Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 49479 

of Stewarts Point Rancheria, California; 

Klamath Indian Tribe of Oregon; Lytton 

Rancheria of California; Manchester 

Band of Pomo Indians of the 

Manchester-Point Arena Rancheria, 

California; Middletown Rancheria of 

Pomo Indians of California; Modoc 

Tribe of Oklahoma; Pinoleville Pomo 

Nation, California; Pit River Tribe, 

California; Potter Valley Tribe, 

California; Quartz Valley Indian 

Community of the Quartz Valley 

Reservation of California; Redding 

Rancheria, California; Redwood Valley 

Rancheria of Pomo Indians of California; 

Resighini Rancheria, California; 

Robinson Rancheria of Pomo Indians of 

California; Round Valley Indian Tribes 

of the Round Valley Reservation, 

California; Rumsey Indian Rancheria of 

Wintun Indians of California; Scotts 

Valley Band of Pomo Indians of 

California; Sherwood Valley Rancheria 

of Pomo Indians of California; Smith 

River Rancheria, California; Susanville 

Indian Rancheria, California; Upper 

Lake Band of Pomo Indians of Upper 

Lake Rancheria of California; Utu Utu 

Gwaitu Paiute Tribe of the Benton 

Paiute Reservation, California; and 

Yurok Tribe of the Yurok Reservation, 

California that this notice has been 

published. 

Dated: July 14, 2008 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–19312 Filed 8–20–08; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Horner Collection, Oregon State 

University, Corvallis, OR 

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 Horner Collection, 

Oregon State University, Corvallis, OR, 

that meets the definition of 

‘‘unassociated funerary objects’’ or 

‘‘sacred 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. 

The 19 cultural items are 18 

unassociated funerary objects and 1 

sacred object. The 18 unassociated 

funerary objects are 3 wedges, 1 club or 

pestle, 7 pestles, 1 pestle fragment, 1 

copper pendant, 1 ground steatite 

tubular pipe, 1 mano, 2 mauls, and 1 

unknown lithic item. The one sacred 

object is a blue schist club in the shape 

of a paddle. 

The Museum of Oregon Country, 

Oregon Agricultural College was 

renamed the John B. Horner Museum of 

the Oregon Country in 1936, and 

became commonly known as the Horner 

Museum. The Oregon Agricultural 

College was renamed the Oregon State 

College in 1937, and became Oregon 

State University in 1962. The Horner 

Museum closed in 1995. Currently, 

cultural items from the Horner Museum 

are referred to as the Horner Collection, 

which is owned by, and in the 

possession of, Oregon State University. 

The Horner Collection, Oregon State 

University professional staff consulted 

with representatives of the Confederated 

Tribes of the Coos, Lower Umpqua and 

Siuslaw Indians of Oregon; 

Confederated Tribes of the Grand Ronde 

Community of Oregon; Confederated 

Tribes of the Siletz Reservation, Oregon; 

Coquille Tribe of Oregon; Karuk Tribe of 

California; Smith River Rancheria, 

California; and Yurok Tribe of the Yurok 

Reservation, California. The 

Confederated Tribes and Bands of the 

Yakama Nation, Washington; 

Confederated Tribes of the Chehalis 

Reservation, Washington; Cowlitz 

Indian Tribe, Washington; Hawai‘i 

Island Burial Council; Hoh Indian Tribe 

of the Hoh Indian Reservation, 

Washington; Hui Malama I Na Kupuna 

O Hawai‘i Nei; Jamestown S’Klallam 

Tribe of Washington; Kauai/Niihau 

Island Burial Council; Lower Elwha 

Tribal Community of the Lower Elwha 

Reservation, Washington; Lummi Tribe 

of the Lummi Reservation, Washington; 

Makah Indian Tribe of the Makah Indian 

Reservation, Washington; Maui/Lanai 

Island Burial Council; Molokai Island 

Burial Council; O’ahu Burial 

Committee; Office of Hawaiian Affairs; 

Quartz Valley Indian Community of the 

Quartz Valley Reservation of California; 

Quileute Tribe of the Quileute 

Reservation, Washington; Quinault 

Tribe of the Quinault Reservation, 

Washington; Shoalwater Bay Tribe of 

the Shoalwater Bay Indian Reservation, 

Washington; Skokomish Indian Tribe of 

the Skokomish Reservation, 

Washington; Swinomish Indians of the 

Swinomish Reservation, Washington; 

and Tulalip Tribes of the Tulalip 

Reservation, Washington were informed 

of items in this claim, but did not 

participate in the consultations. 

At an unknown date, a blue schist 

club in the shape of a paddle was 

removed from an unknown location in 

Illahee, Curry County, OR, by an 

unknown person. In 1940, the club was 

brought to the Horner Museum by Mrs. 

C.H. Pettinger. In 1965, the club was 

accessioned into the Horner Collection. 

During consultation, a representative 

of the Confederated Tribes of the Siletz 

Reservation, Oregon, identified the 

paddle as a ceremonial paddle for 

stirring hot stones used to cook acorns 

in cooking baskets for feasts and that it 

is needed for ceremonies that continue 

to be practiced today. There are other 

known examples of stone paddles from 

this same area. Illahe is in the divide 

between Chasta Costa (Athabaskan) and 

Takelma territory along the Rogue River. 

The Illahe area is primarily considered 

to be Chasta Costa. The Chasta Costa 

people were brought to the Siletz 

reservation in 1856. The Handbook of 

American Indians North of Mexico Part 

I (ed. Fredrick Webb Hodge, 1912), 

states that the Chasta Costa were an 

Athabaskan group living mostly on the 

north bank of the Rogue River from its 

junction with the Illinois River 

upstream nearly to the mouth of the 

Applegate River and that the Chasta 

Costa were taken to the Siletz 

reservation in 1856. Museum records 

and tribal representatives agree that this 

object is culturally affiliated with the 

Confederated Tribes of the Siletz 

Reservation, Oregon and that the paddle 

is a sacred item needed for use in 

traditional ceremonies that continue to 

be practiced today. 

At an unknown date, cultural items 

were removed from an unknown site 

near Pistol River, Curry County, OR. In 

1970, Mrs. Dorothy Timeus donated the 

cultural items to the museum. 

According to Mrs. Timeus, the cultural 

objects were found in the sand dunes 

near the Pistol River. It is unknown if 

the cultural objects were removed by 

Mrs. Timeus. The Horner Collection, 

Oregon State University has no evidence 

the cultural items were ever buried with 

any individual. However, Mrs. Timeus 

is known to have collected human 

remains and cultural items from burials 

and mounds. Based on consultation and 

museum records, the Horner Collection, 

Oregon State University has identified 

these cultural items as unassociated 

funerary objects. The 11 unassociated 

funerary objects are 6 pestles, 1 pestle 

fragment, 1 mano, 2 mauls, and 1 

unknown lithic. 

A letter written by Mr. Harmon 

Timeus, Mrs. Timeus’ son, states, ‘‘I 

mstockstill on PROD1PC66 with NOTICES

49480 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 

have checked with several authorities 

concerning the Indian skulls and 

relics...they are all from the To-To-Tin 

tribe. There were many smaller groups 

of this tribe. The Chetl-essen-tans is the 

specific group which inhabited the land 

where the relics were found.’’ The 

authorities cited in the letter are 

unknown. The tribe mentioned in the 

letter is most likely the Chet-less-ing-ton 

Band of Too-too-to-ney tribe, who were 

located at the eddy of Pistol River in the 

1800s. The Chet-less-ing-ton were 

signatories to the Oregon Coast Treaty of 

1855 and by 1857 the Chet-less-ing-ton 

were residing on the reservation of the 

Confederated Tribes of the Siletz 

Reservation, Oregon (Harris, 1858). The 

Chet-less-ing-ton are a subgroup of the 

Athabaskan/Tututni, which is one of the 

member tribes of the Confederated 

Tribes of the Siletz Reservation, Oregon. 

At an unknown date, a club or pestle 

was removed from Wellen, Jackson 

County, OR, by an unknown person. In 

1912, a pestle was removed from the 

mouth of the Applegate River, Josephine 

County, OR, by an unknown person. In 

1934, the two cultural items were 

donated to the Horner Museum by J.G. 

Crawford. The Horner Collection, 

Oregon State University has no evidence 

the club/pestle or pestle was ever buried 

with any individual. However, J.G. 

Crawford is known to have collected 

human remains and cultural items from 

burials and mounds. Based on 

consultation and museum records, the 

Horner Collection, Oregon State 

University has identified these cultural 

items as unassociated funerary objects. 

The traditional territory of the Shasta, 

Takelma, and Applegate River 

Athabaskans (Dakubetede) included 

Jackson and Josephine Counties, OR. In 

May 1857, all three groups were 

permanently moved to the Siletz 

Reservation. 

At an unknown date, a black steatite 

tubular pipe was removed from an 

Indian grave on the Klamath River near 

Copco, Siskiyou County, CA, by an 

unknown person. In 1928, the pipe was 

donated to the Horner Museum by C.J. 

Lisle. Museum records clearly state this 

object was taken from a grave, but there 

is no indication that the human remains 

were exhumed. Based on museum 

records, Horner Collection, Oregon State 

University identifies this cultural item 

as an unassociated funerary object. 

The Yreka, Fort Jones, Scott River, 

and Upper Klamath River areas were 

traditional territories for many of the 

people who were taken to the Siletz 

Reservation. Some Siletz tribal members 

still reside in those areas. The Shasta 

people of northern California and 

southern Oregon moved to Upper Farm 

and Shasta Farm on the Siletz Agency 

in May 1857 and Rogue River, Chasta, 

Scoton and Grave Creek treaty funds 

were expended in the development of 

those farms. A schoolhouse, agency 

hospital, mills, and other treaty 

stipulations were carried out by the 

Siletz agency because these tribes were 

residents on the Siletz Reservation. 

At an unknown date, a copper 

pendant was removed from an unknown 

location possibly by J.B. Horner. J.B. 

Horner donated the pendant to the 

Horner Museum in 1933. A tribal 

representative of the Confederated 

Tribes of the Siletz Reservation, Oregon 

identified that copper pendants and 

bangles have ‘‘been frequently found in 

burials from the Willamette Valley and 

all parts of the Oregon Coast, all of 

which is within the aboriginal territory 

of the Confederated Tribes of Siletz. A 

good portion of that area is also within 

the original boundaries of the Siletz 

Reservation, as established in 1855.’’

During consultation, the copper pendant 

was identified as an object that appears 

to have been buried at one time and as 

an object that would have been buried 

with the owner. The Horner Collection, 

Oregon State University has no evidence 

the pendant was ever buried with any 

individual. However, based on 

consultation, the Horner Collection, 

Oregon State University has identified 

this cultural item as an unassociated 

funerary object. 

At an unknown date, three wedges 

were removed from Seal Rock near 

Newport, Lincoln County, OR, by an 

unknown person. These cultural items 

were brought to the Horner Museum in 

1933 by J.G. Crawford and accessioned 

into the Horner Collection in 1958. The 

Horner Collection, Oregon State 

University has no evidence the three 

wedges were ever buried with any 

individual. However, Mr. Crawford is 

known to have collected human remains 

and cultural items from burials and 

mounds. Based on consultation and 

museum records, the Horner Collection, 

Oregon State University has identified 

these cultural items as unassociated 

funerary objects. 

The Alsean tribal village of Kitau, 

now known as Seal Rock, is within the 

boundaries of the Siletz Reservation 

established in 1855 and is the site of a 

large midden containing many burials 

from Kitau. The Alsea tribe’s homeland 

was with the Siletz Reservation and 

they became members of the 

Confederated Tribes of the Siletz 

Reservation, Oregon. 

Officials of the Horner Collection, 

Oregon State University have 

determined that, pursuant to 25 U.S.C. 

3001 (3)(B), the 18 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 Horner Collection, 

Oregon State University 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 of the Siletz 

Reservation, Oregon. 

Officials of the Horner Collection, 

Oregon State University have 

determined that, pursuant to 25 U.S.C. 

3001 (3)(C), the one cultural item 

described above is a specific ceremonial 

object needed by traditional Native 

American religious leaders for the 

practice of traditional Native American 

religions by their present-day adherents. 

Officials of the Horner Collection, 

Oregon State University 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 sacred 

object and the Confederated Tribes of 

the Siletz Reservation, Oregon. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the sacred object and/or 

unassociated funerary objects should 

contact Sabah Randhawa, Executive 

Vice President and Provost, President’s 

Office, Oregon State University, 600 

Kerr Administration Building, Corvallis, 

OR 97331, telephone (541) 737–8260, 

before September 22, 2008. Repatriation 

of the sacred object and unassociated 

funerary objects to the Confederated 

Tribes of the Siletz Reservation, Oregon 

may proceed after that date if no 

additional claimants come forward. 

Horner Collection, Oregon State 

University is responsible for notifying 

the Confederated Tribes and Bands of 

the Yakama Nation, Washington; 

Confederated Tribes of the Chehalis 

Reservation, Washington; Confederated 

Tribes of the Coos, Lower Umpqua and 

Siuslaw Indians of Oregon; 

Confederated Tribes of the Grand Ronde 

Community of Oregon; Coquille Tribe of 

Oregon; Confederated Tribes of the 

Siletz Reservation, Oregon; Cowlitz 

Indian Tribe, Washington; Hawai‘i 

Island Burial Council; Hoh Indian Tribe 

of the Hoh Indian Reservation, 

Washington; Hui Malama I Na Kupuna 

O Hawai‘i Nei; Jamestown S’Klallam 

Tribe of Washington; Karuk Tribe of 

California; Kauai/Niihau Island Burial 

Council; Lower Elwha Tribal 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 49481 

Community of the Lower Elwha 

Reservation, Washington; Lower 

Umpqua and Siuslaw Indians of Oregon; 

Lummi Tribe of the Lummi Reservation, 

Washington; Makah Indian Tribe of the 

Makah Indian Reservation, Washington; 

Maui/Lanai Island Burial Council; 

Molokai Island Burial Council; O’ahu 

Burial Committee; Office of Hawaiian 

Affairs; Quileute Tribe of the Quileute 

Reservation, Washington; Quartz Valley 

Indian Community of the Quartz Valley 

Reservation of California; Quinault 

Tribe of the Quinault Reservation, 

Washington; Shoalwater Bay Tribe of 

the Shoalwater Bay Indian Reservation, 

Washington; Skokomish Indian Tribe of 

the Skokomish Reservation, 

Washington; Smith River Rancheria, 

California; Swinomish Indians of the 

Swinomish Reservation, Washington; 

Tulalip Tribes of the Tulalip 

Reservation, Washington; and Yurok 

Tribe of the Yurok Reservation, 

California that this notice has been 

published. 

Dated: July 14, 2008 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–19330 Filed 8–20–08; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Horner Collection, Oregon State 

University, Corvallis, OR 

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 Horner Collection, 

Oregon State University, Corvallis, OR, 

that meets the definition of 

‘‘unassociated funerary objects’’ and/or 

‘‘objects 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 cultural 

items. The National Park Service is not 

responsible for the determinations in 

this notice. 

The 63 cultural items are 9 gaming 

balls, 2 pestles, 1 shot glass, 7 menhirs 

(monoliths), 1 bone paddle, 28 projectile 

points, 1 drill, 1 drill fragment, 2 knives, 

6 bean-shaped stones, 1 mortar, 1 net 

weight, 1 obsidian nodule, 1 mill stone, 

and 1 hammerstone. 

The Museum of Oregon Country, 

Oregon Agricultural College was 

renamed the John B. Horner Museum of 

the Oregon Country in 1936, and 

became commonly known as the Horner 

Museum. The Oregon Agricultural 

College was renamed the Oregon State 

College in 1937, and became Oregon 

State University in 1962. The Horner 

Museum closed in 1995. Currently, 

cultural items from the Horner Museum 

are referred to as the Horner Collection, 

which is owned by, and in the 

possession of, Oregon State University. 

Horner Collection, Oregon State 

University professional staff consulted 

with representatives of the Confederated 

Tribes of the Grand Ronde Community 

of Oregon and Confederated Tribes of 

the Siletz Reservation, Oregon. 

In the 1920s, cultural items were 

found in a subterranean circle of vertical 

columns (a henge) near Salem, Marion 

County, OR, by an unknown person. 

Museum records have attributed the site 

as ‘‘from the Phallic Temple near 

Salem.’’ In 1981, the six menhirs were 

donated to the Horner Museum by the 

heirs of J.L. Hills. At an unknown date, 

a single menhir was found by an 

unknown person. Museum records state 

that it was probably found in Marion 

County, OR. In 1985, this menhir was 

donated to the Horner Museum by Phil 

Green. The seven menhirs are stone 

items that have a phallic form and is 

possible they represent part of the 

‘‘Phallic Temple.’’

In 1933, six bean shaped stones 

found, at an unknown time by an 

unknown person, at the ‘‘Phallic 

Temple’’ near Salem, Marion County, 

OR, were brought to the Horner 

Museum by either Mr. Harralson or J.G. 

Crawford. These cultural items are 

closely related to menhirs. 

Menhirs marked areas of special 

significance that continue to have ongoing significance to the Confederated 

Tribes of the Grand Ronde Community 

of Oregon. The 13 cultural items are 

objects of cultural patrimony and could 

not be alienated by any one tribal 

member. 

Salem, Marion County, OR, is in the 

traditional territory of the Confederated 

Tribes of the Grand Ronde Community 

of Oregon and was ceded by the Treaty 

with the Kalapuya made and concluded 

in Dayton, Oregon Territory on January 

10, 1855. Joel Palmer, Superintendent of 

Indian Affairs, established a temporary 

camp on the south fork of the Yamhill 

River (Grand Ronde) in January 1856 

and this is where the Umpquas, 

Kalapuyas, and Molallas resided. By 

1857, an executive order established 

Grand Ronde as a permanent 

reservation. The Horner Collection, 

Oregon State University has no evidence 

the items were ever buried with any 

individual. However, Mr. Crawford and 

Mr. Hill were known to have collected 

human remains and cultural items from 

burials and mounds. Based on the 

history of the collectors, consultation 

evidence, and museum records, the 

Horner Collection, Oregon State 

University reasonably believes the 

cultural items are objects of cultural 

patrimony and unassociated funerary 

objects. 

At an unknown date, cultural items 

were found in the Kalapuya mounds in 

Linn County, OR, by an unknown 

person. In 1933, the cultural items were 

brought to the Horner Museum by J.G. 

Crawford and G.W. Wright and were 

accessioned into the Horner Collection 

in 1958. The 15 cultural items are 9 

gaming balls, 1 pestle, 1 mortar, 1 net 

weight, 1 obsidian nodule, 1 mill stone, 

and 1 hammerstone. 

At an unknown date, one cultural 

item was found in Olings mounds on 

the Kalapuya River, Linn County, OR, 

by an unknown person. In 1981, the 

cultural item was donated to the Horner 

Musuem by the heirs of J.L. Hill. The 

cultural item is a bone paddle. 

At an unknown date, one cultural 

item was found in the Davis mound in 

the Willamette Valley, OR, by an 

unknown person. In 1919, the cultural 

item was donated to the Horner 

Museum by Ward G. Sinclair. The one 

cultural item is a pestle. 

At an unknown date, cultural items 

were found by an unknown person. 

Museum records are unclear if all or 

only part of these cultural items were 

found in the Kalapuya mounds, Linn 

County, OR. In 1954, the cultural items 

were donated to the Horner Collection 

by Dr. A.G. Prill. The 32 cultural items 

are 28 projectile points, 1 drill, 1 drill 

fragment, and 2 knives 

The Willamette Valley and Linn 

County (which is a part of the 

Willamette Valley) is the traditional 

territory of the Confederated Tribes of 

the Grand Ronde Community and is part 

of the area ceded by the 1855 Kalapuya 

treaty. Museum records state these items 

came from mounds and Mr. Crawford, 

Mr. Hill, Mr. Sinclair, Mr. Wright, and 

Dr. Prill are known to have collected 

cultural items from burials and mounds. 

Based on the history of the collectors, 

consultation evidence, and museum 

records, the Horner Collection, Oregon 

State University reasonably believes the 

cultural items are unassociated funerary 

objects. 

mstockstill on PROD1PC66 with NOTICES