FR Doc 2010-13062[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]               
[Page 30427]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn10-108]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Intent to Repatriate Cultural Items: University of 
Idaho, Alfred W. Bowers Laboratory of Anthropology, Moscow, ID

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 University of 
Idaho, Alfred W. Bowers Laboratory of Anthropology, Moscow, ID, that 
meet the definitions of "unassociated funerary objects" and "sacred 
object" 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.
    In 1963, five unassociated funerary objects were removed from the 
Whitebird Site, 10-IH-84. The five unassociated funerary objects are 
one square wood stick, one brass or copper button, one dentalium 
vulgare shell, one-end rounded cork, and one bone whistle. This site is 
located within the area ceded by the Nez Perce to the United States 
pursuant to the Nez Perce Treaty of June 9, 1863 (14 Stat. 647). The 
site is within the area recognized by a final judgment of the Indian 
Claims Commission as the aboriginal land of the Nez Perce Tribe, Idaho 
(18 Ind. Cl. Comm. 1, 1967). Finally, the site is a known Nez Perce 
burial site.
    Currently, the Whitebird Site is federally-owned and administered 
by the National Park Service; however, at the time of excavation, Harry 
Hagen owned this property. The objects were removed during the survey 
and subsequent construction of an alternate road (Route (F-41/3(13)). 
Although the site did not yield human remains at the time of the 
excavation, it was noted that the site had been "almost completely 
potted by amateurs," (Idaho Archaeological Site Survey, recorded by 
Perry Silver, Idaho State Archaeological Society).
    In addition to being a funerary object, the bone whistle has been 
described as possibly sacred. Bone whistles are used in special 
ceremonies, and may have been buried with the person who owned it. 
Based on consultation evidence with the Nez Perce Tribe, the bone 
whistle has been determined to be a sacred object.
    Officials from the University of Idaho Alfred W. Bowers Laboratory 
of Anthropology 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 a death rite or ceremony and are believed, by a 
preponderance of the evidence, to have been removed from a burial site 
of Native American individuals. Officials of the University of Idaho, 
Alfred W. Bowers Laboratory of Anthropology also have determined that, 
pursuant to 25 U.S.C. 3001(3)(C), the one cultural item described above 
is a specific ceremonial object needed by traditional Native American 
religious leaders for the practice of traditional Native American 
religions by their present-day adherents. Lastly, officials of the 
University of Idaho, Alfred W. Bowers Laboratory of Anthropology 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 
sacred object and unassociated funerary objects and the Nez Perce 
Tribe, Idaho.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects and/or 
sacred object should contact Leah K. Evans-Janke, University of Idaho, 
Alfred W. Bowers Laboratory of Anthropology, Moscow, ID 83844-1111, 
telephone (208) 885-3733, before July 1, 2010. Repatriation of the 
unassociated funerary objects and sacred object to the Nez Perce Tribe, 
Idaho, may proceed after that date if no additional claimants come 
forward.
    The University of Idaho, Alfred W. Bowers Laboratory of 
Anthropology is responsible for notifying the Nez Perce Tribe, Idaho, 
that this notice has been published.

    Dated: May 5, 2010
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2010-13062 Filed 5-28-10; 8:45 am]
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