[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Notices]
[Pages 17196-17198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08233]


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

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0027460; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Phoebe A. Hearst Museum of 
Anthropology, University of California Berkeley, Berkeley, CA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

SUMMARY: The Phoebe A. Hearst Museum of Anthropology 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.

[[Page 17197]]

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 the Phoebe A. 
Hearst Museum of Anthropology. If no additional requestors come 
forward, transfer of control of the human remains to the Indian Tribes 
or Native Hawaiian organizations 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 the Phoebe A. 
Hearst Museum of Anthropology at the address in this notice by May 24, 
2019.

ADDRESSES: Jordan Jacobs, Head of Cultural Policy & Repatriation, 
Phoebe A. Hearst Museum of Anthropology, University of California 
Berkeley, 103 Kroeber Hall, Berkeley, CA 94720, telephone (510) 643-
8230, 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. 3003, of the completion of an inventory of human remains under 
the control of the Phoebe A. Hearst Museum of Anthropology, University 
of California, Berkeley, CA. The human remains were removed from Kings 
County, CA.
    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 the Phoebe 
A. Hearst Museum of Anthropology professional staff in consultation 
with representatives of the Agua Caliente Band of Cahuilla Indians of 
the Agua Caliente Indian Reservation, California; Buena Vista Rancheria 
of Me-Wuk Indians of California; Cahuilla Band Indians (previously 
listed as the Cahuilla Band of Mission Indians of the Cahuilla 
Reservation, California); California Valley Miwok Tribe, California; 
Chicken Ranch Rancheria of Me-Wuk Indians of California; Ione Band of 
Miwok Indians of California; Jackson Band of Miwuk Indians (previously 
listed as the Jackson Rancheria of Me-Wuk Indians of California); Los 
Coyotes Band of Cahuilla and Cupeno Indians, California (previously 
listed as the Los Coyotes Band of Cahuilla & Cupeno Indians of the Los 
Coyotes Reservation); Middletown Rancheria of Pomo Indians of 
California; Morongo Band of Mission Indians, California (previously 
listed as the Morongo Band of Cahuilla Mission Indians of the Morongo 
Reservation); Picayune Rancheria of Chukchansi Indians of California; 
Quechan Tribe of the Fort Yuma Indian Reservation, California & 
Arizona; Ramona Band of Cahuilla, California (previously listed as the 
Ramona Band or Village of Cahuilla Mission Indians of California); 
Santa Rosa Indian Community of the Santa Rosa Rancheria, California; 
Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria 
(Verona Tract), California; Table Mountain Rancheria (previously listed 
as the Table Mountain Rancheria of California); Tejon Indian Tribe; 
Torres Martinez Desert Cahuilla Indians, California (previously listed 
as the Torres-Martinez Band of Cahuilla Mission Indians of California); 
Tule River Indian Tribe of the Tule River Reservation, California; and 
the Wilton Rancheria, California; hereafter referred to as ``The 
Tribes.''

History and Description of the Remains

    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-1 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
collecting archeologists noted an adjacent habitation and burial mound 
and the ongoing Works Progress Administration road construction 
activities that had disturbed it. No known individuals were identified. 
No associated funerary objects are present.
    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-4 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
presence of a habitation and burial mound and the burned remains of a 
modern house has been noted at this site. No known individuals were 
identified. No associated funerary objects are present.
    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-7 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
presence of a burial mound has been noted at this site. No known 
individuals were identified. No associated funerary objects are 
present.
    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-8 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
presence of a burial and occupational mound has been noted at this 
site. No known individuals were identified. No associated funerary 
objects are present.
    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-9 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
presence of a burial mound has been noted at this site. No known 
individuals were identified. No associated funerary objects are 
present.
    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-10 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
presence of a burial mound and the burned remains of a modern house 
have been noted at this site. No known individuals were identified. No 
associated funerary objects are present.
    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-12 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
presence of a burial and occupational mound have been noted at this 
site. No known individuals were identified. No associated funerary 
objects are present.
    In 1939, one set of human remains was removed from the ground 
surface of CA-Kin-19 in Kings County, CA, by Gordon W. Hewes and W. C. 
Massey of the Department of Anthropology at the University of 
California, Berkeley, and donated to the University the same year. The 
presence of a burial and occupational mound have been noted at this 
site. No known individuals were identified. No associated funerary 
objects are present.
    At the time of the removal, the land from which the remains were 
removed was not the tribal land of any Indian Tribe or Native Hawaiian 
organization. On August 29, 2013, the University of

[[Page 17198]]

California, Berkeley initiated consultation with all Indian tribes, The 
Tribes, who are recognized as aboriginal to the area from which these 
Native American human remains were removed. By October 2016, the 
University of California, Berkeley had conducted in-person consultation 
or received written acknowledgment indicating a lack of desired 
continued consultation from all of the aforementioned tribes.
    In 2000, the University of California, Berkeley, determined that 
these human remains are Native American under statute, and in 2018, 
confirmed this determination in light of subsequent clarification in 
Bonnichsen v. United States, 367 F.3d 864 (9th Cir. Or. 2004). The 
University of California, Berkeley agreed to transfer control of the 
human remains to The Tribes. Consultation with all The Tribes indicates 
their unanimous support for the disposition of the human remains to 
Santa Rosa Indian Community of the Santa Rosa Rancheria, California.

Determinations Made by the University of California, Berkeley

    Officials of the University of California, Berkeley have determined 
that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on the preponderance of 
evidence available, particularly the field notes about the collection 
sites prepared by the researcher who originally gathered the human 
remains and through consultation with Native American tribes relevant 
to the geography of these sites.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent eight sets of human remains 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.
     Treaties, Acts of Congress, Executive Orders, or other 
information indicate that the land from which the Native American human 
remains were removed is the aboriginal land of The Tribes.
     Pursuant to 43 CFR 10.11(c)(2)(i), the disposition of the 
human remains may be to The Tribes.

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 Jordan Jacobs, Head of Cultural Policy & 
Repatriation, Phoebe A. Hearst Museum of Anthropology, University of 
California, Berkeley, 103 Kroeber Hall, Berkeley CA 94720, telephone 
(510) 643-8230, email [email protected], by May 24, 2019. After 
that date, if no additional requestors have come forward, transfer of 
control of the human remains to The Tribes may proceed.
    The Phoebe A. Hearst Museum of Anthropology is responsible for 
notifying The Tribes that this notice has been published.

    Dated: March 11, 2019.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2019-08233 Filed 4-23-19; 8:45 am]
 BILLING CODE 4312-52-P