[Federal Register Volume 71, Number 212 (Thursday, November 2, 2006)]
[Notices]
[Page 64562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18482]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent To Repatriate Cultural Items: Thomas Burke 
Memorial Washington State Museum, University of Washington, Seattle, WA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    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 in the possession of the Thomas Burke 
Memorial Washington State Museum (Burke Museum), University of 
Washington, Seattle, 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 cultural 
items. The National Park Service is not responsible for the 
determinations in this notice.
    The 1,549 cultural items are 1 copper ore, 5 abalone shell gorgets, 
5 shell pendants, 2 shell fragments, 1 steatite pipe, 2 points, 1,530 
beads, 1 basketry fragment with leather, 1 iron spear, and 1 iron 
axehead.
    Between 1950 and 1960, Dr. Harold Bergen, an avocational 
archeologist, collected funerary objects from the Bergen site 
20, along the foot of a rocky bluff outside of Selah, Yakima 
County, WA. Ten burials were found in a flexed position with stones 
placed on the human remains. The human remains were in a fragile 
condition and were not collected with the exception of two crania. The 
crania were not accessioned by the Burke Museum and the whereabouts of 
the two individuals are unknown. In 1989, the unassociated funerary 
objects were donated to the Burke Museum (Burke Accession 
1989-57). The 1,546 unassociated funerary objects are 1 copper 
ore, 5 abalone shell gorgets, 5 shell pendants, 2 shell fragments, 1 
steatite pipe, 2 points, and 1,530 beads.
    Ethnographic and archeological evidence indicates that rockslide 
burials in talus slopes were customary burial practices of the Yakama. 
It was also customary for the Yakama to bury individuals with many of 
their personal belongings. The burial practices and funerary objects 
are consistent with practices of the Confederated Tribes and Bands of 
the Yakama Nation, Washington. Selah is within the aboriginal territory 
of the Confederated Tribes and Bands of the Yakama Nation, Washington 
and within the land claims boundaries of Indian Claims Commission 
decisions (12 ICC 301 (1963); 7 ICC 794 (1959)).
    In 1995, one cultural item was accessioned by the museum when it 
was found in collections (Burke Accession 1995-64). The 
circumstances surrounding how the cultural item came into Burke Mueum's 
collection is unknown. According to museum documentation, the cultural 
item was collected from a burial immediately south of Priest Rapids 
Dam, Yakima County, WA. The one unassociated funerary object is a 
fragment of leather attached to a basketry fragment. Museum 
documentation includes a note indicating it was from the Earnest Combes 
Collection, that copper was also found with the burial, and the human 
remains were those of a child. The human remains and copper are not 
located at the Burke Museum and no further information could be 
located.
    Ethnographic and archeological data suggests that deceased Yakama 
people were commonly wrapped in buckskin, blankets, and tule mats in 
preparation for burial. The leather and basketry fragments are 
consistent with this information. Priest Rapids Dam is within the 
aboriginal territory of the Confederated Tribes and Bands of the Yakama 
Nation, Washington.
    In 1896, two cultural items were acquired through trade with the 
Hudson Bay Company by Dr. R.E Stewart. According to museum 
documentation, the cultural items were found on a grave and are from 
Satus Creek, WA. In 1905, the cultural items were donated to the Burke 
Museum (Burke Accession 40). The two unassociated funerary 
objects are one iron spear and one iron axe head.
    The two cultural items are consistent with other funerary objects 
known to be associated with Yakama burials. The Se'tas-lema and Lower 
Yakama bands were the groups ethnographically noted to have occupied 
the Satus Creek area. Satus Creek is within the aboriginal territory of 
the Confederated Tribes and Bands of the Yakama Nation, Washington. 
Satus Creek falls within the lands ceded in the Yakama Treaty of 1855.
    Officials of the Burke Museum have determined that, pursuant to 25 
U.S.C. 3001 (3)(B), the cultural items 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. Officials 
of the Burke Museum also have determined that, pursuant to 25 U.S.C. 
3001 (2), there is a relationship of shared group identity that can be 
reasonably traced between the 1,549 unassociated funerary objects and 
the Confederated Tribes and Bands of the Yakama Nation, Washington.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Dr. Peter Lape, Burke Museum, University of Washington, Box 
353010, Seattle, WA 98195-3010, telephone (206) 685-2282, before 
December 4, 2006. Repatriation of the unassociated funerary objects to 
the Confederated Tribes and Bands of the Yakama Nation, Washington may 
proceed after that date if no additional claimants come forward.
    The Burke Museum is responsible for notifying the Confederated 
Tribes and Bands of the Yakama Nation, Washington that this notice has 
been published.

    Dated: September 28, 2006
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E6-18482 Filed 11-1-06; 8:45 am]
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