FR Doc 05-21329
[Federal Register: October 26, 2005 (Volume 70, Number 206)]
[Notices]               
[Page 61838-61839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc05-119]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: Horner Collection, 
Oregon State University, Corvallis, OR

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 Horner 
Collection, Oregon State University, Corvallis, OR, 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.
    The five cultural items are one drum, one drumstick, one Coho or 
shinny stick, one trinket basket, and one wallet basket. Three of the 
cultural items are part of the Dr. J.L. Hill collection.
    Horner Collection, Oregon State University professional staff 
consulted with representatives of the Confederated Tribes of the Grand 
Ronde Community of Oregon; Confederated Tribes of the Siletz 
Reservation, Oregon; Karuk Tribe of California; Quinault Tribe of the 
Quinault Reservation, Washington; and Shoalwater Bay Tribe of the 
Shoalwater Bay Indian Reservation, Washington.
    The Museum of Oregon Country, Oregon Agricultural College acquired 
the collection from Dr. Hill's son and daughter in 1925. The Museum of 
Oregon Country was renamed the John B. Horner Museum of the Oregon 
Country in 1936, and became commonly known as the Horner Museum. The 
Oregon Agricultural College was renamed the Oregon State College in 
1937, and became Oregon State University in 1962. In 1981, Dr. Hill's 
heirs, Emily Hill Ward and her son, Fred Ward signed a gift agreement 
transferring ownership of Dr. Hill's entire collection to the museum. 
The Horner Museum closed in 1995. Currently, cultural items from the 
Horner Museum are referred to as the Horner Collection, which is owned 
by, and in the possession of, Oregon State University.
    At an unknown date, one drum and drumstick were removed from the 
Siletz Reservation, OR, by Mr. C.S. Davis. In 1921, Dr. J.L. Hill's 
heirs loaned the drum and drumstick to the Museum of Oregon Country. It 
is believed that Mr. Davis had given the cultural items to Dr. Hill 
specifically to donate to the Museum of Oregon Country. In the 1981 
gift agreement, Dr. Hill's heirs transferred ownership of Dr. Hill's 
entire collection, including the drum and drumstick, to the Horner 
Collection, Oregon State University.
    The museum records for the drum and drumstick state that they were 
originally made by Moses Lane of the Siletz Reservation, OR. A cultural 
representative of the Confederated Tribes of the Siletz Reservation, 
Oregon has said that the drum and drumstick would have been used to 
enhance the spiritual development of the owner. Traditionally, the drum 
and drumstick would have been uniquely and solely connected to the 
owner and would have been buried with the owner. Furthermore, according 
to museum records, a note attached to the drum reads, ``You will notice 
that the framework is hand made and cut out with crude tools. The cover 
is tanned horsehide. These drums are used at tribal ceremonies, dances, 
games etc. and are generally buried with the remains of the owner.''
    The Horner Collection, Oregon State University has no evidence the 
drum and drumstick were ever buried with Moses Lane or any other 
individual. However, museum records state that Dr. Hill was known to 
have collected human remains and cultural items from burials and 
mounds. Based on consultation and museum records, the Horner 
Collection, Oregon State University finds that the intent was to 
maintain the spiritual connection between owner and object through the 
burial of the cultural items with their owner and has therefore 
identified the cultural items as unassociated funerary objects.
    At an unknown date, one shinny or Coho stick was removed from an 
unknown location by Dr. Hill. In 1921, Dr. Hill's heirs loaned the 
cultural item to the museum. In the 1981 gift agreement, Dr. Hill's 
heirs, transferred ownership of Dr. Hill's entire collection, including 
the shinny or Coho stick, to the Horner Collection, Oregon State 
University.
    According to museum records the shinny or Coho stick was created by 
Andrew Smith of the Siletz Reservation, OR. A cultural representative 
of the Confederated Tribes of the Siletz Reservation, Oregon has said 
that the shinny or Coho stick would have been used to enhance the 
spiritual development of the owner. Therefore, a shinny or Coho stick 
would have been uniquely and solely connected to the owner, and 
traditionally such items were buried with the owner. The Horner 
Collection, Oregon State University has no evidence that the shinny or 
Coho stick was ever buried with Andrew Smith or any other individual. 
However,

[[Page 61839]]

museum records state that Dr. Hill was known to have collected human 
remains and cultural items from burials and mounds. Based on 
consultation and museum records, the Horner Collection, Oregon State 
University finds that the intent was to maintain the spiritual 
connection between owner and object through the burial of this cultural 
item with its owner and has therefore identified the cultural item as 
an unassociated funerary object.
    At an unknown date, one trinket basket and one wallet basket were 
removed from an unknown location by Mr. W.C. Dyer. In 1934, Mrs. S.C. 
Dyer, the wife of Mr. Dyer, donated the trinket basket and wallet 
basket to the museum. The Horner Collection, Oregon State University 
has no evidence the trinket and wallet baskts were ever buried with any 
individual. However, museum records state that Mr. Dyer was known to 
have collected human remains and cultural items from burials and 
mounds. Based on consultation and museum records, the Horner 
Collection, Oregon State University has identified the cultural items 
as unassociated funerary objects.
    According to museum records, both the trinket and wallet baskets 
are Clatsop in origin. Any direct Clatsop descendant who meets the 
Confederated Tribes of the Siletz Reservation, Oregon enrollment 
criteria is eligible for membership in the Confederated Tribes of the 
Siletz Reservation, Oregon. The Clatsop are ancestors of the present-
day Chinook Tribe. The Chinook Tribe has cultural and political ties to 
the Confederated Tribes of the Siletz Reservation, Oregon. The Chinook 
Tribe is a confederated member of the Confederated Tribes of the Siletz 
Reservation, Oregon.
    Officials of the Horner Collection, Oregon State University have 
determined that, pursuant to 25 U.S.C. 3001 (3)(B), the five 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 specific burial sites of Native 
American individuals. Officials of the Horner Collection, Oregon State 
University 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 five unassociated funerary objects and the 
Confederated Tribes of the Siletz Reservation, Oregon.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Sabah Randhawa, Executive Vice President and Provost, 
President's Office, Oregon State University, 600 Kerr Administration 
Building, Corvallis, OR 97331, telephone (541) 737-8260, before 
November 25, 2005. Repatriation of the unassociated funerary objects to 
the Confederated Tribes of the Siletz Reservation, Oregon may proceed 
after that date if no additional claimants come forward.
    Horner Collection, Oregon State University is responsible for 
notifying the Confederated Tribes of the Grand Ronde Community of 
Oregon; Confederated Tribes of the Siletz Reservation, Oregon; Karuk 
Tribe of California; Quinault Tribe of the Quinault Reservation, 
Washington; and Shoalwater Bay Tribe of the Shoalwater Bay Indian 
Reservation, Washington that this notice has been published.
    Dated:September 28, 2005
    Sherry Hutt,
    Manager, National NAGPRA Program.
[FR Doc. 05-21329 Filed 10-25-05; 8:45 am]

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