SUPPLEMENTARY INFORMATION:

This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Diablo Valley College, and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.

Abstract of Information Available

A total of eight cultural items have been requested for repatriation. Of those cultural items, one is currently missing. The one unassociated funerary object and the seven objects of cultural patrimony are one lot of beads, three water bottles (jugs), three cradleboards, and a winnowing tray. On an unknown date, the beads were removed from Independence, California and were later donated to Diablo Valley College. The three water bottles (jugs), three cradleboards, and one winnowing tray were removed from unknown locations in Nevada between 1985 and 1906 and were documented as being Paiute. On an unknown date, the seven items were donated to Diablo Valley College by a donor named McLaurin.

Statement From Sean Scruggs, Tribal Historic Preservation Officer for the Fort Independence Indian Reservation in Eastern California

My Tribe, like most, is living in a real-life dystopian future that, if predictable, is unlike imaginable reality. My mission is to address the horrors and reality of genocide, restore balance to our culture and heal generational trauma by learning about my history and relationship to the past. In the Zack Hemsey song, “Nice to Meet Me,” there are phrases that fit my journey to bring ancestors and their belongings home to our people and our lands.

One tribal perspective is that ancestors and their belongings, currently still in institutions, are “living beings and objects” that were stolen, sold under duress and/or, in a sense, kidnapped from culture. It is debatable whether any institution can legally possess or control our ancestors, or their belongings if taken against their will or, in most cases, without consent.

Consultation is still necessary and critical to ensure that ancestors and their belongings go home in the best way possible, but the legal construct does not address cultural values and beliefs related to the repatriation process.

It is distressing to know that the term “unknown” is part of inventory listings. Tribal Cultural Resources (TCR's), in this case: baskets and cradle boards, know every moment of their story beginning that started with careful thought, prayer and intentional design. The knowledge continues to “live” in the item itself, therefore all these belongings still have life in them. For instance, the cradle boards have heard laughter, cries and the names of the people who used them.

Although their history may remain “unknown” to us at this moment, it is important to know that their “retained knowledge” is still with the ancestor or their belongings.

In the natural setting, our ancestors would be at peace on the Traditional Cultural Landscape and their belongings either passed to a relative in life or sent with them as part of funeral rite or ceremony.

The delay in NAGPRA from the 1990's resulted in missed opportunities and prevented elders from using their knowledge needed to complete this work that is long overdue. It is an honor to learn and complete this work in their place continually guided by their spirit and voices of the past.

It is also critical to acknowledge the countless tribal and non-tribal professionals across the nation working tirelessly and respectfully to complete the repatriation mission. It is impossible for me to complete this work without their full dedication and support.

Determinations

Diablo Valley College has determined that:

• The one unassociated funerary objects described in this notice are reasonably believed to have been placed intentionally with or near human remains, and are connected, either at the time of death or later as part of the death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. The unassociated funerary objects have been identified by a preponderance of the evidence as related to human remains, specific individuals, or families, or removed from a specific burial site or burial area of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization.
• The seven objects of cultural patrimony described in this notice have ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization.
• There is a connection between the cultural items described in this notice and the Fort Independence Indian Community of Paiute Indians of the Fort Independence Reservation, California.

Requests for Repatriation

Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under ADDRESSES . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.

Repatriation of the cultural items in this notice to a requestor may occur on or after September 14, 2026. If competing requests for repatriation are received, Diablo Valley College must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. Diablo Valley College is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.

Authority: Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.

91 FR 52346