[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19700-19702]
From the Federal Register Online via the Government Printing Office 
[www.gpo.gov ]
[FR Doc No: 2012-7876]


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DEPARTMENT OF THE INTERIOR

National Park Service

[2253-665]


Notice of Intent to Repatriate Cultural Items: California Department of Parks 
and Recreation, Sacramento, CA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The California Department of Parks and Recreation, in consultation 
with the appropriate tribes, has determined that the cultural items meet the 
definition of unassociated funerary objects and repatriation to the Indian 
tribes stated below may occur if no additional claimants come forward. 
Representatives of any Indian tribe that believes itself to be culturally 
affiliated with the cultural item may contact the California Department of 
Parks and Recreation.

DATES: Representatives of any Indian tribe that believes it has a cultural 
affiliation with the cultural item should contact the California Department 
of Parks and Recreation at the address below by May 2, 2012.

ADDRESSES: Rebecca Carruthers, NAGPRA Coordinator, California Department of 
Parks and Recreation, 1416 9th Street, Room 902, Sacramento, CA 95814, 
telephone (916) 653-8893.

SUPPLEMENTARY INFORMATION: 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 under the control of the California 
Department of Parks and Recreation that meet the definition of unassociated 
funerary objects under 25 U.S.C. 3001. The unassociated funerary objects were 
removed from twelve sites located in San Diego and Imperial counties, CA.
    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 
cultural item. The National

[[Page 19701]]

Park Service is not responsible for the determinations in this notice.

History and description of the cultural item

    The unassociated funerary objects were removed from twelve sites located 
in San Diego and Imperial Counties, CA. The geographical location of these 
sites indicates that the unassociated funerary objects were recovered within 
the historically documented territory shared by the Cahuilla and the 
Kumeyaay. Northern areas of the Anza Borrego Desert State Park, such as the 
San Felipe Creek drainage, Culp Valley, Pinyon Ridge, the Borrego Badlands, 
and the Borrego Valley, may have formed a so-called ``transitional zone'' 
between the Cahuilla and the Kumeyaay. The two groups would have used the 
areas jointly or, as convenient, for subsistence or ceremonial needs.
    The traditional territory of the Kumeyaay includes a significant portion 
of present-day San Diego County up to the Aqua Hedionda area and inland along 
the San Felipe Creek (just south of Borrego Springs). Bound to the east by 
the Sand Hills in Imperial County and includes the southern end of the Salton 
Basin and all of the Chocolate Mountains, the territory extends southward to 
Todos Santos Bay, Laguna Salada and along the New River in northern Baja 
California. The central and southern portions of Anza Borrego Desert State 
Park lie within the traditional territory of the Kumeyaay.
    The traditional aboriginal territory of the Cahuilla, as defined by 
anthropologist Lowell John Bean, encompasses a geographically diverse area of 
mountains, valleys and low desert zones. The southernmost boundary 
approximately followed a line from just below Borrego Springs to the north 
end of the Salton Basin and the Chocolate Mountains. The eastern boundary ran 
along the summit of the San Bernardino Mountains. The northern boundary stood 
within the San Jacinto Plain near Riverside, while the base of Palomar 
Mountain formed the western boundary. According to Bean and archeologist 
William D. Strong, the northern end of Anza Borrego Desert State Park lies 
within the traditional territory of the Cahuilla and includes the areas of 
Borrego Palm Canyon, Coyote Canyon, Clark Valley, the Santa Rosa Mountains, 
Jackass Flat, Rockhouse Canyon and Horse Canyon.
    At an unknown date, Harvey Clark collected a small pottery bowl from site 
CA-SDI-4443 in the Barrel Springs area of Ocotillo Wells State Vehicular 
Recreation Area, an area of the park known to contain large village sites 
with cremation burials. The bowl is an unassociated funerary object based on 
the proximity of human cremation burials in the area and the personal nature 
of the object. Although the object does not appear to be heavily burned, it 
is more likely than not to have come from a funerary context.
    At an unknown date, an unidentified individual collected one lot of 
charcoal samples from an unidentified cremation burial within Anza Borrego 
Desert State Park. In 1989, the objects were found in the Paul Ezell Archives 
at the Arizona State Museum and subsequently returned to the California 
Department of Parks and Recreation in 2000. The samples are unassociated 
funerary objects based upon the labels which read: ``Charcoal Do Not Open, 
Yuman Inhumation, Anza-Borrego.''
    At an unknown date prior to 1980, an unidentified individual collected a 
Haliotis ornament, 12 melted glass beads and three burnt pottery fragments 
from an unidentified site along the shoreline of the Salton Sea in Lower 
Borrego Valley. The objects were donated to the California Department of 
Parks and Recreation by Ada Jackson in 1980. The objects were recovered from 
the shoreline of the ancient Lake Cahuilla where there are extremely dense 
concentrations of habitation and cremation deposits. The objects are 
unassociated funerary objects based on the proximity of human cremation 
burials in the area, the burned exterior which is consistent with exposure to 
heat during cremation, and the description on the Haliotis ornament which 
states ``Cremation Associated.''
    Sometime in the 1970s, archeologist William Seidel collected a burnt 
potsherd from site D-7-5 northwest of Borrego Springs, CA, an area known to 
contain large village sites with cremation burials. The potsherd is an 
unassociated funerary object based on the proximity of human cremation 
burials, the personal nature of the object, and the burned exterior which is 
consistent with exposure to heat during cremation.
    At an unknown date, Phil Benge collected a small pottery bowl from an 
unidentified site near Tamarisk Grove in Anza Borrego Desert State Park, an 
area known to contain major village sites with cremation burials. The bowl is 
an unassociated funerary object based on the proximity of human cremation 
burials in the area and the ceremonial nature of the object. Small bowls such 
as this were not ordinary household utilitarian vessels but were used by 
ceremonial leaders to mix medicinal and ceremonially ingested substances, 
sometimes used in funerary and mourning ceremonies. Although the object does 
not appear to be heavily burned, it is more likely than not to have come from 
a funerary context.
    Sometime in the 1970s, archeologist William Seidel collected eight 
Olivella shell beads from an unidentified site south of the airport in 
Borrego Springs, CA, an area known to contain large village sites with 
cremation burials. The beads are unassociated funerary objects based upon the 
proximity of human cremation burials in the area and the ceremonial/personal 
nature of the objects. Although the objects do not appear to be heavily 
burned, they is more likely than not to have come from a funerary context.
    At an unknown date between 1945 and 1955, Mrs. Jane Thomas collected one 
lot of over 200 burnt shell beads from an unidentified site in mesquite dunes 
in the Ocotillo Badlands east of Ocotillo Wells, an area known to contain 
large village sites with cremation burials. The beads are unassociated 
funerary objects based upon the proximity of human cremation burials in the 
area, the personal nature of the objects, and the burned exterior which is 
consistent with exposure to heat during cremation.
    At an unknown date, B. Frizzel collected two burnt Olivella shell beads 
from an unidentified site near Ocotillo Wells in San Diego County, CA. The 
beads are unassociated funerary objects based upon the personal nature of the 
objects and the burned exterior which is consistent with exposure to heat 
during cremation.
    At an unknown date, Harry Dick Ross collected one lot of over 80 burnt 
Olivella shell beads from an unidentified site in Lower Borrego Valley in San 
Diego and Imperial County, CA, an area known to contain large village sites 
with cremation burials. The beads are unassociated funerary objects based 
upon the proximity of human cremation burials in the area, the personal 
nature of the objects, and the burned exterior which is consistent with 
exposure to heat during cremation.
    At an unknown date, an unidentified individual collected a pipe stem 
fragment from an unidentified site in the Harper Flat area of Anza Borrego 
Desert State Park. The object was donated to the California Department of 
Parks and Recreation by Harry D. Ross in 1979. This unassociated funerary 
object was recovered from an area known to contain large village sites with 
cremation burials. The pipe fragment to be an unassociated funerary object 
based upon the proximity of human cremation burials in the area and the

[[Page 19702]]

ceremonial/personal nature of the object. Although the object does not appear 
to be heavily burned, it is more likely than not to have come from a funerary 
context.
    At an unknown date, an unidentified individual collected one lot of more 
than 100 burnt beads, seven pipe fragments, a pottery ball, and a pottery 
object from an unidentified site in the Borrego Valley area of Anza Borrego 
Desert State Park. These objects were a part of the DuVall Collection, which 
was later donated to California Department of Parks and Recreation in the 
1970s. The DuVall Collection represents cultural materials collected on and 
around an early settlers' ranch in Borrego Valley. Given the lack of specific 
provenience, the geographical location of the site is impossible to 
determine. Based on the provenience of the other objects from the DuVall 
Ranch in Borrego Valley, it can be reasonably assumed that these remains were 
collected from the same geographic region. These unassociated funerary 
objects are thought to have been collected from an area know to contain 
extensive habitation and burial deposits. The Borrego Sink was an area where 
both the Kumeyaay and the Cahuilla peoples came together for ceremonial 
events such as cremation and mourning ceremonies. The objects are 
unassociated funerary objects based on the ceremonial/
personal nature of the objects common to cremation burials of the Kumeyaay 
and Cahuilla and the burned exterior which is consistent with exposure to 
heat during cremation.
    At an unknown date, individuals (including DC Barbee, F. Fairchild, Ada 
Jackson, Harry D. Ross and Ben McCown) collected objects from an unknown 
number of archaeological sites and these materials were stored in the Borrego 
Archaeological Research Center in Anza Borrego Desert State Park. The 
unassociated funerary objects consist of 57 burnt shell beads, 6 pipe 
fragments and one small pottery bowl. Though no specific provenience 
information is available for these objects, they appear consistent with the 
material culture of Cahuilla or Kumeyaay in the region of Anza Borrego Desert 
State Park. In this region, pipes, shell beads, and small pottery bowls were 
often disposed of when a person died and was cremated. The objects are 
ceremonial/personal in nature, and although the object does not appear to be 
heavily burned, it is more likely than not to have come from a funerary 
context.

Determinations made by the California Department of Parks and Recreation

    Officials of the California Department of Parks and Recreation have 
determined that:
     Pursuant to 25 U.S.C. 3001(3)(B), the 107 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 is believed, by a preponderance of the evidence, to have been removed 
from a specific burial site of a Native American individual.
     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 Agua Caliente Band of Cahuilla Indians of the Agua Caliente 
Indian Reservation, California; Augustine Band of Cahuilla Indians, 
California (formerly the Augustine Band of Cahuilla Mission Indians of the 
Augustine Reservation); Cabazon Band of Mission Indians, California; Cahuilla 
Band of Mission Indians of the Cahuilla Reservation, California; Campo Band 
of Diegueno Mission Indians of the Campo Indian Reservation, California; 
Capitan Grande Band of Diegueno Mission Indians of California: Barona Group 
of Capitan Grande Band of Mission Indians of the Barona Reservation, 
California, and Viejas (Baron Long) Group of Capitan Grande Band of Mission 
Indians of the Viejas Reservation, California; Ewiiaapaayp Band of Kumeyaay 
Indians, California; Iipay Nation of Santa Ysabel, California (formerly the 
Santa Ysabel Band of Diegueno Mission Indians of the Santa Ysabel 
Reservation); Inaja Band of Diegueno Mission Indians of the Inaja and Cosmit 
Reservation, California; Jamul Indian Village of California; La Posta Band of 
Diegueno Mission Indians of the La Posta Indian Reservation, California; Los 
Coyotes Band of Cahuilla and Cupeno Indians, California (formerly the Los 
Coyotes Band of Cahuilla & Cupeno Indians of the Los Coyotes Reservation); 
Manzanita Band of Diegueno Mission Indians of the Manzanita Reservation, 
California; Mesa Grande Band of Diegueno Mission Indians of the Mesa Grande 
Reservation, California; Morongo Band of Mission Indians, California 
(formerly the Morongo Band of Cahuilla Mission Indians of the Morongo 
Reservation); Ramona Band of Cahuilla, California (formerly the Ramona Band 
or Village of Cahuilla Mission Indians of California); San Pasqual Band of 
Diegueno Mission Indians of California; Santa Rosa Band of Cahuilla Indians, 
California (formerly the Santa Rosa Band of Cahuilla Mission Indians of the 
Santa Rosa Reservation); Sycuan Band of the Kumeyaay Nation; and Torres-
Martinez Desert Cahuilla Indians, California (formerly the Torres-Martinez 
Band of Cahuilla Mission Indians of California) (hereafter referred to as 
``The Tribes'').

Additional Requestors and Disposition

    Representatives of any Indian tribe that believes itself to be culturally 
affiliated with the unassociated funerary object should contact Rebecca 
Carruthers, NAGPRA Coordinator, California Department of Parks and 
Recreation, 1416 9th Street, Room 902, Sacramento CA 95814, telephone (916) 
653-8893, before May 2, 2012. Repatriation of the unassociated funerary 
objects to The Tribes may proceed after that date if no additional claimants 
come forward.
    The California Department of Parks and Recreation is responsible for 
notifying The Tribes that this notice has been published.

    Dated: March 28, 2012.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2012-7876 Filed 3-30-12; 8:45 am]
BILLING CODE 4310-50-P






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