36740 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 

and November 2005. It was unclear 

whether the proposed action would 

involve NPS lands or adversely affect 

NPS resources, or whether such effects 

could be appropriately analyzed in 

another NEPA document until more 

information regarding possible 

alternatives and impacts became 

available. The NPS managers now 

believe that an EIS is most appropriate 

given the scope and complexity of the 

proposed action, and the likelihood that 

alternatives may impact park resources, 

involve access to NPS lands, or utilize 

NPS funds. All information generated 

during the previous scoping process 

will be retained for use in this EIS 

process. Anyone who contributed 

comments to the OEPA regarding the 

dam removal need not resend their 

comments. 

A preliminary set of alternatives for 

modification or removal of the Canal 

Diversion Dam has been developed. 

These include: (1) No Action—the dam 

would remain on the river continuing to 

adversely impact water quality of the 

Cuyahoga River and provide water to 

the Ohio and Erie Canal; (2) Total 

Removal—the dam would be removed, 

restoring a free-flowing river and water 

would be provided to the Ohio and Erie 

Canal to maintain its current watered 

state; and (3) Partial Removal/ 

Modification—the dam would be altered 

to allow for restoration of water quality 

as well as eliminating existing 

recreational boating hazard. Water 

would be provided to the Ohio and Erie 

Canal to maintain its current watered 

state. A variety of background 

documents have been completed and 

are available for review in the NPS 

PEPC Web site listed above. 

Dated: December 5, 2008. 

Ernest Quintana, 

Regional Director, Midwest Region. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on July 21, 2009. 

[FR Doc. E9–17705 Filed 7–23–09; 8:45 am] 

BILLING CODE 4310–MA–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: U.S. Department of Defense, 

Army Corps of Engineers, Walla Walla 

District, Walla Walla, WA and Museum 

of Anthropology, Washington State 

University, Pullman, WA 

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 

control of the U.S. Department of 

Defense, Army Corps of Engineers, 

Walla Walla District, Walla Walla, WA, 

and in the physical custody of the 

Museum of Anthropology, Washington 

State University, Pullman, 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 

unassociated funerary objects. The 

National Park Service is not responsible 

for the determinations in this notice. 

In July 1963, cultural items were 

removed from the Marmes Rockshelter 

(45FR50), Franklin County, WA, by 

Washington State University under 

contract with the National Park Service 

and prior to the inundation of the 

reservoir created by the construction of 

the Lower Monumental Dam by the U.S. 

Army Corps of Engineers. The material 

from the excavation is curated at 

Washington State University. The 

cultural items that were removed are 

believed to have been placed with or 

near the human remains from Burial 13. 

As the human remains from Burial 13 

are not in the control or possession of 

a Federal agency or museum, the 

cultural items are unassociated funerary 

objects. The 176 unassociated funerary 

objects are 44 faunal fragments, 12 

basalt samples, 15 chert/ 

cryptocrystalline flakes, 2 shells, 9 

organic materials (including plants), 1 

stone sample, 6 pieces of basalt blocky 

shatter, 6 pieces of chert/ 

cryptocrystalline blocky shatter, 2 chert/ 

cryptocrystalline flake shatter, 6 basalt 

flake shatter, 2 obsidian flakes, 1 

retouched basalt flake, 1 retouched 

chert/cryptocrystalline flake, 53 basalt 

flakes, 1 chert/cryptocrystalline core, 1 

chert/cryptocrystalline flakes, 12 basalt 

flakes, and 2 lots of shell remains. 

The unassociated funerary objects are 

determined to be associated with the 

Late Cascade Phase (6500 to 4500 BP). 

The archeological evidence found in the 

Marmes Rockshelter (and in six nearby 

archeological sites) supports a nearly 

continuous occupation from the Late 

Cascade Phase to the Harder Phase 

(2500–500 BP), and provides the most 

direct physical line of evidence 

supporting a determination of cultural 

affiliation between an earlier group and 

a present-day Indian tribe. Geographical 

and anthropological lines of evidence 

support the archeological. Oral tradition 

evidence provided by tribal elders 

indicates that a large Palus (Palouse) 

village, inhabited by tribal ancestors 

from time immemorial, was once 

located near the Marmes Rockshelter. 

According to tribal elders, these 

ancestors were mobile, and traveled the 

landscape to gather resources as well as 

trade among each other. 

Ethnographic documentation 

indicates that the present-day location 

of the Marmes Rockshelter in Franklin 

County, WA, is within the territory 

occupied historically by the Palus 

(Palouse) Indians. During the historic 

period, the Palouse people settled along 

the Snake River, relied on fish, game 

and root resources for subsistence, 

shared their resource areas and 

maintained extensive kinship 

connections with other groups in the 

area, and had limited political 

integration until the adoption of the 

horse (Walker 1998). These 

characteristics are common to the 

greater Plateau cultural communities 

surrounding the Palouse territory 

including the Nez Perce, Cayuse, Walla 

Walla, Yakama, and Wanapum groups. 

Moreover, the information provided 

during consultation by representatives 

of the Confederated Tribes of the 

Colville Reservation, Washington; 

Confederated Tribes of the Umatilla 

Indian Reservation, Oregon; 

Confederated Tribes and Bands of the 

Yakama Nation, Washington; Nez Perce 

Tribe, Idaho; and the Wanapum Band, a 

non-Federally recognized Indian group, 

substantiate their cultural affiliation 

with each other and with the earlier 

group represented at the Marmes 

Rockshelter. The descendants of these 

Plateau communities of southeastern 

Washington, now widely dispersed, are 

members of the Confederated Tribes of 

the Colville Reservation, Washington; 

Confederated Tribes of the Umatilla 

Indian Reservation, Oregon; 

Confederated Tribes and Bands of the 

Yakama Nation, Washington; Nez Perce 

Tribe, Idaho; and the Wanapum Band, a 

non-Federally recognized Indian group. 

Officials of the U.S. Department of 

Defense, Army Corps of Engineers, 

Walla Walla District have determined 

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

the 176 unassociated funerary objects 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 36741 

Defense, Army Corps of Engineers, 

Walla Walla District, 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 Colville Reservation, Washington; 

Confederated Tribes of the Umatilla 

Indian Reservation, Oregon; 

Confederated Tribes and Bands of the 

Yakama Nation, Washington; and Nez 

Perce Tribe, Idaho. Furthermore, 

officials of the U.S. Department of 

Defense, Army Corps of Engineers, 

Walla Walla District have determined 

that there is a cultural relationship 

between the unassociated funerary 

objects and the Wanapum Band, a nonFederally recognized Indian group. 

Representatives of any other Indian 

tribe that believe their tribe is culturally 

affiliated with the unassociated funerary 

objects should contact Lieutenant 

Colonel Michael Farrell, U.S. 

Department of Defense, Army Corps of 

Engineers, Walla Walla District, 201 

North Third Avenue, Walla Walla, WA 

99362–1876, telephone (509) 527–7700, 

before August 24, 2009. Repatriation of 

the unassociated funerary objects to the 

Confederated Tribes of the Colville 

Reservation, Washington; Confederated 

Tribes of the Umatilla Indian 

Reservation, Oregon; Confederated 

Tribes and Bands of the Yakama Nation, 

Washington; and Nez Perce Tribe, Idaho 

may proceed after that date if no 

additional claimants come forward. The 

U.S. Department of Defense, Army 

Corps of Engineers, Walla Walla District 

acknowledges participation of the 

Wanapum Band, a non-Federally 

recognized Indian group, in the transfer 

of the unassociated funerary objects to 

the Federally-recognized Indian tribes. 

The U.S. Department of Defense, 

Army Corps of Engineers, Walla Walla 

District is responsible for notifying the 

Confederated Tribes of the Colville 

Reservation, Washington; Confederated 

Tribes of the Umatilla Indian 

Reservation, Oregon; Confederated 

Tribes and Bands of the Yakama Nation, 

Washington; Nez Perce Tribe, Idaho; 

and the Wanapum Band, a nonFederally recognized Indian group that 

this notice has been published. 

Dated: July 14, 2009 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E9–17667 Filed 7–23–09; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Peabody Museum of 

Archaeology and Ethnology, Harvard 

University, Cambridge, MA 

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 Peabody Museum of 

Archaeology and Ethnology, Harvard 

University, Cambridge, MA, that meet 

the definitions of ‘‘sacred objects’’ and 

‘‘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 four cultural items are a medicine 

chord and three buckskin caps. 

In 1912, the medicine cord was 

collected by Grace Nicholson from an 

unknown locality. It was donated to the 

Peabody Museum of Archaeology and 

Ethnology by Lewis Farlow later that 

same year. It measures approximately 86 

cm and is made of a twisted leather 

thong with various leather fringes. The 

leather thong is tied with metal wraps 

at intervals of approximately 12 cm. An 

assemblage of items are attached to the 

bottom of the cord: a large stone 

projectile point; a small hide bundle 

tied with turquoise, coral, shell, and 

abalone beads; a black discoidal bead; a 

clear glass cylindrical bead; a ceramic 

bead; and a violet glass bead. 

Collector’s documentation describes 

this cultural item as White Mountain 

Apache. Consultation with the White 

Mountain Apache Tribe indicates that 

stylistic characteristics of this item are 

consistent with traditional White 

Mountain Apache forms. 

The first cap is made of two hide 

pieces sewn together with sinew. It has 

a twisted hide chin strap on the bottom. 

It measures approximately 12.5 cm x 19 

cm x 17.5 cm. There is a 2 cm high hide 

band which is folded over and sewn 

along the bottom of the cap. On the 

band are black zigzag designs with 

alternating black triangles. Two parallel 

black lines run along the circumference 

of the cap above the hide band. A crosslike design, formed with four black 

converging triangles is painted on the 

front center and back center of the cap. 

Numerous feathers are attached to the 

crown of the cap. There are four 

elements equally spaced along the top of 

the cap: a shell hoop with sinew 

wrapping above one of the painted 

crosses; a worked abalone shell above 

the other painted cross; one piece of 

obsidian with sinew wrapping; and one 

piece of quartz with sinew wrapping. 

The second cap is made of two pieces 

of hide sewn together with sinew. There 

is a hide chin strap on the bottom of the 

cap. The cap measures approximately 9 

cm x 17 cm x 19 cm. It has a band of 

green and blue beads across the bottom. 

There is a band of nine triangular linear 

designs which are composed of red 

triangles within black outlines above the 

band of beads. A cluster of 13 feathers 

are attached to the crown of the cap. 

The third cap is made of three pieces 

of hide sewn together with sinew. There 

is a twisted hide chin strap on the 

bottom. The cap measures 

approximately 12.5 cm x 13.5 cm x 17.5 

cm. There is a strip of red cloth trim 

along the bottom. Above the cloth is a 

row of yellow triangles with black 

outlines which extends across the 

circumference of the cap. Four black 

painted zigzag linear designs ascend 

from the spaces in-between the yellow 

triangles at intervals of every two or 

three triangles. These linear designs 

each branch out into five lines. Each 

line extends all the way to the crown of 

the cap and culminates in a black dot. 

There is a row of six holes below the 

center of the cap which runs across the 

circumference; this suggests that 

additional elements may have been 

present at some point. Ten holes on the 

crown of the cap indicate the presence 

of attachments which are currently 

absent. 

During the summer of 1922, the three 

buckskin caps were purchased by 

Samuel Guernsey from Babbitt’s Store in 

Flagstaff, AZ. Mr. Guernsey donated the 

first cap to the Peabody Museum in the 

same year it was purchased. In 1985, 

William Claflin bequeathed the second 

and third caps to the Peabody Museum. 

Museum documentation describes all 

three buckskin caps as ‘‘Western 

Apache.’’ William Claflin’s catalogue 

states that the two caps in his 

possession came from the ‘‘Trading Post 

on the Apache Reservation.’’ Museum 

accession files list the cap donated by 

Samuel Guernsey as having come from 

‘‘Cibicu Creek Trading Post.’’ Given that 

all three of the caps have similar 

provenience information and were 

purchased by Samuel Guernsey around 


srobinson on DSKHWCL6B1PROD with NOTICES