[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Pages 21401-21403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08371]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-12619; [PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Central Washington University, 
Ellensburg, WA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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[[Page 21402]]

SUMMARY: Central Washington University has completed an inventory of 
human remains, in consultation with the appropriate Indian tribes or 
Native Hawaiian organizations, and has determined that there is no 
cultural affiliation between the human remains and any present-day 
Indian tribes or Native Hawaiian organizations. Representatives of any 
Indian tribe or Native Hawaiian organization not identified in this 
notice that wish to request transfer of control of these human remains 
should submit a written request to Central Washington University. If no 
additional requestors come forward, transfer of control of the human 
remains to the non-Federally recognized Indian group stated in this 
notice may proceed.

DATES: Representatives of any Indian tribe or Native Hawaiian 
organization not identified in this notice that wish to request 
transfer of control of these human remains should submit a written 
request with information in support of the request to Central 
Washington University at the address in this notice by May 10, 2013.

ADDRESSES: Lourdes Henebry-DeLeon, Department of Anthropology Central 
Washington University, 400 East University Way, Ellensburg, WA 98926-
7544, telephone (509) 963-2167.

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 under 
the control of Central Washington University, Ellensburg, WA. The human 
remains were removed from Yakima County, WA.
    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 Central 
Washington University professional staff in consultation with 
representatives of the Confederated Tribes and Bands of the Yakama 
Nation; Confederated Tribes of the Colville Reservation; and the 
Wanapum Band of Priest Rapids, a non-Federally recognized Indian group.

History and Description of the Remains

    On May 5, 1957, human remains representing, at minimum, one 
individual were removed from site 45-YK-13 in Yakima County, WA, by Mr. 
and Mrs. Cyril Davis, members of the Washington Archaeological Society 
(WAS), a local amateur archaeology group. The human remains consist of 
a cranium and mandible found at the north end of site 45-YK-13. Mr. 
Edward Nolan donated the cranium and mandible to the Thomas Burke 
Memorial Washington State Museum (Burke Museum) on September 29, 1959. 
The collection was formally accessioned by the Burke Museum in 1965 
(Burke Accn. 1965-77). In 1974, the Burke Museum legally transferred 
the cranium and mandible to Central Washington University Department of 
Anthropology (CWU ID AA). No known individuals were identified. No 
associated funerary objects are present.
    In 1958, Dr. Robert Greengo, University of Washington, recorded 45-
YK-13 as a late prehistoric to historic site during an archaeological 
survey in the Priest Rapids and Wanapum Reservoirs. Dr. Greengo noted 
that prior to his work, the WAS dug a narrow test trench perpendicular 
to the river bank. This test trench was never formally reported, but 
Dr. Greengo was informed that some human bones had been found. 
Subsequently, those human remains were examined by physical 
anthropologist Lourdes Henebry-DeLeon of Central Washington University. 
``Priest Rapids'' is written on the cranium. The morphology of the 
remains is consistent with individuals of Native American ancestry and 
the archaeological site context supports the Native American 
determination.
    The Wanapum Band of Priest Rapids, a non-Federally recognized 
Indian group, maintains that, according to tradition, they have always 
inhabited the land area where the human remains were removed. Site 45-
YK-13 lies within the ceded lands of the Confederated Tribes and Bands 
of the Yakama Nation in the Treaty of 1855, but none of the leaders of 
the Wanapum Band of Priest Rapids signed that treaty. The Wanapum Band 
of Priest Rapids continues to live near their ancient village site at 
P'na (Sharkey 1984: 69). In 1951, Harry Tomalawash and Johnny Buck 
describe P`na as being ``upstream from the [first Priest Rapids power 
plant].* * * It means fish caught or fish trap. They used to catch fish 
there in P`na. It was a long trap made of willows. They put it into the 
water and it caught the fish.'' (L.V. McWorter Collection, 1951). 
Beyond the foot of Priest Rapids and extending to the confluence of the 
Snake and Columbia Rivers, Relander reports that the Wanapums ``had 
fifteen villages, the largest being Towmowtowee (Richland), Chanout 
(Hanford), and Tacht (White Bluffs).'' He further states that from 
Kosith (Pasco) northward to Vantage, the Wanapum occupied another 
``thirty-five dwelling places'' (Relander 1956:32).
    Site 45-YK-13 is located within the area identified by the Indian 
Claims Commission as the aboriginal territory of the Wanapum Band of 
Priest Rapids. A. J. Splawn was one of the best informed early settlers 
in central Washington, and expert witnesses for petitioners and 
defendants with claims before the Indian Claims Commission relied on 
his writings (12 Ind. Cl. Comm. 301:324-325). The Indian Claims 
Commission (1963:325-326) found that ``Mr. Splawn's writings concerning 
the areas of occupation of the various Indian tribes and bands within 
the claimed area substantiate and confirm much of the earlier recorded 
observations.'' Mr. Splawn described the areas of occupation of the 
Wanapum to include: ``Wi-nah-pams or Sokulks were Shahap-tam Indians 
and occupied both banks of the Columbia from a short distance above the 
mouth of the Yakima River to Saddle Mountain.'' Splawn wrote that this 
band belonged to the Simcoe (Yakama) reservation but refused to move 
onto it, preferring to die where their bones might rest in the sand 
hills beside their ancestors. James Mooney (1896) wrote that the 
Wanapum ``ranged along both banks of the Columbia from above Crab Creek 
down to the mouth of Snake River. The village where their chief 
Smohalla resided was on the west bank of the Columbia at the * * * foot 
of Priest's Rapids.''
    At the time of the excavation and removal of these human remains, 
the land from which the remains were removed was not the tribal land of 
any Indian tribe or Native Hawaiian organization. Central Washington 
University consulted with all Indian tribes who are recognized as 
aboriginal to the area from which these Native American human remains 
were removed. These tribes are the Confederated Tribes and Bands of the 
Yakama Nation; Confederated Tribes of the Colville Reservation; and the 
Wanapum Band of Priest Rapids, a non-Federally recognized Indian group.
    Pursuant to 43 CFR 10.11(c)(2)(ii), the Secretary of the Interior 
may make a recommendation for a transfer of control of culturally 
unidentifiable human remains with a ``tribal land'' or ``aboriginal 
land'' provenience to a non-Federally recognized Indian group. In

[[Page 21403]]

September 2012, Central Washington University requested that the 
Secretary, through the Native American Graves Protection and 
Repatriation Review Committee, recommend the proposed transfer of 
control of the culturally unidentifiable Native American human remains 
to the Wanapum Band of Priest Rapids, a non-Federally recognized Indian 
group. The Review Committee, acting pursuant to its responsibility 
under 25 U.S.C. 3006(c)(5), considered the request at its November 2012 
meeting and recommended to the Secretary that the proposed transfer of 
control proceed. A March 1, 2013 letter on behalf of the Secretary of 
Interior from the Designated Federal Official transmitted the 
Secretary's independent review and concurrence with the Review 
Committee that:
     Central Washington University consulted with every 
appropriate Indian tribe or Native Hawaiian organization,
     none of the Indian tribes or Native Hawaiian organizations 
agreed to accept control,
     none of the Indian tribes or Native Hawaiian organizations 
objected to the proposed transfer of control, and
     Central Washington University may proceed with the agreed-
upon transfer of control of the culturally unidentifiable human remains 
to the Wanapum Band of Priest Rapids, a non-Federally recognized Indian 
group.

Transfer of control is contingent on the publication of a Notice of 
Inventory Completion in the Federal Register. This notice fulfills that 
requirement.

Determinations Made by Central Washington University

    Officials of Central Washington University have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on morphology and 
archeological context.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of one individual of 
Native American ancestry.
     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.
     Pursuant to 43 CFR 10.11(c)(2)(ii), the disposition of the 
human remains will be to the Wanapum Band of Priest Rapids, a non-
Federally recognized Indian group.

Additional Requestors and Disposition

    Representatives of any Indian tribe or Native Hawaiian organization 
not identified in this notice that wish to request transfer of control 
of these human remains should submit a written request with information 
in support of the request to Lourdes Henebry-DeLeon, Department of 
Anthropology Central Washington University, 400 East University Way, 
Ellensburg, WA, 98926-7544, telephone (509) 963-2167, by May 10, 2013. 
After that date, if no additional requestors have come forward, 
transfer of control of the human remains to the Wanapum Band of Priest 
Rapids, a non-Federally recognized Indian group, may proceed.
    Central Washington University is responsible for notifying the 
Confederated Tribes and Bands of the Yakama Nation; Confederated Tribes 
of the Colville Reservation; and the Wanapum Band of Priest Rapids, a 
non-Federally recognized Indian group, that this notice has been 
published.

    Dated: March 20, 2013.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2013-08371 Filed 4-9-13; 8:45 am]
BILLING CODE 4312-70-P