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Federal Register / Vol. 71, No.

160 / Friday, August 18, 2006 / Notices 47829

Dated: July 7, 2006. wife as the original caretaker. The stone 685–2282, before September 18, 2006.
Sherry Hutt, T’ixwelatsa was placed in front of the Repatriation of the object of cultural
Manager, National NAGPRA Program. longhouse and cared for by the patrimony to the Nooksack Indian Tribe
[FR Doc. E6–13686 Filed 8–17–06; 8:45 am] descendants of T’ixwelatsa. At an of Washington may proceed after that
BILLING CODE 4312–50–S
unknown date, one of the subsequent date if no additional claimants come
caretakers married into the neighboring forward.
Sumas tribe and took the stone with her The Burke Museum is responsible for
DEPARTMENT OF THE INTERIOR as part of her continuing caretaking notifying the Nooksack Indian Tribe of
responsibilities. Washington that this notice has been
National Park Service The cultural item is believed to have published.
been removed from the Fraser Plains, Dated: July 24, 2006
Notice of Intent to Repatriate a Cultural near Sumas, Whatcom County, WA, in Sherry Hutt,
Item: Thomas Burke Memorial 1892. It was donated to the museum by
Manager, National NAGPRA Program.
Washington State Museum, University the Young Naturalist Society (Burke
of Washington, Seattle, WA [FR Doc. E6–13690 Filed 8–17–06; 8:45 am]
Accn. # 190). At the time of removal
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from the Fraser Plains, the cultural item
AGENCY: National Park Service, Interior. was considered inalienable by a single
ACTION: Notice. individual and was removed without
DEPARTMENT OF THE INTERIOR
the permission of the caretaker or
Notice is here given in accordance
Tixwelatsa’s descendants. National Park Service
with the Native American Graves The Nooksack Indian Tribe of
Protection and Repatriation Act Washington is considered a member of
(NAGPRA), 25 U.S.C. 3005, of the intent Notice of Receipt of Application for
the broader Chilliwack community, Telecommunication Site
to repatriate a cultural item in the which includes both American and
possession of the Thomas Burke Canadian Chilliwack communities. Ties AGENCY: National Park Service, Glen
Memorial Washington State Museum between the Chilliwack communities Canyon National Recreation Area,
(Burke Museum), University of were artificially divided by the creation Interior.
Washington, Seattle, WA, that meets the of the United States and Canadian ACTION: Notice.
definition of ‘‘object of cultural border in 1858. Despite this separation,
patrimony’’ under 25 U.S.C. 3001. SUMMARY: (Authority: 47 U.S.C. 332 note
the Nooksack continue to maintain a
This notice is published as part of the (Telecommunications Act of 1996
strong relationship with the Canadian
National Park Service’s administrative section 704(c)); 16 U.S.C. 5; other
Chilliwack community. The ‘‘Stone
responsibilities under NAGPRA, 25 applicable authorities and Director’s
T’ixwelatsa’’ is culturally affiliated with
U.S.C. 3003 (d)(3). The determinations the Nooksack Indian Tribe of Order 53) Glen Canyon National
in this notice are the sole responsibility Washington, as part of the Chilliwack Recreation Area has received an
of the museum, institution, or Federal community, based on religious, application from Comment Four
agency that has control of the cultural geographic, kinship, and oral history Corners, LLC, to install and operate a
item. The National Park Service is not information presented by the tribe. wireless (cellular) telephone system.
responsible for the determinations in Evidence submitted during consultation The location of the proposed
this notice. supports the central importance of this telecommunication site is at the
The cultural item is a large stone cultural item to the cultural identity of Defiance House Lodge at Bullfrog, Utah.
sculpture (Burke catalog #152), referred the Nooksack Indian Tribe of DATES: Comments on this proposal can
to by the Chilliwack community, which Washington and broader Chilliwack be mailed to the address shown below
includes the Nooksack people, as the community. The cultural item is and must be received within 30 days of
‘‘Stone T’ixwelatsa.’’ The sculpture has considered collective property of the the publication of this notice in the
anthropomorphic and zoomorphic Chilliwack community and serves as a Federal Register. Our practice is to
features carved and pecked into the significant part of the cultural model for make comments, including names,
stone. The head includes large eyes and education. home addresses, home phone numbers,
an open mouth with exaggerated lips. Officials of the Burke Museum have and email addresses of respondents,
The main body of the figure appears to determined that, pursuant to 25 U.S.C. available for public review. Individual
be seated with flexed arms and legs. A 3001 (3)(D), the cultural item described respondents may request that we
ridge with six protruding grooves is above has an ongoing historical, withhold their names and/or home
present on the back of the figure, and a traditional, or cultural importance addresses, etc., but if you wish us to
small circular depression is present on central to the Native American group or consider withholding this information
the top of the head. The figure weighs culture itself, rather than property you must state this prominently at the
over 100 pounds. owned by an individual. Officials of the beginning of your comments. In
According to Chilliwack and Burke Museum also have determined addition, you must present a rationale
Nooksack oral history, T’ixwelatsa was that, pursuant to 25 U.S.C. 3001 (2), for withholding this information. This
a man turned into stone by the there is a relationship of shared group rationale must demonstrate that
transformer Xa:ls. T’ixwelatsa was the identity that can be reasonably traced disclosure would constitute a clearly
first male ancestor of the Chilliwack between the object of cultural patrimony unwarranted invasion of privacy.
community. The Chilliwack historically and the Nooksack Indian Tribe of Unsupported assertions will not meet
spoke a Nooksack related language. The Washington. this burden. In the absence of
Chilliwack share a common ancestry Representatives of any other Indian exceptional, documentable
jlentini on PROD1PC65 with NOTICES

and cultural connection with the tribe that believes itself to be culturally circumstances, this information will be
Nooksack. The sculpture is considered a affiliated with the object of cultural released. We will always make
transformation object that holds the patrimony should contact Dr. Peter submissions from organizations or
spirit of T’ixwelatsa, and Xa:ls gave the Lape, Burke Museum, Box 353010, businesses, and from individuals
transformed stone form to T’ixwelatsa’s Seattle, WA 98195, telephone (206) identifying themselves as

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