FR Doc E8-23962[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]               
[Page 59654-59655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc08-116]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Intent to Repatriate Cultural Items: U.S. Department of 
Agriculture, Forest Service Kootenai National Forest, Libby, MT

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 U.S. Department 
of Agriculture, Forest Service, Kootenai National Forest, Libby, MT, 
that meet the definition of ``objects of cultural patrimony'' 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.
    In the mid-1970s, objects of cultural patrimony were removed from a 
documented traditional cultural property located in Lincoln County, MT. 
The removal was an illegal action by a private citizen. In 1979, the 
private citizen turned the collection over to the University of 
Montana, Missoula, MT. In 1995, in consultation with the Confederated 
Salish & Kootenai Tribes of the Flathead Reservation, Montana, the 
Kootenai National Forest secured the collection through the 
relinquishment of ownership by the University of Montana. The 560 
cultural items consist of various modified artifacts, such as scrapers, 
bone beads, shells, tools, and animal teeth.
    The site area is within the aboriginal and traditional territory of 
the Kootenai Tribe, as demonstrated by oral histories of the Kootenai 
Elders, Hellgate Treaty of 1855, several ethnographies, ethno 
histories, historic newspapers, and the United States Court of Claims. 
During consultation, the Kootenai Tribe explained how the materials are 
associated with the Kootenai Tribe's culture, and are central to the 
tribe and its traditions. The cultural items are also communal 
property, as they were considered inalienable at the time of their 
removal, and cannot be alienated, appropriated, or conveyed by any 
individual. Based on consultation evidence presented by the Kootenai 
Tribe, the Forest Service has determined the cultural items meet the 
definition of objects of cultural patrimony under NAGPRA. Based on 
consultation, ethnographic evidence, and historic documents, the Forest 
Service has determined that the cultural items are culturally 
affiliated with the Kootenai Tribe. Descendants of the Kootenai Tribe 
are members of the Confederated Salish & Kootenai Tribes of the 
Flathead Indian Reservation, Montana.
    Officials of the Forest Service have determined that, pursuant to 
25 U.S.C. 3001 (3)(D), the 560 cultural items described above have 
ongoing historical, traditional, or cultural importance central to the 
Native American group or

[[Page 59655]]

culture itself, rather than property owned by an individual. Officials 
of the Forest Service 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 objects of cultural patrimony and the 
Confederated Salish & Kootenai Tribes of the Flathead Indian 
Reservation, Montana.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the objects of cultural patrimony should 
contact Paul Bradford, Forest Supervisor, United States Department of 
Agriculture, Forest Service, Kootenai National Forest, 1101 Highway 2 
West, Libby, MT 59923, telephone (406) 293-6211, before November 10, 
2008. Repatriation of the objects of cultural patrimony to the 
Confederated Salish & Kootenai Tribes of the Flathead Indian 
Reservation, Montana may proceed after that date if no additional 
claimants come forward.
    The Kootenai National Forest is responsible for notifying the 
Confederated Salish & Kootenai Tribes of the Flathead Indian 
Reservation, Montana that this notice has been published.

    Dated: September 16, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8-23962 Filed 10-8-08; 8:45 am]

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