FR Doc 03-10919
[Federal Register: May 2, 2003 (Volume 68, Number 85)]
[Notices]               
[Page 23492-23493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my03-81]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: Burke Museum, 
University of Washington, Seattle, 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. 3005, of the intent 
to repatriate cultural items in the possession of the Burke Museum, 
University of Washington, Seattle, 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 within 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 within this notice.
    The 244 cultural items are 3 strings of re-strung shell beads, 6 
glass beads, 6 fragments of unidentifiable nonhuman bone (1 burned), 1 
broken metal gorget, 1 metal thimble, 2 obsidian fragments, 4 pebbles, 
164 glass beads, 48 fused glass pieces, 3 fused glass fragments with 
unidentifiable bone attached, and 6 necklaces of glass and shell beads.
    At an unknown date in the late 19th century, Dr. James Taylor White 
collected archeological materials from Siskiyou County, CA. The 
collection included three strings of re-strung shell beads and six 
glass beads, all of which were donated by Mrs. James T. White to the 
Burke Museum, and formally accessioned in 1904 (Accession no. 846). 
Accession records indicate that these strings of beads were found in 
graves. The Burke Museum has no documentation indicating that human 
remains were collected. Provenience information indicates that the 
cultural items originated from areas on the Klamath River, Siskiyou 
County, CA, and on Shovel Creek, Siskiyou County, CA.
    In 1925, Dr. Leslie Spier removed cultural items from a cremation 
along the middle Williamson River near Klamath Lake, Klamath County, 
OR. The objects collected by Dr. Spier are 6 fragments of 
unidentifiable nonhuman bone, including a fragment of burned bone, 1 
broken metal gorget, 1 metal thimble, 2 obsidian fragments, 4 pebbles, 
164 glass beads, 48 fused glass pieces, and 3 fused glass fragments 
with unidentifiable bone attached. Dr. Spier donated the collection to 
the Burke Museum the same year. The Burke Museum has no documentation 
indicating that human remains were collected. The mortuary practices 
are consistent with Klamath and Modoc customs.
    In 1971, Charles Gazzam purchased six necklaces of glass and shell 
beads that originated from Tule Lake, Siskiyou County, CA. This 
collection was donated to the Burke Museum and accessioned in 1976 
(Accession no.

[[Page 23493]]

1976-38). A note on the accession record reads, ``from graves?''
    The Williamson River near Klamath Lake, Klamath County, OR; the 
Klamath River, Siskiyou County, CA; Shovel Creek on the Klamath River, 
Siskiyou County, CA; and Tule Lake, Siskiyou County, CA, are all within 
the boundaries of lands ceded by the Klamath and Modoc Tribes and the 
Yahooskin Band of Snake Indians in the ``Treaty of Klamath Lake, Oregon 
with the Klamath, Modoc, and Yahooskin Band of Snake, October 14, 
1864.'' John R. Swanton, in his 1968 book, ``The Indian Tribes of North 
America,'' draws on historical documentation and notes that the areas 
of Klamath Lake and the Williamson River, Klamath County, OR, are 
within the aboriginal territory of the villages and bands associated 
with the Klamath, and that the areas surrounding Tule Lake, Siskiyou 
County, CA, are within the aboriginal territory of the villages and 
bands associated with the Modoc. Based on archeological provenience, 
historical documentation, and geographical data provided by tribal 
representatives during consultation, officials of the Burke Museum have 
determined that the cultural items listed above are of Native American 
origin and that they are affiliated with the Klamath and Modoc Tribes 
and the Yahooskin Band of Snake Indians referred to in the 1864 Treaty. 
These groups are represented by the present-day Klamath Indian Tribe of 
Oregon. The Modoc Tribe of Oklahoma may also have a relationship to 
cultural items from this area, but they have informed the museum that 
the Klamath may act on their behalf.
    Officials of the Burke Museum have determined that, pursuant to 25 
U.S.C. 3001 (3)(B), the cultural items 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 specific 
burial sites of Native American individuals. Officials of the Burke 
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 unassociated funerary objects and the Klamath Indian 
Tribe of Oregon.
     Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Dr. Peter Lape, Curator of Archaeology, Burke Museum, Box 
353010, University of Washington, Seattle, WA 98195, telephone (206) 
685-2282, before June 2, 2003. Repatriation of the unassociated 
funerary objects to the Klamath Indian Tribe of Oregon may proceed 
after that date if no additional claimants come forward.
    The Burke Museum, University of Washington, is responsible for 
notifying the Klamath Indian Tribe of Oregon and the Modoc Tribe of 
Oklahoma that this notice has been published.

    Dated: April 9, 2003.
John Robbins,
Assistant Director, Cultural Resources.
[FR Doc. 03-10919 Filed 5-1-03; 8:45 am]

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