Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 10755 

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 2004, an incised bowl and two 

chert drills were removed from a burial 

pit at archeological site 41NA231, also 

known as the Tallow Grove site, in the 

Lake Naconiche project area, 

Nacogdoches County, TX. The removal 

was associated with archeological data 

recovery in an area to be impacted by 

construction and/or operation of Lake 

Naconiche. No preserved human 

remains were in the burial pit. 

The Tallow Grove site, 41NA231, is a 

Middle Caddo Period habitation on a 

late Holocene terrace near Naconiche 

Creek. The temporal context is 

supported by recovered temporally 

diagnostic artifacts, radiocarbon 

analyses, and oxidizable carbon ratio 

dates. The main occupation of the site 

took place between the early part of the 

13th century and approximately A.D. 

1480, and was preceded by an earlier 

Woodland Period occupation that dates 

from 110 B.C. to A.D. 435. None of the 

radiocarbon-dated features are earlier 

than the Middle Caddo Period. The 

small cemetery (approximately 8 x 6 

meters), situated near the remnants of 

several structures, and an extensive 

midden deposit and outdoor work area, 

contained eight burials. Five burials had 

preserved human remains (two of these 

burials included associated funerary 

objects), two burial pits preserved 

neither human remains nor associated 

funerary objects, and one burial pit 

preserved no human remains, but did 

contain the unassociated funerary 

objects described above. The mortuary 

practices and types of associated and 

unassociated funerary objects are 

consistent with the traditions of the 

Caddo Indian peoples. Preserved 

funerary offerings included pottery 

vessels placed near the shoulders or 

head. Geographic placement of the site 

and archeological evidence provide a 

reasonable basis for the officials of the 

County of Nacogdoches to believe that 

the unassociated funerary objects are 

culturally affiliated with the Caddo 

Nation of Oklahoma. 

Officials of the County of 

Nacogdoches have determined that, 

pursuant to 25 U.S.C. 3001 (3)(B), the 

three 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 County of 

Nacogdoches 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 Caddo Nation of Oklahoma. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the unassociated funerary 

objects should contact George Campbell, 

County of Nacogdoches, 101 West Main 

Street, Nacogdoches, TX 75961, 

telephone (936) 569–6772, before April 

13, 2009. Repatriation of the 

unassociated funerary objects to the 

Caddo Nation of Oklahoma may proceed 

after that date if no additional claimants 

come forward. 

The County of Nacogdoches is 

responsible for notifying the Caddo 

Nation of Oklahoma that this notice has 

been published. 

Dated: February 20, 2009 

David Tarler, 

Acting Manager, National NAGPRA Program. 

[FR Doc. E9–5330 Filed 3–11–09; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: U.S. Department of the Interior, 

National Park Service, Hawaii 

Volcanoes National Park, Hawaii 

National Park, HI 

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 

possession of the U.S. Department of the 

Interior, National Park Service, Hawaii 

Volcanoes National Park, Hawaii 

National Park, HI, 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 superintendent, Hawaii 

Volcanoes National Park. 

In 1905, five funerary objects were 

removed from Forbes Cave in Hawaii 

County, HI, by David Forbes, William 

Wagner, and Frederich Haenisch. The 

whereabouts of the human remains that 

were in the cave is unknown. On March 

14, 1956, the five items were donated to 

Hawaii National Park, now known as 

Hawaii Volcanoes National Park, by 

Forbes’ daughter, Blodwin Forbes 

Edmondson. The five unassociated 

funerary objects are one carved wooden 

female image, one game board or table, 

one cutting tool made from a human 

clavicle, one gourd water bottle with 

shell stopper, and one wrist ornament 

made of rock oyster, and are Native 

Hawaiian in origin. 

Claims based on cultural affiliation 

were received by Hawaii Volcanoes 

National Park from the Department of 

Hawaiian Homelands, Hawaii Island 

Burial Council, Hoohuli Ohana, Hooulu 

Lahui, Hui Malama I Na Kupuna O 

Hawai’i Nei, Ka Ohana Ayau, 

Keaweamahi Ohana, Kekumano Ohana, 

Laika-a-Mauia Ohana, Na Lei Alii 

Kawananakoa, Na Papa Kanaka O 

Pu’ukohola Heiau, Office of Hawaiian 

Affairs, Royal Hawaiian Academy of 

Traditional Arts, and Van Horn 

Diamond Ohana. Each qualifies as a 

Native Hawaiian organization under 

NAGPRA, pursuant to 25 U.S.C. 

3001(11), and each is entitled to claim 

and receive the five unassociated 

funerary objects. Hawaii Volcanoes 

National Park is unable to determine 

which requesting party is the most 

appropriate claimant. 

Officials of Hawaii Volcanoes 

National Park have determined that, 

pursuant to 25 U.S.C. 3001 (3)(B), the 

five 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 Hawaii 

Volcanoes National Park 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 

Department of Hawaiian Homelands, 

Hawaii Island Burial Council, Hoohuli 

Ohana, Hooulu Lahui, Hui Malama I Na 

Kupuna O Hawai’i Nei, Ka Ohana Ayau, 

Keaweamahi Ohana, Kekumano Ohana, 

Laika-a-Mauia Ohana, Na Lei Alii 

Kawananakoa, Na Papa Kanaka O 

Pu’ukohola Heiau, Office of Hawaiian 

Affairs, Royal Hawaiian Academy of 

Traditional Arts, and Van Horn 

Diamond Ohana. Lastly, officials of 

Hawaii Volcanoes National Park have 

determined that, pursuant to 43 CFR 

10.10 (c)(2), the park cannot determine 

by the preponderance of the evidence 

which requesting party is the most 

appropriate claimant and will retain the 

unassociated funerary objects until the 

Department of Hawaiian Homelands, 


cprice-sewell on PRODPC61 with NOTICES
10756 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 

Hawaii Island Burial Council, Hoohuli 

Ohana, Hooulu Lahui, Hui Malama I Na 

Kupuna O Hawai’i Nei, Ka Ohana Ayau, 

Keaweamahi Ohana, Kekumano Ohana, 

Laika-a-Mauia Ohana, Na Lei Alii 

Kawananakoa, Na Papa Kanaka O 

Pu’ukohola Heiau, Office of Hawaiian 

Affairs, Royal Hawaiian Academy of 

Traditional Arts, and Van Horn 

Diamond Ohana mutually agree upon 

the appropriate recipient or the dispute 

is otherwise resolved pursuant to 

NAGPRA or as ordered by a court of 

competent jurisdiction. 

Representatives of any other Native 

Hawaiian organization that believes 

itself to be culturally affiliated with the 

unassociated funerary objects should 

contact Cindy Orlando, superintendent, 

Hawaii Volcanoes National Park, Hawaii 

National Park, HI 96718, telephone 

(808) 985–6025, before April 13, 2009. 

Repatriation of the unassociated 

funerary objects to the Department of 

Hawaiian Homelands, Hawaii Island 

Burial Council, Hoohuli Ohana, Hooulu 

Lahui, Hui Malama I Na Kupuna O 

Hawai’i Nei, Ka Ohana Ayau, 

Keaweamahi Ohana, Kekumano Ohana, 

Laika-a-Mauia Ohana, Na Lei Alii 

Kawananakoa, Na Papa Kanaka O 

Pu’ukohola Heiau, Office of Hawaiian 

Affairs, Royal Hawaiian Academy of 

Traditional Arts, and Van Horn 

Diamond Ohana may proceed after that 

date when the affiliated Native 

Hawaiian organizations have mutually 

agreed upon a resolution. 

Hawaii Volcanoes National Park is 

responsible for notifying the Department 

of Hawaiian Homelands, Hawaii Island 

Burial Council, Hoohuli Ohana, Hooulu 

Lahui, Hui Malama I Na Kupuna O 

Hawai’i Nei, Ka Ohana Ayau, 

Keaweamahi Ohana, Kekumano Ohana, 

Laika-a-Mauia Ohana, Na Lei Alii 

Kawananakoa, Na Papa Kanaka O 

Pu’ukohola Heiau, Office of Hawaiian 

Affairs, Royal Hawaiian Academy of 

Traditional Arts, and Van Horn 

Diamond Ohana that this notice has 

been published. 

Dated: January 29, 2009 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E9–5331 Filed 3–11–09; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: San Diego Museum of Man, San 

Diego, CA; Correction 

AGENCY: National Park Service, Interior. 

ACTION: Notice; correction. 

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 

possession of the San Diego Museum of 

Man, San Diego, CA, that meet the 

definition of ‘‘unassociated funerary 

objects’’ or ‘‘object of cultural 

patrimony’’ 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. 

This notice corrects a Notice of Intent 

to Repatriate Cultural Items published 

in the Federal Register (73 FR 59653, 

October 9, 2008), which described 28 

cultural items (26 unassociated funerary 

objects and 2 objects of cultural 

patrimony) that were culturally 

affiliated to the Tohono O’odham 

Nation of Arizona. Since publication, 

the Gila River Indian Community of the 

Gila River Indian Reservation, Arizona, 

has claimed one Wihosa mask, an object 

of cultural patrimony, used in the 

Navichu ceremony from Komatke, AZ. 

This object of cultural patrimony is 

described in a separate notice. 

The notice published in the Federal 

Register (73 FR 59653, October 9, 2008) 

is replaced with the following: 

The cultural items are 26 

unassociated funerary objects and 1 

object of cultural patrimony. 

In 1959, cultural items were removed 

by M.J. Rogers from an abandoned 

Papago Village approximately four miles 

west of Covered Wells, Pima County, 

AZ, on the south side of Highway 86. 

The 26 unassociated funerary objects are 

24 pottery sherds, 1 cockle shell 

fragment, and 1 metavolcanic stone 

(possibly rhyolite) scraper. 

The 24 pottery sherds are reasonably 

believed to have been placed as part of 

a pottery sacrifice on graves covered 

with boulders. Based on consultation 

with a tribal representative of the 

Tohono O’odham Nation of Arizona, the 

cockle shell frament and metavolcanic 

stone scraper are also reasonably 

believed to be unassociated funerary 

objects. 

In 1976, one medicine bundle 

container (dated to circa 1930) was 

acquired from Mrs. Martinez of Havanna 

Naka (Crow Hang) Village on what was 

called the Papago Reservation. The 

medicine bundle belonged to Mrs. 

Martinez’ husband, a local medicine 

man. 

Based on consultation with a tribal 

representative of the Tohono O’odham 

Nation of Arizona, the officials of the 

San Diego Museum of Man have 

reasonably determined that the one 

cultural item is an object of cultural 

patrimony used in important 

ceremonies of the O’odham people and 

could not have been alienated by a 

single individual. 

Recorded information from museum 

records about the unassociated funerary 

objects and object of cultural patrimony 

states that all the items were located on 

traditional Papago (Tohono O’odham) 

land. Descendants of the O’odham 

people are members of the Tohono 

O’odham Nation of Arizona. 

Officials of the San Diego Museum of 

Man have determined that, pursuant to 

25 U.S.C. 3001 (3)(B), the 26 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 San Diego Museum of 

Man also have determined that, 

pursuant to 25 U.S.C. 3001 (3)(D), the 

one cultural item described above has 

ongoing historical, traditional, or 

cultural importance central to the 

Native American group or culture itself, 

rather than property owned by an 

individual. Lastly, officials of the San 

Diego Museum of Man 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 object of cultural patrimony 

and the Tohono O’odham Nation of 

Arizona. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the unassociated funerary 

objects and object of cultural patrimony 

should contact Philip Hoog, 

Archaeology and NAGPRA Coordinator, 

San Diego Museum of Man, 1350 El 

Prado, Balboa Park, San Diego, CA 

92101, telephone (619) 239–2001, before 

April 13, 2009. Repatriation of the 

unassociated funerary objects and object 

of cultural patrimony to the Tohono 

O’odham Nation of Arizona may 

proceed after that date if no additional 

claimants come forward. 

The San Diego Museum of Man is 

responsible for notifying the Gila River 

Indian Community of the Gila River 

Indian Reservation, Arizona and 

Tohono O’odham Nation of Arizona that 

this notice has been published. 


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