Arizona; Tohono O'odham 
Nation of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects and/or 
sacred objects should contact John Madsen, Repatriation Coordinator, 
Arizona State Museum, University of Arizona, Tucson, AZ 85721, 
telephone (520) 621-4795, before April 7, 2008. Repatriation of the 
unassociated funerary objects and sacred objects to the Ak Chin Indian 
Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila 
River Indian Community of the Gila River Indian Reservation, Arizona; 
Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the 
Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and 
Zuni Tribe of the Zuni Reservation, New Mexico may proceed after that 
date if no additional claimants come forward.
    The Arizona State Museum is responsible for notifying the Ak Chin 
Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; 
Gila River Indian Community of the Gila River Indian Reservation, 
Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian 
Community of the Salt River Reservation, Arizona; Tohono O'odham Nation 
of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico that 
this notice has been published.

    Dated: February 13, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8-4337 Filed 3-5-08; 8:45 am]
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