Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Notices 59653 

straighteners, pestles, crystals and 

minerals are known to be used by the 

Kumeyaay Nation in sacred rites. 

In 1994 and 1995, seven cultural 

items were removed from archeological 

site CA-SDI–12126 in San Diego County, 

CA, as part of an archeological 

excavation performed in compliance 

with the California Environmental 

Quality Act (CEQA). In 2006, the 

collection was accessioned by the San 

Diego Archaeological Center, and 

assessed for objects eligible for 

repatriation in accordance with 

NAGPRA. The seven cultural items are 

three pieces of ochre, one shell bead 

fragment, and three shell beads. 

Site CA-SDI–12126 is located along 

the San Diego River Valley, 4 miles east 

of the ocean. This site falls within 

traditional Kumeyaay territory, and the 

reporting archeologists determined it to 

be of the ‘‘Late Prehistoric Period.’’ 

Ochre and shell beads are known to be 

used by the Kumeyaay Nation in sacred 

rites. 

The Kumeyaay Nation is represented 

by the Barona Group of Capitan Grande 

Band of Mission Indians of the Barona 

Reservation, California; Campo Band of 

Diegueno Mission Indians of the Campo 

Indian Reservation, California; Capitan 

Grande Band of Diegueno Mission 

Indians of California; Ewiiaapaayp Band 

of Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of the 

Kumeyaay Nation (formerly the Sycuan 

Band of Diegueno Mission Indians of 

California); and Viejas (Baron Long) 

Group of Capitan Grande Band of 

Mission Indians of the Viejas 

Reservation, California. 

Officials of the San Diego 

Archaeological Center have determined 

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

the 157 cultural items described above 

are specific ceremonial objects needed 

by traditional Native American religious 

leaders for the practice of traditional 

Native American religions by their 

present-day adherents. Officials of the 

San Diego Archaeological 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 sacred 

objects and the Kumeyaay Nation, as 

represented by the Barona Group of 

Capitan Grande Band of Mission Indians 

of the Barona Reservation, California; 

Campo Band of Diegueno Mission 

Indians of the Campo Indian 

Reservation, California; Capitan Grande 

Band of Diegueno Mission Indians of 

California; Ewiiaapaayp Band of 

Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of the 

Kumeyaay Nation; and Viejas (Baron 

Long) Group of Capitan Grande Band of 

Mission Indians of the Viejas 

Reservation, California. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the sacred objects should 

contact Cindy Stankowski, San Diego 

Archaeological Center, 16666 San 

Pasqual Valley Road, Escondido, CA 

92027–7001, telephone (760) 291–0370, 

before November 10, 2008. Repatriation 

of the sacred objects to the Kumeyaay 

Nation, on behalf of the Barona Group 

of Capitan Grande Band of Mission 

Indians of the Barona Reservation, 

California; Campo Band of Diegueno 

Mission Indians of the Campo Indian 

Reservation, California; Capitan Grande 

Band of Diegueno Mission Indians of 

California; Ewiiaapaayp Band of 

Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of the 

Kumeyaay Nation; and Viejas (Baron 

Long) Group of Capitan Grande Band of 

Mission Indians of the Viejas 

Reservation, California may proceed 

after that date if no additional claimants 

come forward. 

The San Diego Archaeological Center 

is responsible for notifying the Barona 

Group of Capitan Grande Band of 

Mission Indians of the Barona 

Reservation, California; Campo Band of 

Diegueno Mission Indians of the Campo 

Indian Rseservation, California; Capitan 

Grande Band of Diegueno Mission 

Indians of California; Ewiiaapaayp Band 

of Kumeyaay Indians, California; Inaja 

Band of Diegueno Mission Indians of 

the Inaja and Cosmit Reservation, 

California; Jamul Indian Village of 

California; La Posta Band of Diegueno 

Mission Indians of the La Posta Indian 

Reservation, California; Manzanita Band 

of Diegueno Mission Indians of the 

Manzanita Reservation, California; Mesa 

Grande Band of Diegueno Mission 

Indians of the Mesa Grande Reservation, 

California; San Pasqual Band of 

Diegueno Mission Indians of California; 

Santa Ysabel Band of Diegueno Mission 

Indians of the Santa Ysabel Reservation, 

California; Sycuan Band of the 

Kumeyaay Nation; and Viejas (Baron 

Long) Group of Capitan Grande Band of 

Mission Indians of the Viejas 

Reservation, California that this notice 

has been published. 

Dated: September 10, 2008 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–23971 Filed 10–8–08; 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 

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 San Diego Museum of 

Man, San Diego, CA, that meet the 

definition of ‘‘unassociated funerary 

objects’’ 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 


sroberts on PROD1PC70 with NOTICES
59654 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Notices 

responsible for the determinations in 

this notice. 

The cultural items are 26 

unassociated funerary objects and 2 

objects 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 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. 

In 1986, one Wihosa mask was 

acquired from Sylvester Matthias, a 

Pima, from Komatke, AZ, who inherited 

it as the last person in the (hereditary) 

line. The cultural item is used in the 

Navichu ceremony. 

Based on consultation with a tribal 

representative of the Tohono O’odham 

Nation of Arizona, the officials of the 

San Diegeo Museum of Man have 

reasonably determined that the two 

cultural items are objects 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 

items and items of cultural patrimony 

states that all the items were located on 

either traditional Papago (Tohono 

O’odham) or Pima (Akimel O’odham) 

land. Descendants of the O’odham 

people are members of the Tohono 

O’odham Nation of Arizona. 

Consultation with a tribal 

representative of the Gila River Indian 

Community of the Gila River Indian 

Reservation, Arizona, also determined 

that the cultural items, whether 

traditional Pima or Papago, should be 

repatriated to the Tohono O’odham 

Nation of Arizona based on the location 

of where they were found. 

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 

two 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. 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 objects 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 objects of cultural 

patrimony should contact Philip Hoog, 

NAGPRA Coordinator, San Diego 

Museum of Man, 1350 El Prado, Balboa 

Park, San Diego, CA 92101, telephone 

(619) 239–2001, before November 10, 

2008. Repatriation of the unassociated 

funerary objects and objects 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. 

Dated: September 10, 2008 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–23953 Filed 10–8–08; 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 Agriculture, 

Forest Service Kootenai National 

Forest, Libby, MT 

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 

Agriculture, Forest Service, Kootenai 

National Forest, Libby, MT, that meet 

the definition of ‘‘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. 

In the mid–1970s, objects of cultural 

patrimony were removed from a 

documented traditional cultural 

property located in Lincoln County, MT. 

The removal was an illegal action by a 

private citizen. In 1979, the private 

citizen turned the collection over to the 

University of Montana, Missoula, MT. 

In 1995, in consultation with the 

Confederated Salish & Kootenai Tribes 

of the Flathead Reservation, Montana, 

the Kootenai National Forest secured 

the collection through the 

relinquishment of ownership by the 

University of Montana. The 560 cultural 

items consist of various modified 

artifacts, such as scrapers, bone beads, 

shells, tools, and animal teeth. 

The site area is within the aboriginal 

and traditional territory of the Kootenai 

Tribe, as demonstrated by oral histories 

of the Kootenai Elders, Hellgate Treaty 

of 1855, several ethnographies, ethno 

histories, historic newspapers, and the 

United States Court of Claims. During 

consultation, the Kootenai Tribe 

explained how the materials are 

associated with the Kootenai Tribe’s 

culture, and are central to the tribe and 

its traditions. The cultural items are also 

communal property, as they were 

considered inalienable at the time of 

their removal, and cannot be alienated, 

appropriated, or conveyed by any 

individual. Based on consultation 

evidence presented by the Kootenai 

Tribe, the Forest Service has determined 

the cultural items meet the definition of 

objects of cultural patrimony under 

NAGPRA. Based on consultation, 

ethnographic evidence, and historic 

documents, the Forest Service has 

determined that the cultural items are 

culturally affiliated with the Kootenai 

Tribe. Descendants of the Kootenai 

Tribe are members of the Confederated 

Salish & Kootenai Tribes of the Flathead 

Indian Reservation, Montana. 

Officials of the Forest Service have 

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

3001 (3)(D), the 560 cultural items 

described above have ongoing historical, 

traditional, or cultural importance 

central to the Native American group or 


sroberts on PROD1PC70 with NOTICES