Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25275 

Interior may prescribe, including all 

necessary access and exit rights; 

2. A right-of-way is reserved for 

ditches and canals constructed by 

authority of the United States under the 

Act of August 30, 1890 (43 U.S.C. 945); 

The parcels are subject to: 

1. Valid existing rights; 

2. The purchaser/patentee, by 

accepting patent, agrees to indemnify, 

defend, and hold the United States 

harmless from any costs, damages, 

claims, causes of action, penalties, fines, 

liabilities, and judgments of any kind 

arising from the past, present, or future 

acts or omissions of the patentee, its 

employees, agents, contractors, or 

lessees, or a third part arising out of, or 

in connection with, the patentee’s use 

and/or occupancy of the patented real 

property. This indemnification and hold 

harmless agreement includes, but is not 

limited to, acts and omissions of the 

patentee, its employees, agents, 

contractors, or lessees, or third party 

arising out of or in connection with the 

use and/or occupancy of the patented 

real property resulting in: (1) Violations 

of federal, state, and local laws and 

regulations that are now, or in the future 

become, applicable to the real property; 

(2) Judgments, claims, or demands of 

any kind assessed against the United 

States; (3) Costs, expenses, or damages 

of any kind incurred by the United 

States; (4) Releases or threatened 

releases of solid or hazardous waste(s) 

and/or hazardous substances(s), as 

defined by federal or state 

environmental laws, off, on, into, or 

under land, property, and other interests 

of the United States; (5) Other activities 

by which solids or hazardous 

substances or wastes, as defined by 

federal and state environmental laws are 

generated, released, stored, used, or 

otherwise disposed of on the patented 

real property, and any cleanup 

response, remedial action, or other 

actions related in any manner to said 

solid or hazardous substances or wastes; 

or (6) Natural resource damages as 

defined by Federal and state law. This 

covenant shall be construed as running 

with the patented real property and may 

be enforced by the United States in a 

court of competent jurisdiction. 

3. Pursuant to the requirements 

established by section 120(h) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), (42 U.S.C. 9620(h)), as 

amended by the Superfund 

Amendments and Reauthorization Act 

of 1988, (100 Stat. 1670), notice is 

hereby given that the described lands 

have been examined and no evidence 

was found to indicate that any 

hazardous substances have been stored 

for one year or more, nor had any 

hazardous substances been disposed of 

or released on the subject property. 

Encumbrances of record, appearing in 

the BLM public files for the parcel 

proposed for sale, are available during 

normal business hours at the Battle 

Mountain District Office. 

No warranty of any kind, expressed or 

implied, is given by the United States as 

to the title, physical condition or 

potential uses of the parcel of land 

proposed for sale, and the conveyance 

of any such parcel will not be on a 

contingency basis. It is the buyer’s 

responsibility to be aware of all 

applicable federal, state, or local 

government laws, regulations, or 

policies that may affect the subject lands 

or its future uses. It is also the buyer’s 

responsibility to be aware of existing or 

prospective uses of nearby properties. 

Any land lacking access from a public 

road and highway will be conveyed as 

such, and future access acquisition will 

be the responsibility of the buyer. 

Only written comments submitted by 

postal service or overnight mail will be 

considered properly filed. Electronic 

mail, facsimile or telephone comments 

will not be considered as properly filed. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment—you should be aware that 

your entire comment, including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. Comments including names and 

street address of respondents will be 

available for public review at the Battle 

Mountain District Office during regular 

business hours, except holidays. 

Any adverse comments regarding the 

proposed sale will be reviewed by the 

BLM Nevada State Director, who may 

sustain, vacate, or modify this realty 

action. In the absence of any adverse 

comments, this realty action will 

become the final determination of the 

Department of the Interior. 

(Authority: 43 CFR 2711) 

Dated: May 19, 2009. 

Douglas W. Furtado, 

Field Manager, Mount Lewis Field Office. 

[FR Doc. E9–12268 Filed 5–26–09; 8:45 am] 

BILLING CODE 4310–HC–P 

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; 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 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. 

This notice corrects the spelling of 

one of the Native Hawaiian 

organizations reported in a Notice of 

Intent to Repatriate published in the 

Federal Register (74 FR 10755 – 10756, 

March 12, 2009). 

In the Federal Register of March 12, 

2009 (74 FR 10755 – 10756, March 12, 

2009) paragraph numbers 4 through 7 

are corrected by substituting ‘‘Laika-aManuia Ohana’’ for ‘‘Laika-a-Mauia 

Ohana’’ wherever the latter occurs. 

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 June 26, 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-Manuia 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 


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25276 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 

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-Manuia 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: May 5, 2009. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E9–12286 Filed 5–26–09; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Maryhill Museum of Art, 

Goldendale, WA; 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 Maryhill Museum of 

Art, Goldendale, WA, 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. 

This notice corrects a Notice of Intent 

to Repatriate Cultural Items published 

in the Federal Register (73 FR 16902, 

March 31, 2008) by including the 

Confederated Tribes and Bands of the 

Yakama Nation, Washington, and the 

Wanapum Band, a non-Federally 

recognized Indian group. 

In the Federal Register (73 FR 16902, 

March 31, 2008), paragraph numbers 6 

– 7 are corrected by substituting the 

following: 

Officials of the Maryhill Museum of 

Art have determined that, pursuant to 

25 U.S.C. 3001 (3)(B), the two 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 Maryhill Museum of Art 

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 Umatilla 

Indian Reservation, Oregon, and 

Confederated Tribes and Bands of the 

Yakama Nation, Washington. 

Furthermore, officials of the Maryhill 

Museum of Art have determined that 

there is a cultural relationship between 

the unassociated funerary objects and 

the Wanapum Band, a non-Federally 

recognized Indian group. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the unassociated funerary 

objects should contact Colleen 

Schafroth, Executive Director, Maryhill 

Museum of Art, 35 Maryhill Museum 

Drive, Goldendale, WA 98620, 

telephone (509) 773–3733, before June 

26, 2009. Repatriation of the 

unassociated funerary objects to the 

Confederated Tribes of the Umatilla 

Indian Reservation, Oregon; 

Confederated Tribes and Bands of the 

Yakama Nation, Washington; and the 

Wanapum Band, a non-Federally 

recognized Indian group, may proceed 

after that date if no additional claimants 

come forward. The Confederated Tribes 

of the Umatilla Indian Reservation, 

Oregon; Confederated Tribes and Bands 

of the Yakama Nation, Washington; and 

the Wanapum Band, a non-Federally 

recognized Indian group, are jointly 

claiming the unassociated funerary 

objects. 

The Maryhill Museum of Art is 

responsible for notifying the 

Confederated Tribes of the Umatilla 

Indian Reservation, Oregon; 

Confederated Tribes and Bands of the 

Yakama Nation, Washington; and the 

Wanapum Band, a non-Federally 

recognized Indian group, that this notice 

has been published. 

Dated: April 15, 2009. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E9–12258 Filed 5–26–09; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Inventory Completion: Field 

Museum of Natural History, Chicago, IL 

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. 3003, of the 

completion of an inventory of human 

remains in the possession of the Field 

Museum of Natural History, Chicago, IL. 

The human remains were removed from 

Kodiak, Kodiak Island, AK. 

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 human remains. The National 

Park Service is not responsible for the 

determinations in this notice. 

A detailed assessment of the human 

remains was made by Field Museum of 

Natural History professional staff in 

consultation with professional staff of 

the Alutiiq Museum and Archaeological 

Repository, Kodiak, AK, on behalf of 

Koniag, Inc.; Leisnoi, Inc.; Lesnoi 

Village (aka Woody Island); Natives of 

Kodiak, Inc.; and Sun’aq Tribe of 

Kodiak. 

In 1893, employees of the Field 

Museum of Natural History purchased 

human remains representing one 

individual from Ward’s Natural Science 

Establishment, Rochester, NY (Field 

Museum of Natural History accession 

number 407, catalog number 41470). No 

known individual was identified. No 

associated funerary objects are present. 

The human remains have been 

identified as Native American based on 

specific cultural and geographic 

attributions in Field Museum of Natural 

History records. The records identify the 

human remains as ‘‘Eskimo’’ from an 

‘‘ancient dwelling near St. Paul, Kodiak 

Isl., Alaska.’’ St. Paul, Kodiak Island, 

AK, is present-day Kodiak, Kodiak 

Island, AK. The term ‘‘Eskimo’’ is used 

by anthropologists to refer to both the 

prehistoric and historic Native peoples 

of the Kodiak region, who are the 

ancestors of the present-day Alutiiq 

people. Specifically, the human remains 

are from an area of the Kodiak 

archipelago traditionally used by 

shareholders and citizens of Koniag, 

Inc.; Leisnoi, Inc.; Lesnoi Village (aka 

Woody Island); Natives of Kodiak, Inc.; 

and Sun’aq Tribe of Kodiak. 

Officials of the Field Museum of 

Natural History have determined that, 

pursuant to 25 U.S.C. 3001 (9–10), the 

human remains described above 

represent the physical remains of one 

individual of Native American ancestry. 

Officials of the Field Museum of Natural 

History also have determined that, 


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