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Federal Register / Vol. 72, No.

100 / Thursday, May 24, 2007 / Notices 29177

Nez Perce Tribe of Idaho; and Wanapum The Burke Museum is responsible for Oregon; Confederated Tribes of the
Band, a non–federally recognized Indian notifying the Confederated Tribes and Warm Springs Reservation of Oregon;
group. Bands of the Yakama Nation, Nez Perce Tribe of Idaho; and Wanapum
Officials of the Burke Museum have Washington; Confederated Tribes of the Band, a non–federally recognized Indian
determined that, pursuant to 25 U.S.C. Colville Reservation, Washington; group.
3001 (3)(B), the 10,857 cultural items Confederated Tribes of the Umatilla Between 1955 and 1957, human
described above are reasonably believed Reservation, Oregon; Confederated remains representing a minimum of 91
to have been placed with or near Tribes of the Warm Springs Reservation individuals were removed from the
individual human remains at the time of of Oregon; Nez Perce Tribe of Idaho; and Congdon site (45–KL–41) in Klickitat
death or later as part of the death rite Wanapum Band, a non–federally County, WA, by a University of
or ceremony and are believed, by a recognized Indian group that this notice Washington Field Party led by Mr.
preponderance of the evidence, to have has been published. Robert B. Butler. The human remains
been removed from a specific burial site were transferred to the Burke Museum
Dated: May 14, 2007
of a Native American individual. and formally accessioned in 1966
Sherry Hutt,
Officials of the Burke Museum also have (Burke Accn.# 1966–100). In 1974, the
Manager, National NAGPRA Program. Burke Museum legally transferred
determined that, pursuant to 25 U.S.C.
[FR Doc. E7–9970 Filed 5–23–07; 8:45 am] portions of the human remains to
3001 (2), there is a relationship of
shared group identity that can be BILLING CODE 4312–50–S Central Washington University. No
reasonably traced between the known individuals were identified. The
unassociated funerary objects and the 1,049 associated funerary objects are 39
DEPARTMENT OF THE INTERIOR abraders, 4 anvils, 5 atlatl weights, 1
Confederated Tribes and Bands of the
Yakama Nation, Washington; bone bi-point, 3 bone tools, 2 bowls, 44
National Park Service chipped stone tools, 204 stone
Confederated Tribes of the Colville
Reservation, Washington; Confederated Notice of Inventory Completion: choppers, 2 fragments of metal ore
Tribes of the Umatilla Reservation, Thomas Burke Memorial Washington (copper and iron), 1 stone core, 201
Oregon; Confederated Tribes of the State Museum, University of stone discoid, 1 stone drill, 2 stone
Warm Springs Reservation of Oregon; Washington, Seattle, WA and Central flakes, 6 stone gravers, 24 grooved
and Nez Perce Tribe of Idaho. Washington University, Department of mauls, 82 groundstone tools, 20
Anthropology, Ellensburg, WA hammerstones, 87 stone mauls, 60
Furthermore, officials of the Burke
mortars, 58 net weights, 1 stone
Museum have determined that there is
AGENCY: National Park Service, Interior. pendant, 38 pestles, 21 piledrivers, 26
a cultural relationship between the
ACTION: Notice. stone points, 47 scrapers, 2 spherical
unassociated funerary objects and the
stones, and 68 utilized flakes.
Wanapum Band, a non–federally Notice is here given in accordance The Congdon site was first discovered
recognized Indian group. with the Native American Graves in the 1930s. In 1955, amateur
Representatives of any other Indian Protection and Repatriation Act archeologists continued to disturb the
tribe that believes itself to be culturally (NAGPRA), 25 U.S.C. 3003, of the site and began locating human remains.
affiliated with the unassociated funerary completion of an inventory of human Mr. Butler also began working at this
objects should contact Dr. Peter Lape, remains and associated funerary objects site at this time. The site was
Burke Museum, University of in the control of the Thomas Burke simultaneously further disturbed by
Washington, Box 353010, Seattle, WA Memorial Washington State Museum bulldozing in preparation for the
98195–3010, telephone (206) 685–2282, (Burke Museum), University of relocation of a railroad. The site was
before June 25, 2007. Repatriation of the Washington, Seattle, WA and Central considered a mass burial with
unassociated funerary objects to the Washington University, Department of complicated stratigraphy, and human
Confederated Tribes of the Colville Anthropology, Ellensburg, WA. The remains commingled and scattered
Reservation, Washington; Confederated human remains and associated funerary throughout making identification of
Tribes of the Umatilla Reservation, objects were removed from Klickitat individual burials impossible. Mr.
Oregon; Confederated Tribes of the County, WA. Butler’s excavations focused on
Warm Springs Reservation of Oregon; This notice is published as part of the salvaging human remains; however, no
Nez Perce Tribe of Idaho; and National Park Service’s administrative provenience was recorded for the
Confederated Tribes and Bands of the responsibilities under NAGPRA, 25 human remains and the excavations
Yakama Nation, Washington, for U.S.C. 3003 (d)(3). The determinations have limited field documentation.
themselves and on behalf of the in this notice are the sole responsibility Early and late published ethnographic
Wanapum Band, a non-federally of the museum, institution, or Federal documentation indicates that this was
recognized Indian group, may proceed agency that has control of the Native the aboriginal territory of the Western
after that date if no additional claimants American human remains and Columbia River Sahaptins, Wasco,
come forward. The Confederated Tribes associated funerary objects. The Wishram, Yakima, Walla Walla,
of the Colville Reservation, Washington; National Park Service is not responsible Umatilla, Tenino, and Skin (Daugherty
Confederated Tribes of the Umatilla for the determinations in this notice. 1973, Hale 1841, Hunn and French
Reservation, Oregon; Confederated A detailed assessment of the human 1998, Stern 1998, French and French
Tribes of the Warm Springs Reservation remains was made by the Burke 1998, Mooney 1896, Murdock 1938, Ray
of Oregon; Nez Perce Tribe of Idaho; and Museum and Central Washington 1936 and 1974, Spier 1936). The
Confederated Tribes and Bands of the University professional staff in descendants of the Western Columbia
Yakama Nation, Washington; and consultation with representatives of the River Sahaptins, Wasco, Wishram,
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Wanapum Band, non–federally Confederated Tribes and Bands of the Yakima, Walla Walla, Umatilla, Tenino,
recognized Indian group, are claiming Yakama Nation, Washington; and Skin are members of the
jointly all cultural items from the Confederated Tribes of the Colville Confederated Tribes and Bands of the
Columbia River area in eastern Reservation, Washington; Confederated Yakama Nation, Washington;
Washington and Oregon. Tribes of the Umatilla Reservation, Confederated Tribes of the Umatilla

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29178 Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Notices

Reservation, Oregon; and Confederated objects and the Wanapum Band, a non– DEPARTMENT OF JUSTICE
Tribes of the Warm Springs Reservation federally recognized Indian group.
of Oregon. Notice of Proposed Settlement
Representatives of any other Indian
Information provided by Agreement Under the Park System
tribe that believes itself to be culturally
representatives of the Confederated Resource Protection Act
Tribes and Bands of the Yakama Nation, affiliated with the human remains and
Washington; Confederated Tribes of the associated funerary objects should Notice is hereby given that the United
Colville Reservation, Washington; contact Dr. Peter Lape, Burke Museum, States Department of Justice, on behalf
Confederated Tribes of the Umatilla University of Washington, Box 353010, of the U.S. Department of the Interior,
Reservation, Oregon; Confederated Seattle, WA 98195–3010, telephone National Park Service (‘‘DOI’’) has
Tribes of the Warm Springs Reservation (206) 685–2282 or Lourdes Henebry- reached a settlement with Robert D.
of Oregon; Nez Perce Tribe of Idaho; and DeLeon, NAGPRA Program Director, McDougal, III, his wife, Anne
Wanapum Band, a non–federally Central Washington University, McDougal, and the vessel Happy Days
recognized Indian group, during Department of Anthropology, Mailstop (in rem) regarding claims for response
consultation indicates that the 7544, Ellensburg, WA 98926, telephone costs and damages under the Park
aboriginal ancestors occupying the site (509) 963–2671, before June 25, 2007. System Resource Protection Act
area were highly mobile and traveled Repatriation of the human remains and (‘‘PSRPA’’), 16 U.S.C. 19jj et seq.
widely across the landscape for associated funerary objects to the The United States’ claim arises from
gathering resources as well as trade, and Confederated Tribes of the Colville the grounding of the vessel ‘‘Happy
are all part of the more broadly defined Reservation, Washington; Confederated Days V’’ in Biscayne National Park on
Plateau cultural community. The Tribes of the Umatilla Reservation, January 29, 1999. The grounding
descendants of these Plateau Oregon; Confederated Tribes of the damaged a shoal, sediment, and the
communities are members of the Warm Springs Reservation of Oregon; associated seagrass community.
Confederated Tribes and Bands of the Pursuant to the Agreement, the United
Nez Perce Tribe of Idaho; and
Yakama Nation, Washington; States will recover $189,963.00.
Confederated Tribes and Bands of the
Confederated Tribes of the Colville The Department of Justice will receive
Reservation, Washington; Confederated Yakama Nation, Washington, for
themselves and on behalf of the for a period of thirty (30) days from the
Tribes of the Umatilla Reservation, date of this publication comments
Oregon; Confederated Tribes of the Wanapum Band, a non–federally
recognized Indian group, may proceed relating to the Settlement Agreement.
Warm Springs Reservation of Oregon; Comments should be addressed to the
Nez Perce Tribe of Idaho; and Wanapum after that date if no additional claimants
come forward. The Confederated Tribes Assistant Attorney General,
Band, a non–federally recognized Indian Environmental and Natural Resources
group. of the Colville Reservation, Washington;
Division, and either e-mailed to
Officials of the Burke Museum and Confederated Tribes of the Umatilla
pubcomment-ees.enrd@usdoj.gov or
Central Washington University have Reservation, Oregon; Confederated
mailed to P.O. Box 7611, U.S.
determined that, pursuant to 25 U.S.C. Tribes of the Warm Springs Reservation Department of Justice, Washington, DC
3001 (9–10), the human remains of Oregon; Nez Perce Tribe of Idaho; and 20044–7611, and should refer to the
described above represent the physical Confederated Tribes and Bands of the Settlement Agreement between the
remains of 91 individuals of Native Yakama Nation, Washington; and
American ancestry. Officials of the United States and the McDougals, D.J.
Wanapum Band, non–federally Ref. 90–5–1–1–07746.
Burke Museum and Central Washington recognized Indian group, are claiming
University also have determined that, The proposed Settlement Agreement
jointly all cultural items from the may be examined at Biscayne National
pursuant to 25 U.S.C. 3001 (3)(A), the Columbia River area in eastern
1,049 objects described above are Park, 9700 SW., 328th St., Homestead,
Washington and Oregon. FL 33033, and at the Department of the
reasonably believed to have been placed
with or near individual human remains The Burke Museum is responsible for Interior, Office of the Solicitor,
at the time of death or later as part of notifying the Confederated Tribes and Southeast Regional Office, Richard B.
the death rite or ceremony. Lastly, Bands of the Yakama Nation, Russell Federal Building, 75 Spring
officials of the Burke Museum and Washington; Confederated Tribes of the Street, SW., Atlanta, Georgia 30303.
Central Washington University have Colville Reservation, Washington; During the public comment period, the
determined that, pursuant to 25 U.S.C. Confederated Tribes of the Umatilla Settlement Agreement may also be
3001 (2), there is a relationship of Reservation, Oregon; Confederated examined on the following Department
shared group identity that can be Tribes of the Warm Springs Reservation of Justice Web site, http://
reasonably traced between the Native of Oregon; Nez Perce Tribe of Idaho; and www.usdoj.gov/enrd/
American human remains and Wanapum Band, a non–federally Consent_Decrees.html. A copy of the
associated funerary objects and the recognized Indian group that this notice Settlement Agreement may also be
Confederated Tribes and Bands of the obtained by mail from the Consent
has been published.
Yakama Nation, Washington; Decree Library, P.O. Box 7611, U.S.
Confederated Tribes of the Colville Dated: May 14, 2007 Department of Justice, Washington, DC
Reservation, Washington; Confederated Sherry Hutt, 20044–7611 or by faxing or e-mailing a
Tribes of the Umatilla Reservation, Manager, National NAGPRA Program. request to Tonia Fleetwood
Oregon; Confederated Tribes of the [FR Doc. E7–9971 Filed 5–23–07; 8:45 am] (tonia.fleetwood@usdoj.gov), fax no.
Warm Springs Reservation of Oregon; (202) 514–0097, phone confirmation
BILLING CODE 4312–50–S
and Nez Perce Tribe of Idaho. number (202) 514–1547. In requesting a
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Furthermore, officials of the Burke copy from the Consent Decree Library,
Museum and Central Washington please enclose a check in the amount of
University have determined that there is $2.75 (25 cents per page reproduction
a cultural relationship between the cost) payable to the U.S. Treasury or, if
human remains and associated funerary by e-mail or fax, forward a check in that

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