64562 Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Notices 

Seattle, WA 98195–3010, telephone 

(206) 685–2282, before December 4, 

2006. Repatriation of the human 

remains and associated 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; Confederated Tribes of the 

Colville Reservation, Washington; 

Confederated Tribes of the Umatilla 

Reservation, Oregon; and Confederated 

Tribes of the Warm Springs Reservation 

of Oregon that this notice has been 

published. 

Dated: September 28, 2006 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E6–18479 Filed 11–1–06; 8:45 am] 

BILLING CODE 4312–50–S 

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. 

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] 

BILLING CODE 4312–50–S 

DEPARTMENT OF JUSTICE 

Justice Management Division; No 

FEAR Act Notice 

AGENCY: Justice Management Division, 

Department of Justice. 

mstockstill on PROD1PC61 with NOTICES

Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Notices 64563 

ACTION: Notice. 

SUMMARY: This notice fulfills the 

Department of Justice’s ‘‘No FEAR Act 

Notice’’ Federal Register publication 

obligations, as required by the Act and 

by the Office of Personnel Management 

implementing regulations at 5 CFR 

724.202. 

DATES: This notice is effective 

November 2, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Marcus Williams, Acting Director, Equal 

Employment Opportunity Staff, 

Department of Justice, Suite 10001, 1425 

New York Avenue, NW., Washington, 

DC 20530. Telephone: (202) 616–4800. 

SUPPLEMENTARY INFORMATION: On May 

15, 2002, Congress enacted the 

‘‘Notification and Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002’’ which is now known as the No 

FEAR Act. One purpose of the Act is to 

‘‘require that Federal agencies be 

accountable for violations of 

antidiscrimination and whistleblower 

protection laws.’’ Public Law 107–174. 

In support of this purpose, Congress 

found that ‘‘agencies cannot be run 

effectively if those agencies practice or 

tolerate discrimination.’’ Public Law 

107–174, Title I, General Provisions, 

section 101(1). 

The Act also requires Federal 

agencies, including the Department of 

Justice (‘‘DOJ’’), to provide this notice to 

Federal employees, former Federal 

employees and applicants for Federal 

employment to inform you of the rights 

and protections available to you under 

Federal antidiscrimination and 

whistleblower protection laws. 

Antidiscrimination Laws 

The Department of Justice cannot 

discriminate against an employee or 

applicant for Federal employment with 

respect to the terms, conditions or 

privileges of employment on the basis of 

race, color, religion, sex, national origin, 

age, disability, marital status or political 

affiliation. Discrimination on these 

bases is prohibited by one or more of the 

following statutes: 5 U.S.C. 2302(b)(1), 

29 U.S.C. 206(d), 29 U.S.C. 631, 29 

U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 

2000e–16. If you believe that you have 

been the victim of unlawful 

discrimination on the basis of race, 

color, religion, sex, national origin or 

disability, you must contact an Equal 

Employment Opportunity (EEO) 

counselor within 45 calendar days of 

the alleged discriminatory action, or, in 

the case of a personnel action, within 45 

calendar days of the effective date of the 

action, before you can file a formal 

complaint of discrimination with your 

agency. See, e.g., 29 CFR part 1614. If 

you believe that you have been the 

victim of unlawful discrimination on 

the basis of age, you must either contact 

an EEO counselor, as noted above, or 

give notice of intent to sue to the Equal 

Employment Opportunity Commission 

(EEOC) within 180 calendar days of the 

alleged discriminatory action. If you are 

alleging discrimination based on marital 

status or political affiliation, you may 

file a written complaint with the U.S. 

Office of Special Counsel (OSC) (see 

contact information below). In the 

alternative (or in some cases, in 

addition), you may pursue a 

discrimination complaint by filing a 

grievance through the DOJ’s 

administrative or negotiated grievance 

procedures, if such procedures apply 

and are available. 

Whistleblower Protection Laws 

A DOJ employee with authority to 

take, direct others to take, recommend 

or approve any personnel action must 

not use that authority to take or fail to 

take, or threaten to take or fail to take, 

a personnel action against an employee 

or applicant because of disclosure of 

information by that individual that is 

reasonably believed to evidence 

violations of law, rule or regulation; 

gross mismanagement; gross waste of 

funds; an abuse of authority; or a 

substantial and specific danger to public 

health or safety, unless disclosure of 

such information is specifically 

prohibited by law and such information 

is specifically required by Executive 

Order to be kept secret in the interest of 

national defense or the conduct of 

foreign affairs. 

Retaliation against an employee or 

applicant for making a protected 

disclosure is prohibited by 5 U.S.C. 

2302(b)(8). If you believe that you have 

been the victim of whistleblower 

retaliation, you may file a written 

complaint (Form OSC–11) with the U.S. 

Office of Special Counsel at 1730 M 

Street, NW., Suite 218, Washington, DC 

20036–4505 or online through the OSC 

Web site—http://www.osc.gov. 

Retaliation for Engaging in Protected 

Activity 

The DOJ cannot retaliate against an 

employee or applicant for employment 

because that individual exercises his or 

her rights under any of the Federal 

antidiscrimination or whistleblower 

protection laws listed above. If you 

believe that you are the victim of 

retaliation for engaging in protected 

activity, you must follow, as 

appropriate, the procedures described in 

the Antidiscrimination Laws and 

Whistleblower Protection Laws sections 

or, if applicable, the administrative or 

negotiated grievance procedures in 

order to pursue any legal remedy. 

Disciplinary Actions 

Under the existing laws, the DOJ 

retains the right, where appropriate, to 

discipline an employee for conduct that 

is inconsistent with Federal 

Antidiscrimination and Whistleblower 

Protection Laws up to and including 

removal. If OSC has initiated an 

investigation under 5 U.S.C. 1214, 

however, according to 5 U.S.C. 1214(f), 

the DOJ must seek approval from the 

Special Counsel to discipline employees 

for, among other activities, engaging in 

prohibited retaliation. Nothing in the No 

FEAR Act alters existing laws or permits 

the DOJ to take unfounded disciplinary 

action against a Federal employee or to 

violate the procedural rights of a Federal 

employee who has been accused of 

discrimination. 

Additional Information 

For further information regarding the 

No FEAR Act regulations, refer to 5 CFR 

part 724, as well as the Equal 

Employment Opportunity Staff at the 

Department of Justice. Additional 

information regarding Federal 

antidiscrimination, whistleblower 

protection and retaliation laws can be 

found at the EEOC Web site—http:// 

www.eeoc.gov and the OSC Web site—

http://www.osc.gov. 

Existing Rights Unchanged 

Pursuant to section 205 of the No 

FEAR Act, neither the Act nor this 

notice creates, expands or reduces any 

rights otherwise available to any 

employee, former employee or applicant 

under the laws of the United States, 

including the provisions of law 

specified in 5 U.S.C. 2302(d). 

Dated: October 16, 2006. 

Lee J. Lofthus, 

Acting Assistant Attorney General for 

Administration. 

[FR Doc. 06–9022 Filed 11–1–06; 8:45 am] 

BILLING CODE 4410–NW–M 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

Annual Determination of Average Cost 

of Incarceration 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Notice. 

SUMMARY: The fee to cover the average 

cost of incarceration for Federal inmates 

in Fiscal Year 2005 was $20,842. 

mstockstill on PROD1PC61 with NOTICES