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Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices 34323

DEPARTMENT OF THE INTERIOR In 1972, human remains representing territorial realignments through time a minimum of one individual were and, ultimately, tribal conglomerations removed from site 35–JA–23, also and mergers resulting from mid–19th known as the Fawn Butte Spring Site, Century treaty negotiations with the Notice of Inventory Completion: U.S. Jackson County, OR, during excavations U.S. Government, make determination Department of Defense, Army Corps of by State University prior to of the sites’ cultural affiliation Engineers, Portland District, Portland, construction of the proposed Lost Creek uncertain. The sites described above are OR, and Oregon State University Lake Dam. The excavations were within or near the traditional lands of Department of Anthropology, Corvallis, conducted on Fawn Butte above an the present–day Confederated Tribes of OR ephemeral branch of Lost Creek, a Coos, Lower Umpqua and Siuslaw AGENCY: National Park Service, Interior. tributary of the . No known Indians of Oregon; Confederated Tribes ACTION: Notice. individual was identified. The 147 of the of associated funerary objects are 1 Oregon; Confederated Tribes of the Notice is here given in accordance chalcedony knife, 1 projectile point, 1 Reservation, Oregon; Cow Creek with the Native American Graves projectile point tip fragment, 5 bifaces, Band of Umpqua Indians of Oregon; Protection and Repatriation Act 1 end scraper, 1 graver, 1 burin, 1 burin- , Oregon; and Modoc (NAGPRA), 25 U.S.C. 3003, of the like flake tool, 6 utilized flakes, 3 cores, Tribe of . The Coquille Tribe completion of an inventory of human 3 core reduction fragments, 119 debitage of Oregon has indicated both sites are remains and associated funerary objects flakes and fragments, 1 unidentified located outside of their ancestral in the control of the U.S. Department of lithic item, 1 bag of wood fragments, territory. Defense, Army Corps of Engineers, and 2 bags of burial dirt. The Confederated Tribes of the Coos, Portland District, Portland, OR, and in Site 35–JA–23 is a multicomponent Lower Umpqua and Siuslaw Indians of the possession of the Oregon State village that is believed to have been Oregon traditionally inhabited the University Department of Anthropology, occupied as early as 1200 years B.P. to headwaters, valleys and estuaries of the Corvallis, OR. The human remains and approximately A.D. 1800. Based on the Coos, Lower Umpqua and Siuslaw associated funerary objects were location of the human remains within Rivers along the central and south– removed from sites on Army Corps of the site and the associated artifacts, the central . The tribes spoke Engineers land within the Lost Creek individual has been determined to be diverse dialects within the Hanis, Lake Dam project area on the Rogue Native American. Milluk, Athapascan, Kuitsch, and River, Jackson County, OR. In 1972–1973, human remains Siuslaw language groups. The tribes This notice is published as part of the representing a minimum of two have been operating under a National Park Service’s administrative individuals were removed from site 35– confederated government since signing responsibilities under NAGPRA, 25 JA–25, also known as the Far Hills a treaty with the U.S. Government in U.S.C. 3003 (d)(3). The determinations Ranch Site, Jackson County, OR, during 1855. Many tribal members were in this notice are the sole responsibility excavations conducted by Oregon State removed to the , the of the museum, institution, or Federal University prior to construction of the sub agency, and other federal agency that has control of the Native proposed Lost Creek Lake Dam. The military encampments along the south– American human remains and excavations were conducted below the central Oregon coast during the mid to associated funerary objects. The mouth of Long Branch Creek on the late–19th Century. The Confederated National Park Service is not responsible west bank of the Rogue River. No known Tribes of the Coos, Lower Umpqua and for the determinations in this notice. individuals were identified. The 19 Siuslaw Indians of Oregon were A detailed assessment of the human associated funerary objects are 8 shell terminated from federal recognition in remains was made by Oregon State beads, 5 olivella beads, 1 pine nut bead, 1954 and restored in 1984. University Department of Anthropology 2 shell pendants, 1 ulna awl, and 2 The Confederated Tribes of the Grand and U.S. Army Corps of Engineers, lithic fragments. Ronde Community of Oregon, include at Portland District professional staff in Site 35–JA–25 is a small cemetery and least 26 tribes and bands whose consultation with representatives of the village dating from before A.D. 1400 to ancestral homelands span across Confederated Tribes of Coos, Lower A.D. 1700. The cemetery appears to western Oregon, southwestern Umpqua and Siuslaw Indians of Oregon; have been used prior to A.D. 1400 and and northern . Confederated Tribes of the Grand Ronde the village was primarily occupied The Grand Ronde tribes and bands Community of Oregon; Confederated between A.D. 1500 and A.D. 1700. include the Rogue River, Umpqua, Tribes of the Siletz Reservation, Oregon; Ninety–two additional human burials Chasta, , , Clackamas, Coquille Tribe of Oregon; Cow Creek located on private property at the site Salmon River, Tillamook, and Nestucca, Band of Umpqua Indians of Oregon; were exhumed at an undetermined date as well as other smaller groups. At the Klamath Tribes, Oregon (formerly the prior to World War II, during time of contact, the individual groups Klamath Indian Tribe of Oregon); and construction of private ranch facilities, spoke 30 dialects of the Athapascan, . and re–interred approximately five Chinookan, Kalapuyan, Takelman, Native American cultural items miles to the north in Trail, OR. Based Molalan, , Salishan, and described in this notice were excavated on the location of the human remains Shastan language families. In 1856– under Antiquities Act permits by the within the site and the associated 1857, the U.S. Government forcibly Oregon State University Department of artifacts, both individuals removed have relocated the Grand Ronde peoples to Anthropology, Corvallis, OR, on Army been determined to be Native American. the Grand Ronde Reservation at the Corps of Engineers project lands. Ethnographic records suggest the headwaters of the South Following excavations at the sites areas surrounding sites 35–JA–23 and in Yamhill and Polk Counties, OR. The described below, and under the 35–JA–25 were likely occupied by the Confederated Tribes of the Grand Ronde provisions of the permits, the Oregon and possibly Southern Molala Community of Oregon were first State University Department of bands during the early Contact period. incorporated in 1935, terminated from Anthropology was allowed to retain the However, overlapping territories, shared federal recognition in 1954, and restored collections for preservation. use of resource gathering areas, possible with tribal recognition in 1983.

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The Confederated Tribes of the Siletz 1954, and then restored as a federally that date if no additional claimants Reservation, Oregon, are a confederation recognized tribe in 1986. come forward. The Confederated Tribes of 30 bands whose ancestral territory The Modoc Tribe of Oklahoma and of Coos, Lower Umpqua and Siuslaw ranged along the entire Oregon coast the Klamath Tribes, Oregon, have a Indians of Oregon, Coquille Tribe of and Coast Range, inland to the main shared ancestry. The traditional Modoc Oregon, and Klamath Tribes, Oregon, in divide of the and south homeland consisted of some 5,000 consultation with the U.S. Army Corps to the Rogue River watershed. The square miles along what is now the of Engineers, Portland District, have principal tribes include the , California–Oregon border. Following the indicated their desire to defer their Chinook, Klickitat, Molala, Kalapuya, conclusion of the Modoc War in 1873, interest to the other mentioned Tribes. Tillamook, Alsea, Siuslaw/Lower the were relocated to the The U.S. Army Corps of Engineers, Umpqua, Coos, Coquille, Upper Quapaw Reservation in Oklahoma. In Portland District is responsible for Umpqua, Tututni, Chetco, , 1909, the Modoc were granted notifying the Confederated Tribes of Takelma or Upper Rogue River, Galice/ permission to return to Oregon. Those Coos, Lower Umpqua and Siuslaw Applegate, and Shasta. The ancestors of who returned became part of the Indians of Oregon; Confederated Tribes the confederated tribes spoke at least 10 Klamath Tribes, Oregon. The Modoc of the Grand Ronde Community of different base languages, many with Tribe of Oklahoma and the Klamath Oregon; Confederated Tribes of the strong dialectic divisions even within Tribes, Oregon, have formally agreed Siletz Reservation, Oregon; Coquille the same language. In general, five that repatriation of human remains from Tribe of Oregon; Cow Creek Band of linguistic stocks – Salish, Yakonan, the historically documented territory of Umpqua Indians of Oregon; Klamath Kusan, Takelman, and Athapascan – are the Klamath Tribes should go to the Tribes, Oregon; and Modoc Tribe of represented by the tribes. The tribes Klamath Tribes, Oregon, for reburial. Oklahoma that this notice has been were forcibly removed from their Officials of the U.S. Army Corps of published. Engineers, Portland District have homelands in 1855 by the U.S. Dated: May 21, 2008 Government and placed on the Siletz determined that, pursuant to 25 U.S.C. 3001 (9–10), the human remains Sherry Hutt, and Grand Ronde reservations. After Manager, National NAGPRA Program. having their tribal status terminated described above represent the physical [FR Doc. E8–13577 Filed 6–17–08; 8:45 am] from federal recognition in 1954, the remains of at least three individuals of Confederated Tribes of the Siletz Native American ancestry. Officials of BILLING CODE 4312–50–S Reservation, Oregon were officially the U.S. Army Corps of Engineers, restored in 1977. Portland District also have determined that, pursuant to 25 U.S.C. 3001 (3)(A), DEPARTMENT OF THE INTERIOR The Cow Creek Band of Umpqua the 166 objects described above are Indians of Oregon traditionally reasonably believed to have been placed National Park Service occupied the rugged, forested territory with or near individual human remains Notice of Inventory Completion: U.S. extending from the Cow Creek at the time of death or later as part of Department of the Interior, Bureau of watershed in the Coast Range to the the death rite or ceremony. Lastly, Land Management, Alaska State Office, North and South Forks of the Umpqua officials of the U.S. Army Corps of Anchorage, AK, and Alaska Office of River along the western slope of the Engineers, Portland District have History and Archaeology, Anchorage, Cascades. They spoke Takelma, a determined that, pursuant to 25 U.S.C. AK language in the Takelman-Kalapuyan 3001 (2), there is a relationship of division of the Penutian language stock. shared group identity that can be AGENCY: National Park Service, Interior. After treaty negotiations with the U.S. reasonably traced between the Native ACTION: Notice. Government in 1853 led to subsequent American human remains and hostilities and the removal of many associated funerary objects and the Notice is here given in accordance tribal members to the Grand Ronde Confederated Tribes of Coos, Lower with the Native American Graves Reservation on the Yamhill River, a Umpqua and Siuslaw Indians of Oregon; Protection and Repatriation Act large group of Umpqua sought safety in Confederated Tribes of the Grand Ronde (NAGPRA), 25 U.S.C. 3003, of the remote areas of their traditional Community of Oregon; Confederated completion of an inventory of human homeland. The Cow Creek Band of Tribes of the Siletz Reservation, Oregon; remains in the control of the U.S. Umpqua Indians of Oregon was Cow Creek Band of Umpqua Indians of Department of the Interior, Bureau of terminated as a recognized tribe by the Oregon; Klamath Tribes, Oregon; and Land Management, Alaska State Office, federal government in 1954, and later Modoc Tribe of Oklahoma. Anchorage, AK, and in the possession of restored to federal recognition in 1982. Representatives of any other Indian the Alaska Office of History and The Klamath Tribes, Oregon, consist tribe that believes itself to be culturally Archaeology, Anchorage, AK. The of the Klamath, Modoc and Yahooskin affiliated with the human remains and human remains were removed from tribes. Their ancestral territory includes associated funerary objects should Amaknak Island and Unalaska Island, much of south–central Oregon from the contact Daniel Mulligan, NAGPRA AK. east slopes of the Cascades to the Coordinator, Environmental Resources This notice is published as part of the adjoining desert areas, northward to the Branch, U.S. Army Corps of Engineers, National Park Service’s administrative headwaters and as far Portland District, P. O. Box 2946, responsibilities under NAGPRA, 25 south as Mount Shasta in California. Portland, OR 97208–2946, telephone U.S.C. 3003 (d)(3). The determinations The tribes speak Klamath and Modoc, (503) 808–4768, before July 17, 2008. in this notice are the sole responsibility two closely-related dialects belonging to Repatriation of the human remains and of the museum, institution, or Federal the Plateau branch of the Penutian associated funerary objects to the agency that has control of the Native language family. The tribes were Confederated Tribes of the Grand Ronde American human remains. The National removed to the Klamath Reservation Community of Oregon, Cow Creek Band Park Service is not responsible for the immediately northeast of Upper of Umpqua Indians of Oregon, and/or determinations in this notice. Klamath Lake in the mid–1860s, Confederated Tribes of the Siletz A detailed assessment of the human terminated from federal recognition in Reservation, Oregon, may proceed after remains was made by the Bureau of

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