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. 

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49482 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 

In 1916, a shot glass was ‘‘found in an 

Indian grave at Westport,’’ Clatsop 

County, OR, probably by Miss Frida 

Flood who gifted the cultural item to the 

Horner Collection in 1929. Museum 

records clearly state this object was 

taken from a grave, but there is no 

indication that the remains were 

exhumed. Officials of the Horner 

Collection, Oregon State University 

reasonably believe this item is an 

unassociated funerary object. 

Westport is in Clatsop County, OR, 

which is in the traditional territory of 

the Confederated Tribes of the Grand 

Ronde Community of Oregon. The 

Clatsop, Nehalem, Tillamook, Nestucca, 

Neachesna (Salmon River Tillamook), 

and Siletz Band of Tillamook were all 

parties to the 1855 Coast Treaty. The 

treaty was never ratified and the 

northern Oregon coastal bands were not 

forced to remove to the Siletz 

Reservation as stipulated in the treaty. 

The Grand Ronde Indian Agent, in 1872, 

includes the Clatsop as one of the tribes 

living on the Grand Ronde Reservation. 

Officials of the Horner Collection, 

Oregon State University have 

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

3001 (3)(B), the 63 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 Grand Ronde 

Community of Oregon. 

Officials of the Horner Collection, 

Oregon State University have 

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

3001 (3)(D), 13 of the cultural items 

described above have ongoing historical, 

traditional, or cultural importance 

central to the Native American group or 

culture itself, rather than property 

owned by an 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 objects of cultural patrimony and 

the Confederated Tribes of the Grand 

Ronde Community of Oregon. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the objects of cultural 

patrimony 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 

objects of cultural patrimony and 

unassociated funerary objects to the 

Confederated Tribes of the Grand Ronde 

Community of Oregon may proceed 

after that date if no additional claimants 

come forward. 

Horner Collection, Oregon State 

University is responsible for notifying 

the Confederated Tribes of the Grand 

Ronde Community of Oregon and 

Confederated Tribes of the Siletz 

Reservation, Oregon that this notice has 

been published. 

Dated: July 14, 2008 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–19332 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: McWane Science Center, 

Birmingham, AL 

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 McWane Science 

Center, Birmingham, AL, 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. 

In the early 1900s, cultural items were 

removed from the Carden Bottoms site 

(3YE14) in Yell County, AR. Between 

1979 and 1985, G.E. Pilquist, a collector 

from Dardanelle, AR, donated the 

cultural items to the Red Mountain 

Museum, Birmingham, AL. In 1994, the 

Red Mountain Museum merged with the 

Discovery Place under the name, 

Discovery 2000 Inc., and now operates 

as McWane Science Center. The cultural 

items are recorded as having been 

recovered from a grave. The five 

unassociated funerary objects are four 

stone beads and one blue glass bead. 

According to oral evidence of the 

Quapaw Tribe of Indians, cultural items 

of personal adornment were placed with 

an individual at the time of death or as 

a part of the death rite or ceremony. 

Funerary objects associated with the 

human remains removed from the 

Carden Bottoms site have been 

determined to date to the early historic 

period. The human remains and 

associated funerary objects may be a late 

component of the Carden Bottoms 

complex, common along the Lower 

Arkansas River, including Yell County. 

The human remains and associated 

funerary objects that are also recorded 

as being removed from the Carden 

Bottoms site are described in an 

accompanying Notice of Inventory 

Completion. Oral history evidence 

presented by representatives of the 

Quapaw Tribe of Indians, Oklahoma 

indicates that the region has long been 

included in the traditional territory of 

the Quapaw. The Quapaw Tribe 

dominated that area when sustained 

European occupation of the lower 

Arkansas River began in the mid to late 

1600s. In 1818, the Quapaw ceded the 

area south of the Arkansas River, 

including what is now Yell County, to 

the United States. 

Officials of the McWane Science 

Center 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 the McWane Science Center 

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 Quapaw Tribe of Indians, 

Oklahoma. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the unassociated funerary 

objects should contact Jun Ebersole, 

Collections Manager, McWane Science 

Center, 200 19th St. N, Birmingham, AL 

35203, telephone (205) 714–8347, before 

September 22, 2008. Repatriation of the 

unassociated funerary objects to the 

Quapaw Tribe of Indians, Oklahoma 

may proceed after that date if no 

additional claimants come forward. 

The McWane Science Center is 

responsible for notifying the Quapaw 

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