FR Doc E9-12281[Federal Register: May 26, 2009 (Volume 74, Number 99)]
[Notices]               
[Page 24876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my09-114]                         


[[Page 24876]]

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Inventory Completion: Paul H. Karshner Memorial Museum, 
Puyallup, WA

AGENCY: National Park Service, Interior.

ACTION: Notice.
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    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 Paul 
H. Karshner Memorial Museum, Puyallup, WA. The human remains were 
removed from Decatur Island, San Juan County, WA.
    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 Paul H. 
Karshner Memorial Museum professional staff in consultation with 
representatives of the Lummi Tribe of the Lummi Reservation, 
Washington; Samish Indian Nation, Washington; Swinomish Indian Tribal 
Community of the Swinomish Reservation, Washington; and Tulalip Tribes 
of the Tulalip Reservation, Washington.
    In or prior to 1930, human remains representing a minimum of one 
individual were removed from Decatur Island in San Juan County, WA. The 
human remains were donated to the museum by its founder, Dr. Warner M. 
Karshner, in 1930 (Catalog 1-362, Accn. 1930.01). No 
known individual was identified. No associated funerary objects are 
present.
    The human remains are listed in the museum inventory as being from 
Decatur Island and described as "one flattened Indian skull" (museum 
inventory notebook). Further, a direct label on the cranium states 
"Decatur Island, Puget Sound" as the place of origin. Based on these 
records, the human remains have been determined by the museum to be 
Native American.
    Decatur Island is located within the San Juan Islands, an 
archipelago that is known to have been utilized by the aboriginal 
Lummi, Samish, and Swinomish tribes or bands. During the consultation 
process with the Lummi Tribe, representatives of the Lummi indicated 
they would not claim the human remains because they consider Decatur 
Island to be outside of their usual and accustomed places. Both the 
Samish Indian Nation and Swinomish Indian Tribal Community have 
submitted claims to the Paul H. Karshner Memorial Museum for human 
remains from Decatur Island, and each tribe provided evidence regarding 
aboriginal use of Decatur Island. During the consultation process, 
representatives of the Swinomish Indian Tribal Community stated that 
they consider Decatur Island to have been used primarily by the 
aboriginal Samish, to which the Swinomish Indian Tribal Community is an 
adjudicated legal successor in interest (United States v. Washington, 
459 F. Supp. 1020, 1039 (W.D. Wa. 1978)). During the consultation 
process, representatives of the Samish Indian Nation stated that they 
consider Decatur Island to be within their traditional territory and 
provided evidence that other human remains from Decatur Island have 
been repatriated to the Samish Indian Nation. Following consultation 
between the Swinomish Indian Tribal Community and Samish Indian Nation, 
the Swinomish Indian Tribal Community provided the museum with a 
written statement withdrawing their claim for the human remains from 
Decatur Island. With the voluntarily withdrawal of the claim for 
repatriation of the human remains by Swinomish Indian Tribal Community, 
officials of the Paul H. Karshner Memorial Museum have determined that 
there is a preponderance of evidence in favor of the Samish Indian 
Nation's claim for repatriation. Both the Swinomish Indian Tribal 
Community and Samish Indian Nation have agreed to work cooperatively 
with respect to reburial of the human remains after the repatriation is 
complete.
    Officials of the Paul H. Karshner Memorial Museum 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 Paul H. Karshner Memorial Museum 
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 Native American human remains and the Samish Indian Nation, 
Washington and Swinomish Indian Tribal Community of the Swinomish 
Reservation, Washington.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains should contact Dr. Jay 
Reifel, Assistant Superintendent, Paul H. Karshner Memorial Museum, 
telephone (253) 840-8971, or Ms. Beth Bestrom, Museum Curator, Paul H. 
Karshner Memorial Museum, telephone (253) 841-8748, 309 4th St. NE, 
Puyallup, WA 98372, before June 25, 2009. Repatriation of the human 
remains to the Samish Indian Nation, Washington may proceed after that 
date if no additional claimants come forward.
    The Paul H. Karshner Memorial Museum is responsible for notifying 
the Lummi Tribe of the Lummi Reservation, Washington; Samish Indian 
Nation, Washington; Swinomish Indian Tribal Community of the Swinomish 
Reservation, Washington; and Tulalip Tribes of the Tulalip Reservation, 
Washington that this notice has been published.

    Dated: April 28, 2009.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-12281 Filed 5-22-09; 8:45 am]

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