24876 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices DEPARTMENT OF THE INTERIOR indicated they would not claim the should contact Dr. Jay Reifel, Assistant human remains because they consider Superintendent, Paul H. Karshner National Park Service Decatur Island to be outside of their Memorial Museum, telephone (253) usual and accustomed places. Both the 840–8971, or Ms. Beth Bestrom, Notice of Inventory Completion: Paul Samish Indian Nation and Swinomish Museum Curator, Paul H. Karshner H. Karshner Memorial Museum, Indian Tribal Community have Memorial Museum, telephone (253) Puyallup, WA submitted claims to the Paul H. 841–8748, 309 4th St. NE, Puyallup, WA AGENCY: National Park Service, Interior. Karshner Memorial Museum for human 98372, before June 25, 2009. remains from Decatur Island, and each Repatriation of the human remains to ACTION: Notice. tribe provided evidence regarding the Samish Indian Nation, Washington Notice is here given in accordance aboriginal use of Decatur Island. During may proceed after that date if no with the Native American Graves the consultation process, representatives additional claimants come forward. Protection and Repatriation Act of the Swinomish Indian Tribal The Paul H. Karshner Memorial (NAGPRA), 25 U.S.C. 3003, of the Community stated that they consider Museum is responsible for notifying the completion of an inventory of human Decatur Island to have been used Lummi Tribe of the Lummi Reservation, remains in the possession of Paul H. primarily by the aboriginal Samish, to Washington; Samish Indian Nation, Karshner Memorial Museum, Puyallup, which the Swinomish Indian Tribal Washington; Swinomish Indian Tribal WA. The human remains were removed Community is an adjudicated legal Community of the Swinomish from Decatur Island, San Juan County, successor in interest (United States v. Reservation, Washington; and Tulalip WA. Washington, 459 F. Supp. 1020, 1039 Tribes of the Tulalip Reservation, This notice is published as part of the (W.D. Wa. 1978)). During the Washington that this notice has been National Park Service’s administrative consultation process, representatives of published. the Samish Indian Nation stated that responsibilities under NAGPRA, 25 Dated: April 28, 2009. they consider Decatur Island to be U.S.C. 3003 (d)(3). The determinations Sherry Hutt, in this notice are the sole responsibility within their traditional territory and provided evidence that other human Manager, National NAGPRA Program. of the museum, institution, or Federal remains from Decatur Island have been [FR Doc. E9–12281 Filed 5–22–09; 8:45 am] agency that has control of the Native repatriated to the Samish Indian Nation. BILLING CODE 4312–50–S American human remains. The National Following consultation between the Park Service is not responsible for the Swinomish Indian Tribal Community determinations in this notice. and Samish Indian Nation, the DEPARTMENT OF THE INTERIOR A detailed assessment of the human Swinomish Indian Tribal Community remains was made by Paul H. Karshner National Park Service provided the museum with a written Memorial Museum professional staff in statement withdrawing their claim for consultation with representatives of the Notice of Inventory Completion: the human remains from Decatur Island. Lummi Tribe of the Lummi Reservation, Oregon State University, Department With the voluntarily withdrawal of the of Anthropology, Corvallis, OR Washington; Samish Indian Nation, claim for repatriation of the human Washington; Swinomish Indian Tribal remains by Swinomish Indian Tribal AGENCY: National Park Service, Interior. Community of the Swinomish Community, officials of the Paul H. ACTION: Notice. Reservation, Washington; and Tulalip Karshner Memorial Museum have Tribes of the Tulalip Reservation, determined that there is a Notice is here given in accordance Washington. preponderance of evidence in favor of with the Native American Graves In or prior to 1930, human remains the Samish Indian Nation’s claim for Protection and Repatriation Act representing a minimum of one repatriation. Both the Swinomish Indian (NAGPRA), 25 U.S.C. 3003, of the individual were removed from Decatur Tribal Community and Samish Indian completion of an inventory of human Island in San Juan County, WA. The Nation have agreed to work remains in the control of Oregon State human remains were donated to the cooperatively with respect to reburial of University, Department of museum by its founder, Dr. Warner M. the human remains after the repatriation Anthropology, Corvallis, OR. The Karshner, in 1930 (Catalog #1–362, is complete. human remains were removed from Accn. #1930.01). No known individual Officials of the Paul H. Karshner Fisher Mounds, Will County, IL. was identified. No associated funerary Memorial Museum have determined This notice is published as part of the objects are present. that, pursuant to 25 U.S.C. 3001 (9–10), National Park Service’s administrative The human remains are listed in the the human remains described above responsibilities under NAGPRA, 25 museum inventory as being from represent the physical remains of one U.S.C. 3003 (d)(3). The determinations Decatur Island and described as ‘‘one individual of Native American ancestry. in this notice are the sole responsibility flattened Indian skull’’ (museum Officials of the Paul H. Karshner of the museum, institution, or Federal inventory notebook). Further, a direct Memorial Museum also have agency that has control of the Native label on the cranium states ‘‘Decatur determined that, pursuant to 25 U.S.C. American human remains. The National Island, Puget Sound’’ as the place of 3001 (2), there is a relationship of Park Service is not responsible for the origin. Based on these records, the shared group identity that can be determinations in this notice. human remains have been determined reasonably traced between the Native A detailed assessment of the human by the museum to be Native American. American human remains and the remains was made by Oregon State Decatur Island is located within the Samish Indian Nation, Washington and University, Department of Anthropology San Juan Islands, an archipelago that is Swinomish Indian Tribal Community of professional staff in consultation with known to have been utilized by the the Swinomish Reservation, representatives of the Ho-Chunk Nation aboriginal Lummi, Samish, and Washington. of Wisconsin and the Iowa Tribe of Swinomish tribes or bands. During the Representatives of any other Indian Kansas and Nebraska. The Cheyenne consultation process with the Lummi tribe that believes itself to be culturally River Sioux Tribe of the Cheyenne River Tribe, representatives of the Lummi affiliated with the human remains Reservation, South Dakota; Citizen VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.SGM 26MYN1.