[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4648-4650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01605]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-20021; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: Fowler Museum at 
the University of California Los Angeles, Los Angeles, CA, and 
California Department of Transportation, Sacramento, CA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Fowler Museum at the University of California Los Angeles 
(UCLA) and California Department of Transportation, in consultation 
with the appropriate Indian tribes or Native Hawaiian organizations, 
have determined that the cultural items listed in this notice meet the 
definition of unassociated funerary objects. Lineal descendants or 
representatives of any Indian tribe or Native Hawaiian organization not 
identified in this notice that wish to claim these cultural items 
should submit a written request to the California Department of 
Transportation. If no additional claimants come forward, transfer of 
control of the cultural items to the lineal descendants, Indian tribes, 
or Native Hawaiian organizations stated in this notice may proceed.

DATES: Lineal descendants or representatives of any Indian tribe or 
Native Hawaiian organization not identified in this notice that wish to 
claim these cultural items should submit a written request with 
information in support of the claim to the California Department of 
Transportation at the address in this notice by February 26, 2016.

ADDRESSES: Tina Biorn, California Department of Transportation, P.O. 
Box 942874 MS 27, Sacramento, CA 94271-0001, telephone (916) 653-0013, 
email [email protected].

SUPPLEMENTARY INFORMATION: 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 under the 
control of the California Department of Transportation 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 Native 
American cultural items. The National Park Service is not responsible 
for the determinations in this notice.

History and Description of the Cultural Items

    In February 1997, 4,280 burial objects were removed from CA-LAN-
2233 in Los Angeles County, CA. The California Department of 
Transportation initiated an emergency recovery effort of burials in the 
path of construction to improve State Route 126. An archeologist had 
previously found a burial on an adjacent private property and notified 
the California Department of Transportation (Caltrans) as construction 
began. During staff efforts to locate the burial, evidence of 
additional burials were found. Staff terminated the exploratory effort 
and came back with a crew consisting of trained osteologists from the 
Archaeological Research Center, California State University, 
Sacramento, and Caltrans staff, under the direction of Dr. Georgie 
Waugh, to recover the burials. In August 1997, six more burials were 
found during highway construction and additional recovery excavations 
were conducted by Dr. Phillip Walker and students of University of 
California (UC) Santa Barbara. Over the course of the project, a total 
of 45 burials were located and transported to UC Santa Barbara for 
analysis. All human remains and non-artifactual and artifactual grave 
associated items identified were reburied as directed by the Most 
Likely Descendant designated by the California Native American Heritage 
Commission. Recent consultations resulted in the identification of 
additional funerary objects because of their proximity to the burials. 
The unassociated funerary objects are 1 stone core, 1,415 pieces of 
stone debitage, 3 pieces of modified bone, 2,828 pieces of unmodified 
faunal bone, 1 soil sample, 6 bags of charcoal samples, and 24 
fragments and 2 bags of seed/nut pieces. Two components were 
identified: An earlier Millingstone adaptation that occurred at least 
prior to 2000 years ago, and perhaps as early as 3000-4000 years ago, 
and a later component securely dated to at least

[[Page 4649]]

2000 to 1630 years ago. The burials are associated with this later 
component.
    In 1966 and 1967, 502 burial items were removed from Xucu (CA-SBA-
1) in Santa Barbara County, CA. Excavations were undertaken by a UCLA 
field course directed by Patrick Finnerty for the State Division of 
Highways prior to construction of Highway 101. This work continued in 
1967, in addition to excavations led by Gary Stickel within an adjacent 
cemetery. Both sets of collections were curated upon completion of 
analysis as provided in the permits. Not all of the 1966 burials were 
curated at UCLA, and their current location is unknown. Radiocarbon 
dates have occupation from 5500 B.C. through Spanish contact periods. 
In 1966, formal burials and fragmentary human remains were discovered 
and removed for curation. While the catalog lists some associated 
funerary objects for ``Burial 1, 2, 3, and 5,'' none of the formal 
burials have been located, and therefore all burial objects are 
recorded as unassociated funerary objects. The total number of objects 
from these features is 328, which includes 280 fragments and 3 bags of 
unmodified animal bones, 1 worked bone, 1 atlatl, 1 core, 10 flakes, 26 
fragments and 1 bag of unmodified shell, 1 stone fragment, 1 
hammerstone, 1 mortar fragment, 1 net weight, and 1 spire-lopped shell 
bead. The 1967 excavations derive from a cemetery context. In addition 
to the burials there were also many features found directly above or 
close to the burials, but not in direct association. The total number 
of objects from these features is 174, which include 67 unmodified 
animal bone, 12 unmodified shell fragments, 1 discoidal, 14 chipped 
stone tools and flakes, 72 groundstone tools and fragments, and 8 
mortar fragments.
    From 1961-1963, two burial objects were removed from Rincon Point 
(CA-SBA-119) in Santa Barbara County, CA. Excavations in 1961 and 1962 
were led by Patrick Finnerty, while still in high school. Most of the 
human remains and artifacts have not been located, however, at least 
some of three burials and objects have been found and curated at the 
Fowler Museum at UCLA. The site dates from 1735-1320 B.C. A few of the 
burial objects associated with the 1961 field season have been curated 
at UCLA. Since the associated human remains have not been located, 
these objects are included here as unassociated funerary objects. They 
are one abrading stone and one megathura shell ornament.
    The sites detailed in this notice have been identified through 
tribal consultation to be within the traditional territory of the 
Chumash people. These locations are consistent with ethnographic and 
historic documentation of the Chumash people.
    The Chumash territory, anthropologically defined first on the basis 
of linguistic similarities, and subsequently on broadly shared material 
and cultural traits, reaches from San Luis Obispo to Malibu on the 
coast, inland to the western edge of the San Joaquin Valley, to the 
edge of the San Fernando Valley, and includes the four Northern Channel 
Islands. At the southern and southeastern boundaries of the territory 
there is evidence of the physical co-existence of Chumash, Tataviam, 
and Gabrielino/Tongva languages and beliefs systems. At the northern 
boundary of the territory there is evidence of the physical co-
existence of Chumash and Salinan groups. The sites in this notice are 
located in the northwestern Los Angeles County and Santa Barbara County 
and fall within the geographical area identified as Chumash. Some 
tribal consultants state that these areas were the responsibility of 
regional leaders, who were themselves organized into a pan-regional 
association of both political power and ceremonial knowledge. Further, 
these indigenous areas are identified by some tribal consultants to be 
relational with clans or associations of traditional practitioners of 
specific kinds of indigenous medicinal and ceremonial practices. Some 
tribal consultants identified these clans as existing in the pre-
contact period and identified some clans as also existing in the 
present day. Other tribal consultants do not recognize present-day 
geographical divisions to be related to clans of traditional 
practitioners. However, they do state that Chumash, Tataviam, and 
Gabrielino/Tongva territories were and are occupied by socially 
distinct, yet interrelated, groups which have been characterized by 
anthropologists. Ethnographic evidence suggests that the social and 
political organization of the pre-contact Channel Islands were 
primarily at the village level, with a hereditary chief, in addition to 
many other specialists who wielded power.
    The unassociated funerary objects described in this notice are 
consistent with those of groups ancestral to the present-day Chumash, 
Tataviam, and Gabrielino/Tongva people. The material cultures of 
earlier groups living in the geographical areas mentioned in this 
notice are characterized by archeologists as having passed through 
stages over the past 10,000 years. Many local archeologists assert that 
the changes in the material culture reflect evolving ecological 
adaptations and related changes in social organization of the same 
populations and do not represent population displacements or movements. 
The same range of artifact types and materials were used from the early 
pre-contact period until historic times. Tribal consultants explicitly 
state that population mixing, which did occur on a small scale, would 
not alter the continuity of the shared group identities of people 
associated with specific locales. Based on this evidence, continuity 
through time can be traced for all sites listed in this notice with 
present-day Chumash people, specifically Santa Ynez Band of Chumash 
Mission Indians of the Santa Ynez Reservation, California.

Determinations Made by the California Department of Transportation

    Officials of the California Department of Transportation have 
determined that:
     Pursuant to 25 U.S.C. 3001(3)(B), the 4,784 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.
     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 Santa Ynez Band of Chumash 
Mission Indians of the Santa Ynez Reservation, California.

Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian tribe or Native 
Hawaiian organization not identified in this notice that wish to claim 
these cultural items should submit a written request with information 
in support of the claim to Tina Biorn, California Department of 
Transportation, P.O. Box 942874 MS 27, Sacramento, CA 94271-0001, 
telephone 916-653-0013, email [email protected], by February 26, 
2016. After that date, if no additional claimants have come forward, 
transfer of control of the unassociated funerary objects to Santa Ynez 
Band of Chumash Mission Indians of the Santa Ynez Reservation, 
California, may proceed.
    The California Department of Transportation is responsible for 
notifying the Santa Ynez Band of Chumash Mission Indians of the Santa 
Ynez Reservation, California, that this notice has been published.


[[Page 4650]]


    Dated: December 21, 2015.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2016-01605 Filed 1-26-16; 8:45 am]
BILLING CODE 4312-50-P