[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12893-12894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6509]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent To Repatriate Cultural Items: U.S. Department of 
Agriculture, Forest Service, Gila National Forest, Silver City, NM

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 possession and control of the U.S. 
Department of Agriculture, Forest Service, Gila National Forest, Silver 
City, NM, 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 1972 and 1974, pottery sherds were removed from burial 
contexts at four archeological sites (LA 11609, LA 83194, LA 147976 and 
LA 148037) in Grant County, NM, during legally authorized excavations 
by

[[Page 12894]]

Southern Methodist University, Dallas, TX. The single bag of sherds was 
curated at Western New Mexico University, Silver City, NM, until the 
early 1990s when it was transferred to the Forest Supervisor's Office, 
Gila National Forest. The sherds are listed as having been recovered 
from a burial context.
    LA 11609, LA 83194, LA 147976 and LA 148037 are a group of 
geographically and culturally related sites in the Burro Mountains of 
southwestern New Mexico. Based on material culture and site 
organization, the four sites have been identified as Mogollon villages 
occupied between A.D. 1000 and 1300.
    In 1977, one ceramic vessel was removed from a burial context at LA 
65250, Grant County, NM, as a result of illegal excavations by an 
unknown individual or individuals. The object was subsequently 
recovered by the Forest Service. The objects were curated at Western 
New Mexico University until the early 1990s when it was transferred to 
the Forest Supervisor's Office, Gila National Forest. The vessel is 
listed as having been recovered from a burial context.
    Based on material culture and site organization, LA 65250 has been 
identified as a Mogollon village occupied between A.D. 1000 and 1200.
    Continuities between ethnographic materials and technology indicate 
the affiliation of the above mentioned two Mogollon sites that are 
located in southwestern New Mexico with the Pueblo of Acoma, New 
Mexico; Hopi Tribe of Arizona; and Zuni Tribe of the Zuni Reservation, 
New Mexico. The oral traditions of the Pueblo of Acoma, New Mexico; 
Hopi Tribe of Arizona; and Zuni Tribe of the Zuni Reservation, New 
Mexico support the cultural affiliation of these three Indian tribes 
with Mogollon sites in southwestern New Mexico.
    In 1973, 32 pottery sherds were removed illegally from an unknown 
site or sites in the area of Apache Creek, Catron County, NM, by Brad 
Triplehorn. Mr. Triplehorn subsequently donated the pottery sherds to 
the Ohio Historical Society, Columbus, OH, where they were curated 
until 2008 when the objects were transferred to the Forest Supervisor's 
Office, Gila National Forest. The sherds are listed as having been 
recovered from a burial context.
    Based on material culture, the site(s) has been identified as 
Upland Mogollon and occupied between A.D. 600 and 1300.
    In 1978, two ceramic vessels were removed from the WS Ranch Site 
(LA 3009) in Grant County, NM, during legally authorized excavations by 
the University of Texas at Austin. These objects were curated at 
Western New Mexico University until the early 1990s when they were 
transferred to the Forest Supervisor's Office, Gila National Forest. 
The vessels are listed as having been recovered from a burial context.
    Based on material culture and site organization, the WS Ranch site 
has been identified as an Upland Mogollon masonry pueblo which was 
occupied between A.D. 1150 and 1300.
    Continuities between ethnographic materials and technology indicate 
the affiliation of the two Upland Mogollon sites that are located in 
west-central New Mexico with the Pueblo of Acoma, New Mexico; Hopi 
Tribe of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico. 
The oral traditions of the Pueblo of Acoma, New Mexico; Hopi Tribe of 
Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico support the 
cultural affiliation of these three Indian tribes with Mogollon sites 
in west-central New Mexico.
    Officials of the U.S. Department of Agriculture, Forest Service, 
Gila National Forest have determined that, pursuant to 25 U.S.C. 3001 
(3)(B), the 36 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 U.S. Department of Agriculture, Forest Service, Gila National 
Forest 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 Pueblo of 
Acoma, New Mexico; Hopi Tribe of Arizona; and Zuni Tribe of the Zuni 
Reservation, New Mexico.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Dr. Frank E. Wozniak, NAGPRA Coordinator, Southwestern Region, 
USDA Forest Service, 333 Broadway Blvd., SE, Albuquerque, NM 87102, 
telephone (505) 842-3238, before April 24, 2009. Repatriation of the 
unassociated funerary objects to the Pueblo of Acoma, New Mexico; Hopi 
Tribe of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico 
may proceed after that date if no additional claimants come forward.
    The U.S. Department of Agriculture, Forest Service, Gila National 
Forest is responsible for notifying the Pueblo of Acoma, New Mexico; 
Hopi Tribe of Arizona; and Zuni Tribe of the Zuni Reservation, New 
Mexico that this notice has been published.

    Dated: March 6, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-6509 Filed 3-24-09; 8:45 am]
BILLING CODE 4312-50-S