[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Notices]
[Pages 29174-29177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9970]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent To Repatriate Cultural Items: Thomas Burke 
Memorial Washington State Museum, University of Washington, Seattle, WA

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 control the Thomas Burke Memorial 
Washington State Museum (Burke Museum), University of Washington, 
Seattle, 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.
    Between the 1950s and 2002, a cultural item was removed from an 
unspecified location in the Columbia River area in Washington. The 
cultural item was collected by Ms. Rosemary Horwood through purchase 
and donated to the Burke Museum in 2004 (Burke Accn. <greek-i>2004-72). 
No human remains are present. The one unassociated funerary object is a 
necklace of copper beads.
    Exact provenience is unknown; however, the cultural item is 
consistent with cultural items typically found in the context with 
burials in eastern Washington.
    In 1959-1960, 15 cultural items were removed from the north bank of 
the Snake River, approximately five to six miles down river from the 
mouth of the Palouse River in Franklin County, WA, by Dr. Harold Bergen 
and Mrs. Marjory Bergen. The Bergens designated this site <greek-i>14 
or the ``Pipe Site.'' The cultural items were donated to the Burke 
Museum in 1989 (Burke Accn. <greek-i>1989-57). The 15 unassociated 
funerary objects are 1 groundstone tool, 1 core, 1 stone pendant, 1 
hammer stone, 1 modified stone, 1 stone paint pot, 1 pipe, 4 points, 3 
scrapers, and 1 bag containing over 200 seeds.
    The burial pattern and unassociated funerary objects are consistent 
with Native American Plateau customs. The 1963 Indian Claims Commission 
decision indicates that this area is within the Palouse aboriginal 
territory. Early and late ethnographic documentation indicates that the 
present-day location of the Snake River in Franklin County, WA is 
within an overlapping aboriginal territory of the Cayuse, Palouse, 
Yakama, and Walla Walla (Daugherty 1973, Hale 1841, Mooney 1896, Ray 
1936, Spier 1936, Sprague 1998, Stern 1998) whose descendants are 
members of the Confederated Tribes and Bands of the Yakama Nation, 
Washington; Confederated Tribes of the Colville Reservation, 
Washington; Confederated Tribes of the Umatilla Reservation, Oregon; 
Confederated Tribes of the Warm Springs Reservation of Oregon; Nez 
Perce Tribe of Idaho; and Wanapum

[[Page 29175]]

Band, a non-federally recognized Indian group. Information provided by 
the tribes listed above indicates that the aboriginal ancestors 
occupying this area were highly mobile and traveled the landscape for 
gathering resources as well as trade, and are all part of the more 
broadly defined Plateau cultural community.
    Between the 1890s and early 1900s, 18 cultural items were removed 
from the ``Plateau area'' by Dr. Robert E. Stewart and purchased by the 
Burke Museum in 1905 (Burke Accn. <greek-i>40). The ``Plateau area'' is 
a broadly defined cultural area. No human remains are present. The 18 
unassociated funerary objects are 4 metal pendants, 7 metal bells, 1 
bunch of thimbles and beads strung together, 5 metal bracelets, and 1 
brass ornament.
    Between 1889 and 1902, 118 cultural items were removed from Celilo 
Island, Klickitat County, WA, by Dr. Stewart and purchased by the Burke 
Museum in 1905 (Burke Accn. <greek-i>40). No human remains are present. 
The 118 unassociated funerary objects are 3 atlatl weights, 2 axe 
heads, 1 groundstone ball, 8 stone beads, 6 stone carvings, 1 metal 
club, 6 grooved abraders, 19 groundstone tools, 2 knives, 1 maul, 1 
metal spear point, 1 mortars, 1 net weight, 17 paint dishes or mortars, 
19 stone pendants, 3 pestles, 6 pipes, 2 pistol barrels, 2 points, 1 
stone sculpture, 1 metal spear, 2 metal spikes,12 stone war club heads, 
and 1 metal chisel.
    Between 1890 and 1895, four cultural items were removed near 
Goldendale in Klickitat County, WA, by Dr. Stewart and donated to the 
Burke Museum in 1905 (Burke Accn. <greek-i>40). No human remains are 
present. The four unassociated funerary objects are one stone 
sculpture, one metal axe head, one pistol barrel, and one gaming piece.
    Between 1896 and 1902, eight cultural items were removed from 
Memaloose Island, Klickitat County, WA. The objects were removed from a 
grave and purchased by Dr. Stewart. The Burke Museum purchased the 
unassociated funerary objects from Dr. Stewart in 1905 (Burke Accn. 
<greek-i>40). No human remains are present. The eight unassociated 
funerary objects are two metal axe heads, one knife, one metal point, 
one metal tool, one metal spear, one metal spike, and one metal war 
club.
    Between 1896 and 1902, 60 cultural items were removed from an 
unspecified location in the Chamberlain Flats area in Klickitat County, 
WA, by Dr. Stewart and purchased by the Burke Museum in 1905 (Burke 
Accn. <greek-i>40). No human remains are present. The 60 unassociated 
funerary objects are 1 metal axe head, 4 chipped stone tools, 1 carved 
stone effigy figure, 9 mauls, 2 bone tools with stone fragment, 1 
antler tool with stone fragment, 4 groundstone tools, 1 moccasin last, 
10 mortars, 4 paint dishes/mortars, 9 pestles, 4 pipes, 1 pistol 
barrel, 1 metal point, 1 stone sculpture, 6 stone sinkers, and 1 metal 
spear.
    Museum documentation indicates that Dr. Stewart collected from 
Native American graves at the five sites described above. Exact 
provenience of each cultural item is unknown, however, Dr. Stewart 
primarily collected in Klickitat County, WA. The cultural items have 
been determined to be unassociated funerary objects based on the fact 
that these sites were described by Dr. Stewart as ``burial ground.'' 
The cultural items are also consistent with funerary objects typically 
found in the context with burials in eastern Washington.
    In 1925, one cultural item was removed from a cremation pit by an 
unknown individual on an island in the Columbia River in Klickitat or 
Skamania County, WA. The cultural item is a metal lid, which was 
donated by Mrs. Irene A. Walker to the Burke Museum in 1963 (Burke 
Accn. <greek-i>1963-139). A note found with the lid indicates that the 
island was located near the Bridge of Gods. No human remains are 
present.
    Between 1950 and 1960, 57 cultural items were removed from the 
``Klickitat Cremation Pit'' east of Little and Big Klickitat Rivers in 
Klickitat County, WA, by Dr. Bergen. Dr. Bergen designated the location 
as Site <greek-i>22 and donated the cultural items to the Burke Museum 
in 1989 (Burke Accn. <greek-i>1989-57). No human remains are present. 
The 57 unassociated funerary objects are 15 glass beads, 3 chipped 
stone tools, 3 groundstone club fragments, 1 stone drill, 1 grooved 
abrader, 1 groundstone tool, 1 modified bone, 1 paint mortar, 4 
fragments of a paint mortar, 2 turquoise pendants, 1 pestle fragment, 3 
pipe fragments, 11 chipped stone points, 1 petrified wood point, 7 
pieces of red ochre, 1 scraper, and 1 unmodified dentalium shell.
    Between 1950 and 1960, 11 cultural items were removed from Spedis 
Valley, designated as Site <greek-i>19, in Klickitat County, WA, by Dr. 
Bergen and donated to the Burke Museum in 1989 (Burke Accn. 
<greek-i>1989-57). No human remains are present. The 11 unassociated 
funerary objects are 2 basketry fragments, 1 decorated lead piece, 1 
decorated metal fragment, 1 pipe bowl, 1 point, 2 unmodified dentalium 
shells, 1 perforated olivella shell, 1 strung abalone shell, and 1 
strung copper ore fragment.
    Between 1950 and 1960, 8,157 cultural items were removed from the 
Klickitat Ridge, designated as Site <greek-i>26, Klickitat County, WA, 
by Dr. Bergen and donated to the Burke Museum in 1989 (Burke Accn. 
<greek-i>1989-57). No human remains are present. The 8,157 unassociated 
funerary objects are 1 awl; 3 bells (2 with fabric attached); 8,094 
beads (shell, dentalium, glass, and copper ore); 10 copper bracelets; 2 
coin pendants; 2 flakes; 1 gorget; 3 iron spikes; 1 modified shell 
fragment; 2 net weights; 2 metal pendants; 13 copper pendants, gorgets 
or armor fragments; 1 shell pendant; 1 carved bone ring fragment; 4 
copper ring fragments; 5 clay buttons; 2 shell buttons; 4 leather 
strips with copper tacks attached; and 6 thimbles.
    Between 1950 and 1960, 25 cultural items were removed from the 
Spedis Valley Cremation Pit Site, designated as Site <greek-i>21, 
Klickitat County, WA, by Dr. Bergen and donated to the Burke Museum in 
1989 (Burke Accn. <greek-i>1989-57). No human remains are present. The 
25 unassociated funerary objects are 4 abraders, 1 adze blade, 2 antler 
tools, 1 copper ore fragment, 2 stone discoids, 1 bone tool fragment, 2 
groundstone tool fragments (possibly adze fragments), 3 groundstone 
tool fragments (possibly club fragments), 1 net weight, 2 bone 
pendants, 1 pipe stem, 4 points, and 1 red ochre piece.
    In 1953, three cultural items were removed from the cliffs above 
Wakemap Mound in Klickitat County, WA, by Mr. Warren Caldwell and 
donated to the Burke Museum in 1953 (Burke Accn. <greek-i>3877). No 
human remains are present. The three unassociated funerary objects are 
cradle boards.
    Between 1955 and 1958, 1,626 cultural items were removed from an 
eroded campsite along the river banks from the Fountain Bar Site, 
designated as Site <greek-i>15, Klickitat County, WA, by Dr. Bergen and 
donated to the Burke Museum in 1989 (Burke Accn. <greek-i>1989-57). No 
human remains are present. The 1,626 unassociated funerary objects are 
1,609 shell beads and shell fragments (dentalium, oyster, and shell 
disc beads); 5 mammal bone fragments; 11 chipped stone points; and 1 
unmodified stone.
    Between 1956 and 1958, 66 cultural items were removed from south of 
Alderdale, designated as Site <greek-i>1, Klickitat County, WA, by Dr. 
Bergen and donated to the Burke Museum in 1989 (Burke Accn. 
<greek-i>1989-57). No human remains are present. The 66 unassociated 
funerary objects are 56 glass beads, 5 copper tubes, 3 dentalium

[[Page 29176]]

(plus small fragments), 1 stone pendant, and 1 modified ground stone.
    In 1956, four cultural items were removed from the cliffs above 
Wakemap Mound, Klickitat County, WA, by Mr. Robert Ferris and donated 
to the Burke Museum in 1956 (Burke Accn. <greek-i>4112). No human 
remains are present. The four unassociated funerary objects are one 
cradle board and three cradle poles.
    In 1957, 25 cultural items were removed from the Maybe Site, 
designated as Site <greek-i>11, near the Dalles Dam, Klickitat County, 
WA, by Dr. Bergen and donated to the Burke Museum in 1989 (Burke Accn. 
<greek-i>1989-57). No human remains are present. The 25 unassociated 
funerary objects are 1 abrader, 2 atlatl weights, 3 groundstone tools, 
3 mauls, 1 mortar, 1 pile driver, 13 points, and 1 net weight.
    In 1964, 169 cultural items were removed from the Obie Site 
<greek-i>2, also designated as Site <greek-i>45, near the Dalles Dam, 
Klickitat County, WA, by Dr. Bergen and donated to the Burke Museum in 
1989 (Burke Accn. <greek-i>1989-57). No human remains are present. The 
169 unassociated funerary objects are 3 abraders, 4 antler wedges, 11 
atlatl weights, 1 awl, 9 stone beads, 2 pieces of graphite, 15 chipped 
stone tools, 7 choppers, 2 discoids, 6 drills, 1 glass fragment, 1 
graver, 13 groundstone tools, 2 hammerstones, 1 leather fragment, 4 
mauls, 1 mortar, 2 nails, 2 copper ore fragments, 1 iron tube, 65 
points, 1 piece of red ochre, 1 piece of yellow ochre, 9 scrapers, 1 
large stone bead, and 4 utilized flakes.
    Between 1955 and 1957, 361 cultural items were removed from the 
Colwash Valley and Lois/Over Sites (45-KL-27) in Klickitat County, WA, 
by a University of Washington Field Party led by Mr. Robert B. Butler. 
The cultural items were transferred to the Burke Museum by Mr. Butler 
and formerly accessioned in 1966 (Burke Accn. <greek-i>1966-100). No 
human remains are present. The 361 unassociated funerary objects are 3 
incised beads, 1 pottery bead, 119 lots of bone clubs and club 
fragments (includes refitted fragments), 2 pieces of copper ore, 1 bone 
harpoon, 1 maul, 1 piece of ochre, 4 lots of modified tooth or bone 
fragments, 3 mortars, 1 net weight, 45 pipes, 10 stone points, 164 lots 
of worked bone fragments, 2 pottery fragments, 1 ground shell fragment, 
and 3 utilized flakes.
    Museum documentation indicates that the cultural items from the 
twelve sites described above were found in connection with burials. The 
objects are consistent with cultural items typically found in the 
context with burials in eastern Washington. Early and late published 
ethnographic documentation indicates that this was the aboriginal 
territory of the Western Columbia River Sahaptins, Wasco, Wishram, 
Yakima, Walla Walla, Umatilla, Tenino, and Skin (Daugherty 1973, Hale 
1841, Hunn and French 1998, Stern 1998, French and French 1998, Mooney 
1896, Murdock 1938, Ray 1936 and 1974, Spier 1936) whose descendants 
are members of the Confederated Tribes and Bands of the Yakama Nation, 
Washington; Confederated Tribes of the Umatilla Reservation, Oregon; 
and Confederated Tribes of the Warm Springs Reservation of Oregon. 
Information provided by the representatives the Confederated Tribes and 
Bands of the Yakama Nation, Washington; Confederated Tribes of the 
Colville Reservation, Washington; Confederated Tribes of the Umatilla 
Reservation, Oregon; Confederated Tribes of the Warm Springs 
Reservation of Oregon; Nez Perce Tribe of Idaho; and Wanapum Band, a 
non-federally recognized Indian group, during consultation indicates 
the aboriginal ancestors occupying the area where all the above 
mentioned sites are located were highly mobile and traveled the 
landscape for gathering resources as well as trade, and are all part of 
the more broadly defined Plateau cultural community.
    In 1955, 10 cultural items were removed from an island in the Snake 
River in Walla Walla County, WA, by Mrs. Stanley Randolph and donated 
to the Burke Museum in 1955 (Burke Accn. <greek-i>4010). No human 
remains are present. The 10 unassociated funerary objects are 1 lot of 
trade beads, 2 pieces of hammered copper ornaments, 6 copper tube 
beads, and 1 piece of iron.
    In 1958, 97 cultural items were removed from the ``Palouse Site,'' 
also designated as Site <greek-i>9, on the east side of the Palouse 
River where it empties into the Snake River in Whitman County, WA. The 
cultural items were donated to the Burke Museum in 1989 (Burke Accn. 
<greek-i>1989-57). The 97 unassociated funerary objects are 53 olivella 
shell beads, 8 dentalium shell beads, 6 shell beads, 2 teeth, 11 copper 
beads, 2 mauls, 1 lot of organic matter, 4 copper pendants, 2 copper 
pendant fragments, 2 pestles, 4 points, and 2 scrapers.
    The burial pattern and cultural items are consistent with Native 
American plateau customs. The 1963 Indian Claims Commission decision 
indicates that this area was within the Palouse aboriginal territory. 
Early and late ethnographic documentation indicates that the present-
day location of the Snake River is located within an overlapping 
aboriginal territory of the Cayuse, Palouse, Yakama, and Walla Walla 
(Daugherty 1973, Hale 1841, Mooney 1896, Ray 1936, Spier 1936, Sprague 
1998, Stern 1998,) whose descendants are members of the Confederated 
Tribes and Bands of the Yakama Nation, Washington; Confederated Tribes 
of the Colville Reservation, Washington; Confederated Tribes of the 
Umatilla Reservation, Oregon; Confederated Tribes of the Warm Springs 
Reservation of Oregon; Nez Perce Tribe of Idaho; and Wanapum Band, a 
non-federally recognized Indian group.
    Between 1955 and 1957, 21 cultural items were removed from the B. 
Stewart Site in Wasco County, OR, by a University of Washington Field 
Party led by Mr. Robert B. Butler. The cultural items were received by 
the Burke Museum in 1957 and accessioned in 1966 (Burke Accn. 
<greek-i>1966-100). Human remains were not removed from the site. The 
21 unassociated funerary objects are 1 adze blade, 2 bone clubs, 3 
copper fragments, 1 ground stone tool, 2 mortars, 6 pipes, 2 point 
fragments, 1 point, and 3 pieces of worked bone.
    The site included a series of cremations overlooking Celilo Falls. 
Museum documentation indicates that the cultural items were removed 
from graves. The objects are consistent with cultural items typically 
found along the Columbia River in Eastern Washington and Oregon.
    The 1963 Indian Claims Commission decision indicates that this area 
was within the aboriginal territory of the Warm Springs. Information 
provided by the representatives the Confederated Tribes and Bands of 
the Yakama Nation, Washington; Confederated Tribes of the Colville 
Reservation, Washington; Confederated Tribes of the Umatilla 
Reservation, Oregon; Confederated Tribes of the Warm Springs 
Reservation of Oregon; Nez Perce Tribe of Idaho; and Wanapum Band, a 
non-federally recognized Indian group, during consultation indicates 
the aboriginal ancestors occupying the area where all the above 
mentioned sites are located were highly mobile and traveled the 
landscape for gathering resources as well as trade, and are all part of 
the more broadly defined Plateau cultural community.
    The descendants of these Plateau communities of Eastern Washington 
and Eastern Oregon are now widely dispersed and are members of the 
Confederated Tribes and Bands of the Yakama Nation, Washington; 
Confederated Tribes of the Colville Reservation, Washington; 
Confederated Tribes of the Umatilla Reservation, Oregon; Confederated 
Tribes of the Warm Springs Reservation of Oregon;

[[Page 29177]]

Nez Perce Tribe of Idaho; and Wanapum Band, a non-federally recognized 
Indian group.
    Officials of the Burke Museum have determined that, pursuant to 25 
U.S.C. 3001 (3)(B), the 10,857 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 Burke Museum 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 and Bands of the Yakama 
Nation, Washington; Confederated Tribes of the Colville Reservation, 
Washington; Confederated Tribes of the Umatilla Reservation, Oregon; 
Confederated Tribes of the Warm Springs Reservation of Oregon; and Nez 
Perce Tribe of Idaho. Furthermore, officials of the Burke Museum 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 with the unassociated funerary objects should 
contact Dr. Peter Lape, Burke Museum, University of Washington, Box 
353010, Seattle, WA 98195-3010, telephone (206) 685-2282, before June 
25, 2007. Repatriation of the unassociated funerary objects to the 
Confederated Tribes of the Colville Reservation, Washington; 
Confederated Tribes of the Umatilla Reservation, Oregon; Confederated 
Tribes of the Warm Springs Reservation of Oregon; Nez Perce Tribe of 
Idaho; and Confederated Tribes and Bands of the Yakama Nation, 
Washington, for themselves and on behalf of the Wanapum Band, a non-
federally recognized Indian group, may proceed after that date if no 
additional claimants come forward. The Confederated Tribes of the 
Colville Reservation, Washington; Confederated Tribes of the Umatilla 
Reservation, Oregon; Confederated Tribes of the Warm Springs 
Reservation of Oregon; Nez Perce Tribe of Idaho; and Confederated 
Tribes and Bands of the Yakama Nation, Washington; and Wanapum Band, 
non-federally recognized Indian group, are claiming jointly all 
cultural items from the Columbia River area in eastern Washington and 
Oregon.
    The Burke Museum is responsible for notifying the Confederated 
Tribes and Bands of the Yakama Nation, Washington; Confederated Tribes 
of the Colville Reservation, Washington; Confederated Tribes of the 
Umatilla Reservation, Oregon; Confederated Tribes of the Warm Springs 
Reservation of Oregon; Nez Perce Tribe of Idaho; and Wanapum Band, a 
non-federally recognized Indian group that this notice has been 
published.

    Dated: May 14, 2007
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E7-9970 Filed 5-23-07; 8:45 am]
BILLING CODE 4312-50-S