80 FR 46598 - Notice of Intent To Repatriate Cultural Items: Washington State Parks and Recreation Commission, Olympia, WA
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 80, Issue 150 (August 5, 2015)
National Park Service
Federal Register Volume 80, Issue 150 (August 5, 2015)
| Page Range | 46598-46599 | |
| FR Document | 2015-19266 |
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)] [Notices] [Pages 46598-46599] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19266] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-18523; PPWOCRADN0-PCU00RP14.R50000] Notice of Intent To Repatriate Cultural Items: Washington State Parks and Recreation Commission, Olympia, WA AGENCY: National Park Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Washington State Parks and Recreation Commission [hereafter State Parks], in consultation with lineal descendants and the appropriate Indian tribes or Native Hawaiian organizations, has determined that the cultural items listed in this notice meet the definition of unassociated funerary objects. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to State Parks. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed. DATES: Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to State Parks at the address in this notice by September 4, 2015. ADDRESSES: Alicia Woods, Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650, telephone (360) 902.0939, email Alicia.Woods@parks.wa.gov. 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 State Parks, Olympia, WA, 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 Native American cultural items. The National Park Service is not responsible for the determinations in this notice. History and Description of the Cultural Items In 1951, 88 cultural items were removed from the archeological site 45-SP-5 in Spokane County, WA, by Louis R. Caywood with the National Park Service and under contract with State Parks. During the archeological excavation of the site, the burial location of Jacques Raphael Finlay (1768-1828, of Saulteaux-Cree (Chippewa)/Eastern Woodland (Ojibwe) and Scottish descent) was discovered and removed along with 88 documented funerary objects. In 1976, the Finlay/Finley family, spanning (at minimum) a tristate region, requested and received permission for the reburial of Mr. Finlay's remains. A detailed inventory of the collection in 2005 revealed the funerary objects had not been reburied with Mr. Finlay's remains. In 1951 at the time of excavation, a Memorandum of Agreement between the Eastern Washington State Historical Society (EWSHS, also now known as the Northwest Museum of Arts and Culture) and State Parks released custody and control of all excavated material to EWSHS. In 1976, the EWSHS deaccessioned Mr. Finlay's remains and released them to Mr. Elwood Ball of Ball and Dodd Funeral Home for reburial. In 1989, the EWSHS deaccessioned the balance of the 1951 excavated material in a transfer to State Parks. The funerary objects listed below were identified in the collection by staff at the Burke Museum of Natural History and Culture (Burke Museum) in 2005. The objects were subsequently transferred to State Parks headquarters in Olympia, WA. The 88 unassociated funerary objects are 3 brass buttons, 2(+) fragments of cloth, 2 fragments of glass and 9 metal fragments believed to have once been a pair of spectacles, 1 bone comb fragment, 17 nails believed to have been from the burial vessel, 2 pipe bowl fragments, 5 pipe stem fragments, 1 glass bead fragment, 1 porcelain fragment, 20(+) wood fragments believed to be from the burial vessel, 1 charcoal fragment, 1 white clay fragment, 1 complete wood pipe and 20(+) particles of burned tobacco. One (1) ``killed'' knife with wood handle and 1 writing slate are missing from inventory. Efforts to track and recover these two items over the last four years have failed. The site is that of Spokane House, a fur trade fort, founded and built by Mr. Finlay (an on-again, off-again employee of the North West Company and a free/independent trader) and a colleague under the direction of David Thompson around 1809. The fort changed ownership to the Hudson's Bay Company, who, in 1825, moved their operation from Spokane House (Nisbet, 2003). Mr. Finlay first arrived in what would later become the Spokane, WA, area with a wife and children. Mr. Finlay's wife is believed to have been from a similar or close tribe to that of his mother's. At some point Mr. Finlay took one, possibly two more wives, both believed to have been Native American women, and went on to father more children. In total he appears to have had, at minimum, 15 children, although possibly as many as 19 children. He died in December of 1828, and his wife buried him at the site of Spokane House. State Parks staff has determined the 88 unassociated funerary objects are reasonably believed to have been placed with or near Mr. Finlay at the time of his death or later as part of the death rite or ceremony. The surviving Finlay family is large (some estimates put their size at over 11,000 living in the 1990s). State Parks performed a lineal descendant search that resulted in 35 descendants that contacted State Parks and 12 lineal descendants that placed formal claims. The claimants are as follows: Dumont, Harold Tommy; Dumont-Friday, Michelle; Dumont, Monte; Childress, JuLee Lain; Childress, Michael L.; Childress, minor child #1; Childress, minor child #2; Finley, Marian; Loper, Donald; Salois, Britton; Samsel, Joan; and Trahan, Albert. State Parks has also determined there is a relationship of shared group identity that can be reasonably traced between Mr. Finlay's funerary objects and modern-day tribes. Based on a preponderance of the following evidence the objects are culturally affiliated to the modern- day tribes of the Coeur d'Alene Tribe of the Coeur d'Alene Reservation, Idaho; Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana; Confederated Tribes of the Colville Reservation, Washington; Kalispel Tribe of the Kalispel Reservation, Washington; and Spokane Tribe of the Spokane Reservation, Washington. This determination is based on ethnographic evidence that the Upper and Middle Spokane people predominantly resided in the area and utilized the resources of the site both pre and post-contact. Included in this evidence are tribal members and tribal descents that share kinship connections; shared linguistic heritage, overlapping trade networks, battle alliances, shared [[Page 46599]] resource protection, cooperative hunting parties, and shared burial practices (Fahey, 1986; Luttrell, 2011; Ruby and Brown, 1970 & 1981; Walker, 1998). Additionally, in consultation with the Spokane Tribe, representatives of the tribe stated the site is a part of their people's traditional territory. State Parks received a joint claim for repatriation for the funerary objects from the lineal descendant claimants listed above and the Coeur d'Alene Tribe of the Coeur d'Alene Reservation, Idaho; Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana; Confederated Tribes of the Colville Reservation, Washington; Kalispel Tribe of the Kalispel Reservation, Washington; and Spokane Tribe of the Spokane Reservation, Washington. Determinations Made by the Washington State Parks and Recreation Commission Officials of the Washington State Parks and Recreation Commission have determined that:Pursuant to 25 U.S.C. 3001(3)(B), the 88 unassociated funerary objects 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 a specific burial site of a Native American individual. Pursuant to 25 U.S.C. 3005(a)(5)(A), Dumont, Harold Tommy; Dumont-Friday, Michelle; Dumont, Monte; Childress, JuLee Lain; Childress, Michael L.; Childress, minor child #1; Childress, minor child #2; Finley, Marian; Loper, Donald; Salois, Britton; Samsel, Joan; and Trahan, Albert are the direct lineal descendants of the individual who owned these funerary objects. 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 Coeur d'Alene Tribe of the Coeur d'Alene Reservation, Idaho; Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana; Confederated Tribes of the Colville Reservation, Washington; Kalispel Tribe of the Kalispel Reservation, Washington; and Spokane Tribe of the Spokane Reservation, Washington. Additional Requestors and Disposition Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to Alicia Woods, Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650, telephone (360) 902-0939, email Alicia.Woods@parks.wa.gov, by September 4, 2015. After that date, if no additional claimants have come forward, transfer of control of the unassociated funerary objects to the listed lineal descendants and the Coeur d'Alene Tribe of the Coeur d'Alene Reservation, Idaho; Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana; Confederated Tribes of the Colville Reservation, Washington; Kalispel Tribe of the Kalispel Reservation, Washington; and Spokane Tribe of the Spokane Reservation, Washington, may proceed. The Washington State Parks and Recreation Commission is responsible for notifying the lineal descendants; Coeur d'Alene Tribe of the Coeur d'Alene Reservation, Idaho; Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana; Confederated Tribes of the Colville Reservation, Washington; Kalispel Tribe of the Kalispel Reservation, Washington; and Spokane Tribe of the Spokane Reservation, Washington, that this notice has been published. Dated: June 29, 2015. Melanie O'Brien, Manager, National NAGPRA Program. [FR Doc. 2015-19266 Filed 8-4-15; 8:45 am] BILLING CODE 4312-50-P
![46598 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices
Dated: June 29, 2015. agency that has control of the Native of the North West Company and a free/
Melanie O’Brien, American cultural items. The National independent trader) and a colleague
Manager, National NAGPRA Program. Park Service is not responsible for the under the direction of David Thompson
[FR Doc. 2015–19267 Filed 8–4–15; 8:45 am] determinations in this notice. around 1809. The fort changed
ownership to the Hudson’s Bay
BILLING CODE 4312–50–P History and Description of the Cultural
Items Company, who, in 1825, moved their
operation from Spokane House (Nisbet,
DEPARTMENT OF THE INTERIOR In 1951, 88 cultural items were 2003). Mr. Finlay first arrived in what
removed from the archeological site 45– would later become the Spokane, WA,
National Park Service SP–5 in Spokane County, WA, by Louis area with a wife and children. Mr.
R. Caywood with the National Park Finlay’s wife is believed to have been
[NPS–WASO–NAGPRA–18523; Service and under contract with State
PPWOCRADN0–PCU00RP14.R50000] from a similar or close tribe to that of
Parks. During the archeological his mother’s. At some point Mr. Finlay
Notice of Intent To Repatriate Cultural excavation of the site, the burial took one, possibly two more wives, both
Items: Washington State Parks and location of Jacques Raphael Finlay believed to have been Native American
Recreation Commission, Olympia, WA (1768–1828, of Saulteaux-Cree women, and went on to father more
(Chippewa)/Eastern Woodland (Ojibwe) children. In total he appears to have
AGENCY: National Park Service, Interior. and Scottish descent) was discovered had, at minimum, 15 children, although
ACTION: Notice. and removed along with 88 documented possibly as many as 19 children. He
funerary objects. In 1976, the Finlay/ died in December of 1828, and his wife
SUMMARY: The Washington State Parks Finley family, spanning (at minimum) a buried him at the site of Spokane House.
and Recreation Commission [hereafter tristate region, requested and received
State Parks], in consultation with lineal permission for the reburial of Mr. State Parks staff has determined the
descendants and the appropriate Indian Finlay’s remains. A detailed inventory 88 unassociated funerary objects are
tribes or Native Hawaiian organizations, of the collection in 2005 revealed the reasonably believed to have been placed
has determined that the cultural items funerary objects had not been reburied with or near Mr. Finlay at the time of
listed in this notice meet the definition with Mr. Finlay’s remains. In 1951 at his death or later as part of the death rite
of unassociated funerary objects. Lineal the time of excavation, a Memorandum or ceremony. The surviving Finlay
descendants or representatives of any of Agreement between the Eastern family is large (some estimates put their
Indian tribe or Native Hawaiian Washington State Historical Society size at over 11,000 living in the 1990s).
organization not identified in this notice (EWSHS, also now known as the State Parks performed a lineal
that wish to claim these cultural items Northwest Museum of Arts and Culture) descendant search that resulted in 35
should submit a written request to State and State Parks released custody and descendants that contacted State Parks
Parks. If no additional claimants come control of all excavated material to and 12 lineal descendants that placed
forward, transfer of control of the EWSHS. In 1976, the EWSHS formal claims. The claimants are as
cultural items to the lineal descendants, deaccessioned Mr. Finlay’s remains and follows: Dumont, Harold Tommy;
Indian tribes, or Native Hawaiian released them to Mr. Elwood Ball of Ball Dumont-Friday, Michelle; Dumont,
organizations stated in this notice may and Dodd Funeral Home for reburial. In Monte; Childress, JuLee Lain; Childress,
proceed. 1989, the EWSHS deaccessioned the Michael L.; Childress, minor child #1;
balance of the 1951 excavated material Childress, minor child #2; Finley,
DATES: Lineal descendants or
in a transfer to State Parks. The funerary Marian; Loper, Donald; Salois, Britton;
representatives of any Indian tribe or Samsel, Joan; and Trahan, Albert. State
Native Hawaiian organization not objects listed below were identified in
the collection by staff at the Burke Parks has also determined there is a
identified in this notice that wish to relationship of shared group identity
claim these cultural items should Museum of Natural History and Culture
(Burke Museum) in 2005. The objects that can be reasonably traced between
submit a written request with Mr. Finlay’s funerary objects and
information in support of the claim to were subsequently transferred to State
Parks headquarters in Olympia, WA. modern-day tribes. Based on a
State Parks at the address in this notice preponderance of the following
The 88 unassociated funerary objects
by September 4, 2015. evidence the objects are culturally
are 3 brass buttons, 2(+) fragments of
ADDRESSES: Alicia Woods, Washington cloth, 2 fragments of glass and 9 metal affiliated to the modern-day tribes of the
State Parks and Recreation Commission, fragments believed to have once been a Coeur d’Alene Tribe of the Coeur
P.O. Box 42650, Olympia, WA 98504– pair of spectacles, 1 bone comb d’Alene Reservation, Idaho;
2650, telephone (360) 902.0939, email fragment, 17 nails believed to have been Confederated Salish and Kootenai
Alicia.Woods@parks.wa.gov. from the burial vessel, 2 pipe bowl Tribes of the Flathead Reservation,
SUPPLEMENTARY INFORMATION: Notice is fragments, 5 pipe stem fragments, 1 Montana; Confederated Tribes of the
here given in accordance with the glass bead fragment, 1 porcelain Colville Reservation, Washington;
Native American Graves Protection and fragment, 20(+) wood fragments Kalispel Tribe of the Kalispel
Repatriation Act (NAGPRA), 25 U.S.C. believed to be from the burial vessel, 1 Reservation, Washington; and Spokane
3005, of the intent to repatriate cultural charcoal fragment, 1 white clay Tribe of the Spokane Reservation,
items under the control of the State fragment, 1 complete wood pipe and Washington. This determination is
Parks, Olympia, WA, that meet the 20(+) particles of burned tobacco. One based on ethnographic evidence that the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
definition of unassociated funerary (1) ‘‘killed’’ knife with wood handle and Upper and Middle Spokane people
objects under 25 U.S.C. 3001. 1 writing slate are missing from predominantly resided in the area and
This notice is published as part of the inventory. Efforts to track and recover utilized the resources of the site both
National Park Service’s administrative these two items over the last four years pre and post-contact. Included in this
responsibilities under NAGPRA, 25 have failed. evidence are tribal members and tribal
U.S.C. 3003(d)(3). The determinations in The site is that of Spokane House, a descents that share kinship connections;
this notice are the sole responsibility of fur trade fort, founded and built by Mr. shared linguistic heritage, overlapping
the museum, institution, or Federal Finlay (an on-again, off-again employee trade networks, battle alliances, shared
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![Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices 46599
resource protection, cooperative hunting should submit a written request with DATES: Nominations must be
parties, and shared burial practices information in support of the claim to postmarked by September 4, 2015.
(Fahey, 1986; Luttrell, 2011; Ruby and Alicia Woods, Washington State Parks ADDRESSES: Nominations should be sent
Brown, 1970 & 1981; Walker, 1998). and Recreation Commission, P.O. Box to: Clarence Summers, Subsistence
Additionally, in consultation with the 42650, Olympia, WA 98504–2650, Manager, National Park Service, Alaska
Spokane Tribe, representatives of the telephone (360) 902–0939, email Regional Office, 240 W. 5th Avenue,
tribe stated the site is a part of their Alicia.Woods@parks.wa.gov, by Anchorage, AK 99501; or via email at
people’s traditional territory. September 4, 2015. After that date, if no clarence_summers@nps.gov.
State Parks received a joint claim for additional claimants have come SUPPLEMENTARY INFORMATION: The NPS
repatriation for the funerary objects forward, transfer of control of the SRC program is authorized under
from the lineal descendant claimants unassociated funerary objects to the section 808 of the Alaska National
listed above and the Coeur d’Alene listed lineal descendants and the Coeur Interest Lands Conservation Act (16
Tribe of the Coeur d’Alene Reservation, d’Alene Tribe of the Coeur d’Alene U.S.C. 3118). The SRCs hold meetings to
Idaho; Confederated Salish and Reservation, Idaho; Confederated Salish develop NPS subsistence program
Kootenai Tribes of the Flathead and Kootenai Tribes of the Flathead recommendations and advise on related
Reservation, Montana; Confederated Reservation, Montana; Confederated regulatory proposals and resource
Tribes of the Colville Reservation, Tribes of the Colville Reservation, management issues.
Washington; Kalispel Tribe of the Washington; Kalispel Tribe of the Each SRC is composed of nine
Kalispel Reservation, Washington; and Kalispel Reservation, Washington; and members: (a) Three members appointed
Spokane Tribe of the Spokane Spokane Tribe of the Spokane by the Secretary of the Interior; (b) three
Reservation, Washington. Reservation, Washington, may proceed. members appointed by the Governor of
Determinations Made by the The Washington State Parks and the State of Alaska; and (c) three
Washington State Parks and Recreation Recreation Commission is responsible members appointed by a Regional
Commission for notifying the lineal descendants; Advisory Council (RAC), established
Coeur d’Alene Tribe of the Coeur pursuant to 16 U.S.C. 3115, which has
Officials of the Washington State d’Alene Reservation, Idaho;
Parks and Recreation Commission have jurisdiction within the area in which the
Confederated Salish and Kootenai park is located. Each of the three
determined that: Tribes of the Flathead Reservation,
• Pursuant to 25 U.S.C. 3001(3)(B), members appointed by the RAC must be
Montana; Confederated Tribes of the a member of either the RAC or a local
the 88 unassociated funerary objects Colville Reservation, Washington;
described above are reasonably believed advisory committee within the region
Kalispel Tribe of the Kalispel who also engages in subsistence uses
to have been placed with or near Reservation, Washington; and Spokane
individual human remains at the time of within the Park or Park Monument.
Tribe of the Spokane Reservation, We are now seeking nominations for
death or later as part of the death rite Washington, that this notice has been
or ceremony and are believed, by a those three members of each of the SRCs
published. listed above. These members are to be
preponderance of the evidence, to have
been removed from a specific burial site Dated: June 29, 2015. appointed by the Secretary of the
of a Native American individual. Melanie O’Brien, Interior.
• Pursuant to 25 U.S.C. 3005(a)(5)(A), Manager, National NAGPRA Program. Members will be appointed for a term
Dumont, Harold Tommy; Dumont- [FR Doc. 2015–19266 Filed 8–4–15; 8:45 am]
of three years. Members of the SRC
Friday, Michelle; Dumont, Monte; receive no pay, allowances, or benefits
BILLING CODE 4312–50–P
Childress, JuLee Lain; Childress, by reason of their service on the SRC.
Michael L.; Childress, minor child #1; However, while away from their homes
Childress, minor child #2; Finley, DEPARTMENT OF THE INTERIOR or regular places of business in the
Marian; Loper, Donald; Salois, Britton; performance of services for the SRC, and
Samsel, Joan; and Trahan, Albert are the National Park Service as approved by the Designated Federal
direct lineal descendants of the Officer (DFO), members may be allowed
[NPS–AKR–ANIA–CAKR–DENA–GAAR– travel expenses, including per diem in
individual who owned these funerary
KOVA–LACL–18851; PPAKAKROR4, lieu of subsistence, in the same manner
objects. PPMPRLE1Y.LS0000]
• Pursuant to 25 U.S.C. 3001(2), there as persons employed intermittently in
is a relationship of shared group Request for Nominations for the Government service are allowed such
identity that can be reasonably traced National Park Service Alaska Region expenses under section 5703 of title 5 of
between the unassociated funerary Subsistence Resource Commission the United States Code.
objects and the Coeur d’Alene Tribe of SRC meetings will take place at such
Program
the Coeur d’Alene Reservation, Idaho; times as designated by the DFO.
Confederated Salish and Kootenai AGENCY: National Park Service, Interior. Members are expected to make every
Tribes of the Flathead Reservation, ACTION: Request for nominations. effort to attend all meetings. Members
Montana; Confederated Tribes of the may not appoint deputies or alternates.
Colville Reservation, Washington; SUMMARY: The National Park Service Individuals who are federally
Kalispel Tribe of the Kalispel (NPS) is seeking nominations for new registered lobbyists are ineligible to
members to represent subsistence users serve on all FACA and non-FACA
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Reservation, Washington; and Spokane
Tribe of the Spokane Reservation, on the following Subsistence Resource boards, committees, or councils in an
Washington. Commissions (SRC): The Aniakchak individual capacity. The term
National Monument SRC, the Cape ‘‘individual capacity’’ refers to
Additional Requestors and Disposition Krusenstern National Monument SRC, individuals who are appointed to
Lineal descendants or representatives the Denali National Park SRC, the Gates exercise their own individual best
of any Indian tribe or Native Hawaiian of the Arctic National Park SRC, the judgment on behalf of the government,
organization not identified in this notice Kobuk Valley National Park SRC, and such as when they are designated
that wish to claim these cultural items the Lake Clark National Park SRC. Special Government Employees, rather
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Document Created: 2018-02-23 10:53:29
Document Modified: 2018-02-23 10:53:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with | |
| FR Citation | 80 FR 46598 |
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