[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Notices]
[Pages 36107-36109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15379]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: U.S. Department of 
Defense, Army Corps of Engineers, Walla Walla District, Walla Walla, WA 
and Museum of Anthropology, Washington State University, Pullman, WA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

    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 
Defense, Army Corps of Engineers, Walla Walla District, Walla Walla, 
WA, and in the possession of the Museum of Anthropology, Washington 
State University, Pullman, WA, that meet the definition of unassociated 
funerary 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.
    In 1972, cultural items were removed from burials at 45AS2, Asotin 
County, WA. The cultural items and burials were removed during the Nez 
Perce Grave Removal Project by the University of Idaho under contract 
with the Army Corps of Engineers. Following removal, the burials were 
delivered to the University of Idaho. The human remains were returned 
to the Nez Perce Tribe and reburied in Spalding, ID, in 1973. Between 
1996 and 2000, the cultural items were transferred from the University 
of Idaho to Washington State University, and are now unassociated 
funerary objects. The 66 unassociated funerary objects are 34 counted 
objects and 32 lots of objects. The 34 counted objects are 1 abrader, 1 
adze, 1 awl, 3 bifaces, 6 cobble spalls, 5 cores, 2 digging stick 
handles, 2 flake perforators, 2 hafted drills, 1 piece of incised bone, 
7 pestles, 2 projectile points, and 1 fragment of worked bone. The 32 
lots of objects are 4 lots of animal remains, 5 lots of antler 
fragments, 2 lots of antler wedge fragments, 2 lots of antler wedges, 9 
lots of flakes, 2 lots of modified flakes, 1 lot of shell beads, 5 lots 
of shell remains, 1 lot of straight pins, and 1 lot of wood fragments.
    In 1975, cultural items were removed from burials at 45CO1, 
Columbia County, WA. The burials were removed during the Tucannon 
Burial Relocation Project conducted by the University of Idaho under 
contract with the Army Corps of Engineers. Following removal, the 
cultural items and burials were delivered to the University of Idaho. 
The human remains were reburied in Idaho in 1977. In 2000, the 
remaining cultural items were transferred from the University of Idaho 
to Washington State University, and are now unassociated funerary 
objects. The 653 unassociated funerary objects are 95 counted items and 
558 lots of objects. The 95 counted objects are 2 beaver incisors, 4 
bifaces, 1 worked bone fragment, 1 bottle fragment, 13 bullet 
cartridges, 3 copper pendants, 6 cores, 1 digging stick fragment, 8 elk 
tooth beads, 1 hafted drill, 2 incised bone fragments, 2 incised 
digging stick fragments, 1 marble, 1 net sinker, 8 stone pestles, 3 
pipes, 1 piece of polished stone, 15 projectile points, 3 railroad 
spikes, 6 scrapers, 4 shell pendants, 2 stone shaft abraders, and 7 
pieces of worked bone. The 558 lots of objects are 4 lots of buttons or 
grommets, 1 lot of ceramic fragments, 3 lots of cigar box fragments, 4 
lots of clothing and shoes, 3 lots of cordage fragments, 39 lots of 
flakes, 47 lots of glass and metal beads, 19 lots of glass fragments, 1 
lot of matting fragments, 8 lots of metal can fragments, 30 lots of 
metal fragments, 1 lot of mussel fragments, 5 lots of nails, 3 lots of 
paper fragments, 327 lots of shell beads, 12 lots of shell fragments, 
29 lots of shell remains, 15 lots of rolled metal tinklers, 3 lots of 
utilized flakes, and 4 lots of worked bone.
    In 1958 and 1959, cultural items were removed from burials at 
Fishhook Island, 45FR42, Franklin County, WA. In 1958, the Columbia 
Archaeological Society excavated at Fishhook Island. In 1959, the 
Washington State University excavated at Fishhook Island while under 
contract with the National Park Service. The 1958 and 1959 excavations 
took place before the land was acquired by the Army Corps of Engineers. 
At an unknown date, the human remains excavated were delivered to the 
Washington State University and University of Idaho. In 2000, the 
University of Idaho transferred the

[[Page 36108]]

45FR42 materials to Washington State University. In 2006, the Army 
Corps of Engineers physical anthropologists inventoried the human 
remains. Some of the human remains collected are not currently in the 
museum collection, and are believed to have been reburied in 1991. 
Burials numbers 1 through 21 were consecutively assigned by the 
Columbia Archaeological Society to their excavations. Washington State 
University assigned burial numbers 1 through 24 to their excavations. 
The duplicate burial numbers and scant records do not, in many 
instances, permit clear association of funerary objects with the 
burials removed. The 45FR42 burials are estimated to range from the 
proto-historic/historic time periods to the early 1920s. Native 
American objects found with the burials include olivella and dentalia 
shell beads and glass beads. In the early 1900s, local residents 
witnessed Native American burial ceremonies held on Fishhook Island, 
and remember Cayuse, Walla Walla, Wallula, and Palus people in the 
general area during the late 1880s and early 1900s. Fishhook Island is 
located within the overlapping 19th century territories of the Palus 
and the Walla Walla people. The 171 unassociated funerary objects are 
80 counted objects and 91 lots of objects. The 80 counted objects are 
27 cobble spalls, 1 core, 23 elk tooth beads, 2 beaver incisors, 6 bone 
awls, 1 digging stick fragment, 1 digging stick handle, 2 hafted 
drills, 1 adze, 10 preforms, 4 projectile points, and 2 scrapers. The 
91 lots of objects are 22 lots of flakes, 3 lots of red ochre, 24 lots 
of shell beads, 5 lots of shell remains, 7 lots of animal remains, 6 
lots of bag residue, 1 lot of charcoal, 2 lots of fire-cracked rock, 5 
lots of glass and metal beads, 3 lots of juniper seed beads, 4 lots of 
matting fragments, 1 lot of metal fragments, 3 lots of plant remains, 1 
lot of shell pendant fragments, and 4 lots of wood fragments.
    In 1960, cultural items were removed from burials at Ford Island, 
45FR47, Franklin County, WA. Washington State University excavated at 
Ford Island under contract with the Army Corps of Engineers. The 
burials were delivered to the University of Idaho and Washington State 
University. The human remains are thought to have been reburied before 
1985. In 1992, a Washington State University inventory recorded the 
presence of Burial 6 materials in the collection. Between 1996 and 
2000, the University of Idaho transferred materials to Washington State 
University. In 2003, the transferred materials were inventoried, and 
the presence of Burial 9 materials was recorded along with funerary 
objects from other 45FR47 burials. The burials associated with the 
45FR47 collection are Native American as demonstrated by the presence 
of Native American Plateau objects, Plateau burial patterns, and 
eyewitness accounts of Indian people living on Ford Island in the 
1900s. Dentalia shell beads start to be common in the Plateau 
archeological record about 3,000 years ago. Glass beads became 
available to Indian groups from the 1780s through the 1810s. Early and 
late ethnographic documentation indicates the island is located within 
the overlapping 19th century territories of the Palus and Walla Walla 
people. The 165 unassociated funerary objects are 17 counted objects 
and 148 lots of objects. The 17 counted objects are 2 bells, 1 copper 
ring, 1 copper screw, 1 hammerstone, 1 metal ring, 2 net sinkers, 1 
ochre stained ground stone, 3 shell ornaments, 1 spoon, 1 spoon handle, 
1 preform, 1 core, and 1 pipe. The 148 lots of objects are 1 lot of 
animal remains, 1 lot of bag residue, 3 lots of buttons, 2 lots of 
charcoal, 21 lots of fabric remains, 5 lots of flakes, 51 lots of glass 
and metal beads, 2 lots of glass beads, 2 lots of glass fragments, 7 
lots of leather fragments, 27 lots of metal fragments, 1 lot of nails, 
7 lots of organic remains, l lot of soil, and 17 lots of wood 
fragments.
    In 1963, cultural items were removed from 45WT2, Whitman County, 
WA. The excavation took place under contract with the National Park 
Service and before the land was acquired by the Army Corps of 
Engineers. The cultural items were with Burial 1 when excavated. At an 
unknown date, the materials associated with this excavation were 
delivered to Washington State University and the University of Idaho. 
In 2000, one box of materials was transferred from the University of 
Idaho to Washington State University. The Burial 1 remains are not 
labeled and the funerary objects are therefore no longer associated. 
The three unassociated funerary objects are one counted object and two 
lots of objects, which are one pestle, one lot of red ochre, and one 
lot of wood fragments.
    In 1977 and 1978, cultural items were removed from burials at 
45WT53, Whitman County, WA. In 1977, Burials 1 and 2 were removed by 
the University of Idaho while under contract with the Army Corps of 
Engineers. Following removal, the cultural items and burials were 
delivered to the University of Idaho and Washington State University. 
In 1978, Burials 3 through 5 were removed by the University of Idaho 
while under contract to the Army Corps of Engineers as part of the Nez 
Perce Grave Recovery Project. Following removal, the cultural items and 
burials were delivered to the University of Idaho and Washington State 
University. The human remains from both excavations were reburied at 
Spalding, ID, in 1978. In 2000, the cultural items from both 
excavations were transferred from the University of Idaho to Washington 
State University, and are now unassociated funerary objects. The 149 
unassociated funerary objects are 17 counted objects and 132 lots of 
objects. The 17 counted objects are 2 bone pendants, 1 digging stick 
handle, 2 hammerstones, 1 incised bone fragment, 5 stone beads, 5 stone 
knives, and 1 tack. The 132 lots of objects are 6 lots of animal 
remains, 2 lots of bone awl fragments, 23 lots of bone beads, 1 lot of 
buttons, 4 lots of elk tooth beads, 35 lots of flakes, 44 lots of glass 
trade beads, 3 lots of leather fragments, 8 lots of shell beads, 2 lots 
of ochre stained cobbles, 2 lots of red and yellow ochre, and 2 lots of 
soil.
    In 1967, cultural items were removed from burials at the Ferguson 
Burial Site, 45WT55, Whitman County, WA. The Washington State 
University field school excavated Burials 1 through 7 prior to land 
acquisition by the Army Corps of Engineers. The burials were delivered 
to Washington State University following removal. At an unknown time, 
the human remains were transferred to the University of Idaho where a 
pre-NAGPRA program of repatriation was ongoing. In 2000, the University 
of Idaho transferred the remaining 45WT55 collection back to Washington 
State University. Site 45WT55 is adjacent to judicially established Nez 
Perce Indian land and within the overlapping 19th century territories 
of the Palus and Nez Perce people. The unassociated funerary items are 
six lots of wood fragments.
    In 1971, cultural items were removed from burials at 45WT101, 
Whitman County, WA. The University of Idaho removed 33 burials while 
under contract to the Army Corps of Engineers as part of the Nez Perce 
Grave Removal Project. The 45WT101 burials were reported as reburied at 
Spalding, ID, in 1978. In 1998 and 2000, the University of Idaho 
transferred the collection to Washington State University. In 2001, 
during a collections assessment inventory, the Washington State 
University encountered cultural items associated with many of the 
burials. The cultural items are now unassociated funerary objects. The 
88 unassociated funerary objects are 24 counted objects and 64 lots of 
objects. The 24 counted objects are 2 abalone shell pendants, 1 
abrading stone, 1 biface, 4 bone gaming

[[Page 36109]]

pieces, 1 incised stone, 1 nipple topped maul, 1 modified pebble, 6 
preforms, 4 projectile points, 1 scraper, and 2 stone pipes. The 64 
lots of objects are 1 lot of abalone shell fragments, 3 lots of antler 
fragments, 21 lots of flakes, 2 lots of red ochre, 24 lots of shell 
beads, 2 lots of shell remains, and 11 lots of modified wood fragments.
    Six lines of evidence - geographical, archeological, 
anthropological, linguistic, oral tradition, and historical - support 
cultural affiliation of the Confederated Tribes of the Colville 
Reservation, Confederated Tribes of the Umatilla Indian Reservation, 
Confederated Tribes of the Warm Springs Indian Reservation of Oregon, 
Confederated Tribes and Bands of the Yakama Nation, and the Nez Perce 
Tribe with the unassociated funerary objects identified in the above-
mentioned sites and collections. Additionally, a cultural relationship 
is determined to exist between the unassociated funerary objects and 
the Wanapum Band, a non-federally recognized Indian group. Other 
relevant information provided by the Indian tribes and the Wanapum Band 
indicates they are direct descendant communities from the Native people 
that jointly used this area, are intermarried, have enrolled members 
with documented connections to ancestors buried along the Snake River, 
and are all part of the more broadly defined Plateau cultural 
community.
    Officials of the U.S. Department of Defense, Army Corps of 
Engineers, Walla Walla District, have determined that, pursuant to 25 
U.S.C. 3001(3)(B), the 1,301 objects, which are 268 counted objects and 
1,033 lots of 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 Native American individuals. Officials of the U.S. 
Department of Defense, Army Corps of Engineers, Walla Walla District, 
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 Colville Reservation, Washington; Confederated Tribes of the 
Umatilla Indian Reservation, Oregon; Confederated Tribes of the Warm 
Springs Indian Reservation of Oregon; Confederated Tribes and Bands of 
the Yakama Nation, Washington; and the Nez Perce Tribe, Idaho. Lastly, 
officials of the U.S. Department of Defense, Army Corps of Engineers, 
Walla Walla District, have determined that there is a cultural 
relationship between the unassociated funerary objects and the Wanapum 
Band, a non-federally recognized Indian group.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated to the unassociated funerary objects should 
contact LTC Michael Farrell, U.S. Department of Defense, Army Corps of 
Engineers, Walla Walla District, 201 North Third Avenue, Walla Walla, 
WA 99362, telephone (509) 527-7700, before July 26, 2010. Repatriation 
of the unassociated funerary objects to the Confederated Tribes of the 
Colville Reservation, Washington; Confederated Tribes of the Umatilla 
Indian Reservation, Oregon; Confederated Tribes of the Warm Springs 
Indian Reservation of Oregon; Confederated Tribes and Bands of the 
Yakama Nation, Washington; and Nez Perce Tribe, Idaho, may proceed 
after that date if no additional claimants come forward. Lastly, the 
U.S. Department of Defense, Army Corps of Engineers, Walla Walla 
District, acknowledges the participation of the Wanapum Band, a non-
federally recognized Indian group, in the transfer of the unassociated 
funerary objects to the Indian tribes.
    The U.S. Department of Defense, Army Corps of Engineers, Walla 
Walla District, is responsible for notifying the Confederated Tribes of 
the Colville Reservation, Washington; Confederated Tribes of the 
Umatilla Indian Reservation, Oregon; Confederated Tribes of the Warm 
Springs Indian Reservation of Oregon; Confederated Tribes and Bands of 
the Yakama Nation, Washington; Nez Perce Tribe, Idaho; and the Wanapum 
Band, a non-federally recognized Indian group, that this notice has 
been published.

    Dated: June 18, 2010
David Tarler,
Acting Manager, National NAGPRA Program.
[FR Doc. 2010-15379 Filed 6-23-10; 8:45 am]
BILLING CODE 4312-50-S