[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Notices]
[Pages 49479-49481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19330]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: Horner Collection, 
Oregon State University, Corvallis, OR

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 possession of the Horner 
Collection, Oregon State University, Corvallis, OR, that meets 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 19 cultural items are 18 unassociated funerary objects and 1 
sacred object. The 18 unassociated funerary objects are 3 wedges, 1 
club or pestle, 7 pestles, 1 pestle fragment, 1 copper pendant, 1 
ground steatite tubular pipe, 1 mano, 2 mauls, and 1 unknown lithic 
item. The one sacred object is a blue schist club in the shape of a 
paddle.
    The Museum of Oregon Country, Oregon Agricultural College was 
renamed the John B. Horner Museum of the Oregon Country in 1936, and 
became commonly known as the Horner Museum. The Oregon Agricultural 
College was renamed the Oregon State College in 1937, and became Oregon 
State University in 1962. The Horner Museum closed in 1995. Currently, 
cultural items from the Horner Museum are referred to as the Horner 
Collection, which is owned by, and in the possession of, Oregon State 
University.
    The Horner Collection, Oregon State University professional staff 
consulted with representatives of the Confederated Tribes of the Coos, 
Lower Umpqua and Siuslaw Indians of Oregon; Confederated Tribes of the 
Grand Ronde Community of Oregon; Confederated Tribes of the Siletz 
Reservation, Oregon; Coquille Tribe of Oregon; Karuk Tribe of 
California; Smith River Rancheria, California; and Yurok Tribe of the 
Yurok Reservation, California. The Confederated Tribes and Bands of the 
Yakama Nation, Washington; Confederated Tribes of the Chehalis 
Reservation, Washington; Cowlitz Indian Tribe, Washington; Hawai`i 
Island Burial Council; Hoh Indian Tribe of the Hoh Indian Reservation, 
Washington; Hui Malama I Na Kupuna O Hawai`i Nei; Jamestown S'Klallam 
Tribe of Washington; Kauai/Niihau Island Burial Council; Lower Elwha 
Tribal Community of the Lower Elwha Reservation, Washington; Lummi 
Tribe of the Lummi Reservation, Washington; Makah Indian Tribe of the 
Makah Indian Reservation, Washington; Maui/Lanai Island Burial Council; 
Molokai Island Burial Council; O'ahu Burial Committee; Office of 
Hawaiian Affairs; Quartz Valley Indian Community of the Quartz Valley 
Reservation of California; Quileute Tribe of the Quileute Reservation, 
Washington; Quinault Tribe of the Quinault Reservation, Washington; 
Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation, 
Washington; Skokomish Indian Tribe of the Skokomish Reservation, 
Washington; Swinomish Indians of the Swinomish Reservation, Washington; 
and Tulalip Tribes of the Tulalip Reservation, Washington were informed 
of items in this claim, but did not participate in the consultations.
    At an unknown date, a blue schist club in the shape of a paddle was 
removed from an unknown location in Illahee, Curry County, OR, by an 
unknown person. In 1940, the club was brought to the Horner Museum by 
Mrs. C.H. Pettinger. In 1965, the club was accessioned into the Horner 
Collection.
    During consultation, a representative of the Confederated Tribes of 
the Siletz Reservation, Oregon, identified the paddle as a ceremonial 
paddle for stirring hot stones used to cook acorns in cooking baskets 
for feasts and that it is needed for ceremonies that continue to be 
practiced today. There are other known examples of stone paddles from 
this same area. Illahe is in the divide between Chasta Costa 
(Athabaskan) and Takelma territory along the Rogue River. The Illahe 
area is primarily considered to be Chasta Costa. The Chasta Costa 
people were brought to the Siletz reservation in 1856. The Handbook of 
American Indians North of Mexico Part I (ed. Fredrick Webb Hodge, 
1912), states that the Chasta Costa were an Athabaskan group living 
mostly on the north bank of the Rogue River from its junction with the 
Illinois River upstream nearly to the mouth of the Applegate River and 
that the Chasta Costa were taken to the Siletz reservation in 1856. 
Museum records and tribal representatives agree that this object is 
culturally affiliated with the Confederated Tribes of the Siletz 
Reservation, Oregon and that the paddle is a sacred item needed for use 
in traditional ceremonies that continue to be practiced today.
    At an unknown date, cultural items were removed from an unknown 
site near Pistol River, Curry County, OR. In 1970, Mrs. Dorothy Timeus 
donated the cultural items to the museum. According to Mrs. Timeus, the 
cultural objects were found in the sand dunes near the Pistol River. It 
is unknown if the cultural objects were removed by Mrs. Timeus. The 
Horner Collection, Oregon State University has no evidence the cultural 
items were ever buried with any individual. However, Mrs. Timeus is 
known to have collected human remains and cultural items from burials 
and mounds. Based on consultation and museum records, the Horner 
Collection, Oregon State University has identified these cultural items 
as unassociated funerary objects. The 11 unassociated funerary objects 
are 6 pestles, 1 pestle fragment, 1 mano, 2 mauls, and 1 unknown 
lithic.
    A letter written by Mr. Harmon Timeus, Mrs. Timeus' son, states, 
``I

[[Page 49480]]

have checked with several authorities concerning the Indian skulls and 
relics...they are all from the To-To-Tin tribe. There were many smaller 
groups of this tribe. The Chetl-essen-tans is the specific group which 
inhabited the land where the relics were found.'' The authorities cited 
in the letter are unknown. The tribe mentioned in the letter is most 
likely the Chet-less-ing-ton Band of Too-too-to-ney tribe, who were 
located at the eddy of Pistol River in the 1800s. The Chet-less-ing-ton 
were signatories to the Oregon Coast Treaty of 1855 and by 1857 the 
Chet-less-ing-ton were residing on the reservation of the Confederated 
Tribes of the Siletz Reservation, Oregon (Harris, 1858). The Chet-less-
ing-ton are a subgroup of the Athabaskan/Tututni, which is one of the 
member tribes of the Confederated Tribes of the Siletz Reservation, 
Oregon.
    At an unknown date, a club or pestle was removed from Wellen, 
Jackson County, OR, by an unknown person. In 1912, a pestle was removed 
from the mouth of the Applegate River, Josephine County, OR, by an 
unknown person. In 1934, the two cultural items were donated to the 
Horner Museum by J.G. Crawford. The Horner Collection, Oregon State 
University has no evidence the club/pestle or pestle was ever buried 
with any individual. However, J.G. Crawford is known to have collected 
human remains and cultural items from burials and mounds. Based on 
consultation and museum records, the Horner Collection, Oregon State 
University has identified these cultural items as unassociated funerary 
objects.
    The traditional territory of the Shasta, Takelma, and Applegate 
River Athabaskans (Dakubetede) included Jackson and Josephine Counties, 
OR. In May 1857, all three groups were permanently moved to the Siletz 
Reservation.
    At an unknown date, a black steatite tubular pipe was removed from 
an Indian grave on the Klamath River near Copco, Siskiyou County, CA, 
by an unknown person. In 1928, the pipe was donated to the Horner 
Museum by C.J. Lisle. Museum records clearly state this object was 
taken from a grave, but there is no indication that the human remains 
were exhumed. Based on museum records, Horner Collection, Oregon State 
University identifies this cultural item as an unassociated funerary 
object.
    The Yreka, Fort Jones, Scott River, and Upper Klamath River areas 
were traditional territories for many of the people who were taken to 
the Siletz Reservation. Some Siletz tribal members still reside in 
those areas. The Shasta people of northern California and southern 
Oregon moved to Upper Farm and Shasta Farm on the Siletz Agency in May 
1857 and Rogue River, Chasta, Scoton and Grave Creek treaty funds were 
expended in the development of those farms. A schoolhouse, agency 
hospital, mills, and other treaty stipulations were carried out by the 
Siletz agency because these tribes were residents on the Siletz 
Reservation.
    At an unknown date, a copper pendant was removed from an unknown 
location possibly by J.B. Horner. J.B. Horner donated the pendant to 
the Horner Museum in 1933. A tribal representative of the Confederated 
Tribes of the Siletz Reservation, Oregon identified that copper 
pendants and bangles have ``been frequently found in burials from the 
Willamette Valley and all parts of the Oregon Coast, all of which is 
within the aboriginal territory of the Confederated Tribes of Siletz. A 
good portion of that area is also within the original boundaries of the 
Siletz Reservation, as established in 1855.'' During consultation, the 
copper pendant was identified as an object that appears to have been 
buried at one time and as an object that would have been buried with 
the owner. The Horner Collection, Oregon State University has no 
evidence the pendant was ever buried with any individual. However, 
based on consultation, the Horner Collection, Oregon State University 
has identified this cultural item as an unassociated funerary object.
    At an unknown date, three wedges were removed from Seal Rock near 
Newport, Lincoln County, OR, by an unknown person. These cultural items 
were brought to the Horner Museum in 1933 by J.G. Crawford and 
accessioned into the Horner Collection in 1958. The Horner Collection, 
Oregon State University has no evidence the three wedges were ever 
buried with any individual. However, Mr. Crawford is known to have 
collected human remains and cultural items from burials and mounds. 
Based on consultation and museum records, the Horner Collection, Oregon 
State University has identified these cultural items as unassociated 
funerary objects.
    The Alsean tribal village of Kitau, now known as Seal Rock, is 
within the boundaries of the Siletz Reservation established in 1855 and 
is the site of a large midden containing many burials from Kitau. The 
Alsea tribe's homeland was with the Siletz Reservation and they became 
members of the Confederated Tribes of the Siletz Reservation, Oregon.
    Officials of the Horner Collection, Oregon State University have 
determined that, pursuant to 25 U.S.C. 3001 (3)(B), the 18 cultural 
items 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 a 
Native American individual. Officials of the Horner Collection, Oregon 
State University also 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 the 
Confederated Tribes of the Siletz Reservation, Oregon.
    Officials of the Horner Collection, Oregon State University have 
determined that, pursuant to 25 U.S.C. 3001 (3)(C), the one cultural 
item described above is a specific ceremonial object needed by 
traditional Native American religious leaders for the practice of 
traditional Native American religions by their present-day adherents. 
Officials of the Horner Collection, Oregon State University also 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 sacred object and the Confederated Tribes of the Siletz 
Reservation, Oregon.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the sacred object and/or unassociated 
funerary objects should contact Sabah Randhawa, Executive Vice 
President and Provost, President's Office, Oregon State University, 600 
Kerr Administration Building, Corvallis, OR 97331, telephone (541) 737-
8260, before September 22, 2008. Repatriation of the sacred object and 
unassociated funerary objects to the Confederated Tribes of the Siletz 
Reservation, Oregon may proceed after that date if no additional 
claimants come forward.
    Horner Collection, Oregon State University is responsible for 
notifying the Confederated Tribes and Bands of the Yakama Nation, 
Washington; Confederated Tribes of the Chehalis Reservation, 
Washington; Confederated Tribes of the Coos, Lower Umpqua and Siuslaw 
Indians of Oregon; Confederated Tribes of the Grand Ronde Community of 
Oregon; Coquille Tribe of Oregon; Confederated Tribes of the Siletz 
Reservation, Oregon; Cowlitz Indian Tribe, Washington; Hawai`i Island 
Burial Council; Hoh Indian Tribe of the Hoh Indian Reservation, 
Washington; Hui Malama I Na Kupuna O Hawai`i Nei; Jamestown S'Klallam 
Tribe of Washington; Karuk Tribe of California; Kauai/Niihau Island 
Burial Council; Lower Elwha Tribal

[[Page 49481]]

Community of the Lower Elwha Reservation, Washington; Lower Umpqua and 
Siuslaw Indians of Oregon; Lummi Tribe of the Lummi Reservation, 
Washington; Makah Indian Tribe of the Makah Indian Reservation, 
Washington; Maui/Lanai Island Burial Council; Molokai Island Burial 
Council; O'ahu Burial Committee; Office of Hawaiian Affairs; Quileute 
Tribe of the Quileute Reservation, Washington; Quartz Valley Indian 
Community of the Quartz Valley Reservation of California; Quinault 
Tribe of the Quinault Reservation, Washington; Shoalwater Bay Tribe of 
the Shoalwater Bay Indian Reservation, Washington; Skokomish Indian 
Tribe of the Skokomish Reservation, Washington; Smith River Rancheria, 
California; Swinomish Indians of the Swinomish Reservation, Washington; 
Tulalip Tribes of the Tulalip Reservation, Washington; and Yurok Tribe 
of the Yurok Reservation, California that this notice has been 
published.

    Dated: July 14, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8-19330 Filed 8-20-08; 8:45 am]
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