Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices 51561

SUMMARY: This notice terminates the entirety for the subject land, which is Authority: 43 CFR 2461.5(c)(2); 43 CFR existing classifications in their entirety described as follows: 2091.2–2. or in part for public lands at three 6th Principal Meridian Donald A. Simpson, locations that were classified as suitable State Director. for lease/disposal under the Recreation T. 33 N., R. 109 W., Sec. 5, lots 5 to 9, inclusive; [FR Doc. 2012–20895 Filed 8–23–12; 8:45 am] and Public Purposes (R&PP) Act. Sec. 6, lots 9 and 12. Additionally, this notice opens these BILLING CODE 4310–22–P The area described contains 283.17 acres in public lands to the operation of the Sublette County. public land laws generally, including DEPARTMENT OF THE INTERIOR the 1872 Mining Law. The classification In the Federal Register on August 23, termination and opening order will 2006 (71 FR 49472), the BLM classified Bureau of Land Management affect a total of 333.17 acres of public 40 acres of public land under its lands within Sublette County, jurisdiction as suitable for lease/ [LLIDB00100 LF1000000.HT0000 Wyoming. disposal pursuant to the R&PP Act (44 LXSS020D0000 4500034792] DATES: The effective date is August 24, Stat. 741), as amended, and 43 CFR Notice of Temporary Restriction Order 2012. 2741.5. Upon classification, the BLM for Skinny Dipper Hot Springs, Boise patented 30 of the 40 acres to Sublette FOR FURTHER INFORMATION CONTACT: County, ID County for the construction, operation, Tracy Hoover, Realty Specialist, BLM and maintenance of a county shop AGENCY: Bureau of Land Management, Pinedale Field Office, 1625 West Pine under BLM Serial Number WYW– Interior. Street, P.O. Box 768, Pinedale, 163855. Wyoming 82941, 307–367–5342. ACTION: Notice of Temporary Restriction. SUPPLEMENTARY INFORMATION: On Pursuant to 43 CFR 2091.2–2 and October 26, 1999, the Bureau of Land 2461.5(c), and upon publication of this notice in the Federal Register, the BLM SUMMARY: This serves as notice of a Management (BLM) published a notice sunset-to-sunrise recreational use in the Federal Register announcing that is terminating the classification of the remaining 10 acres in its entirety for the restriction of Skinny Dipper Hot Springs it had classified 40 acres of public land is in effect on public lands administered under its jurisdiction as suitable for subject land, which is described as follows: by the Four Rivers Field Office, Bureau lease pursuant to the R&PP Act (44 Stat. of Land Management. 741), as amended, and 43 CFR 2741.5 6th Principal Meridian DATES: The restriction will be in effect (64 FR 57649). Upon classification, the T. 30 N., R. 111 W., on the date this notice is published in BLM leased the land to Sublette County Sec. 17, SE1⁄4NE1⁄4SE1⁄4; the Federal Register and will remain in for the construction, operation, and The area contains 10 acres in Sublette effect for two years or until rescinded or maintenance of a recreation site under County. modified by the authorized officer or BLM Serial Number WYW–82504. This The three areas described aggregate 333.17 designated Federal officer. lease expired at Sublette County’s acres in Sublette County. FOR FURTHER INFORMATION CONTACT: request on June 20, 2011. Pursuant to 43 CFR 2091.2–2 and At 8:30 a.m. on September 24, 2012, Terry Humphrey, Four Rivers Field 2461.5(c), and upon publication of this the 333.17 acres of public lands Manager, at 3948 Development Avenue, described above will be opened to Boise, Idaho 83705, via email at notice in the Federal Register, the BLM _ is terminating the classification in its operation of public land laws generally, terry [email protected], or phone entirety for the subject land, which is subject to valid existing rights, the 208–384–3430. Persons who use a described as follows: provisions of existing withdrawals, and telecommunications device for the deaf the requirements of applicable law. All (TDD) may call the Federal Information 6th Principal Meridian valid existing applications received at or Relay Service (FIRS) at 1–800–877–8339 T. 34 N., R. 110 W., prior to 8:30 a.m. on September 24, to contact the above individuals during Sec. 24, NE1⁄4NE1⁄4. 2012, will be considered as normal business hours. The FIRS is The area described contains 40 acres in simultaneously filed at that time. Those available 24 hours a day, seven days a Sublette County. received thereafter will be considered in week, to leave a message or question In the Federal Register on August 23, the order of filing. with the above individuals. You will 2006 (71 FR 49472), as corrected on At 8:30 a.m. on September 24, 2012, receive a reply during normal hours. October 13, 2006 (71 FR 60566), the the 333.17 acres of public lands SUPPLEMENTARY INFORMATION: The BLM classified 283.17 acres of public described above will be opened to parking area adjacent to the Banks- land under its jurisdiction as suitable location and entry under the United Lowman Highway near mile post 4, the for lease pursuant to the R&PP Act (44 States mining laws. Appropriation trail from the parking area to Skinny Stat. 741), as amended, and 43 CFR under the general mining laws prior to Dipper Hot Springs, and the public 2741.5. Upon classification, the BLM the date and time of restoration is lands in Lot 3, Section 25, T. 9 N., R.3 leased the land to Sublette County for unauthorized. Any such attempted E., Boise Meridian, Boise County, Idaho, the construction, operation, and appropriation, including attempted are closed from sunset to sunrise each maintenance of a public golf course adverse possession under 30 U.S.C. Sec. day. The restriction will help provide under BLM Serial Number WYW– 38, shall vest no rights against the for public safety, which is currently at 163849. On December 12, 2011, Sublette United States. Acts required to establish high risk. Between 2004 and present County requested the lease be a location and to initiate a right of there have been at least two fatalities, terminated, and the BLM accepted the possession are governed by State law several assaults, and numerous injuries termination. where not in conflict with Federal law. associated with nighttime use of the Pursuant to 43 CFR 2091.2–2 and The BLM will not intervene in disputes area. Due to its location, public safety 2461.5(c), and upon publication of this between rival locators over possessory officers and the public do not have notice in the Federal Register, the BLM rights since Congress has provided for cellular phone or radio access, which is terminating the classification in its such determination in local courts. adds to concerns regarding night-time

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use. In addition, bio-hazardous SUMMARY: The U.S. Department of Sinagua site, comprised of a pueblo, materials (e.g., discarded hypodermic Agriculture (USDA), Forest Service, pithouses, and outlier pueblos, which needles, human feces) are commonly Coconino National Forest, in were occupied in the second half of the found in the area. The hot springs flow consultation with the appropriate 13th and the first quarter of the 14th into the South Fork Payette River, Indian tribe, has determined that the centuries A.D. The records at the which creates the potential for cultural items meet the definition of Natural History Museum of Utah and environmental contamination. Many unassociated funerary objects and the Smithsonian Institution indicate secondary effects associated with the repatriation to the Indian tribe stated that these four cultural items were primary activities are causing direct below may occur if no additional removed from a burial context and that resource harm. These impacts include claimants come forward. the human remains were either left in trash (glass, cans, food), construction of Representatives of any Indian tribe that the ground or are not locatable at the unauthorized structures, and damage/ believes itself to be culturally affiliated present time. Continuities among the removal of vegetation. with the cultural items may contact the ethnographic materials in the Flagstaff The BLM will post signs at main entry USDA, Forest Service, Southwestern area of north central Arizona indicate points to the closed area and/or other Region. that the Northern Sinagua sites in that locations on-site. This restriction will be DATES: Representatives of any Indian area are affiliated with the Hopi Tribe, posted in the Four Rivers Field Office, tribe that believes it has a cultural Arizona. In addition, oral traditions Boise District BLM. Maps of the affected affiliation with the cultural items presented by representatives of the Hopi area and other documents associated should contact the USDA, Forest Tribe support their claims of cultural with this restriction are available at Service, Southwestern Region at the affiliation with Northern Sinagua sites 3948 Development Avenue, Boise, Idaho address below by September 24, 2012. in this portion of north central Arizona. 83705. Under the authority of Section ADDRESSES: Dr. Frank E. Wozniak, Determinations Made by the USDA, 303(a) of the Federal Land Policy and NAGPRA Coordinator, Southwestern Forest Service, Southwestern Region Management Act of 1976 (43 U.S.C. Region, USDA, Forest Service, 333 1733(a)), 43 CFR 8360.0–7, and 43 CFR Broadway Blvd. SE., Albuquerque, NM Officials of the USDA, Forest Service, 8364.1, the Bureau of Land Management 87102, telephone (505) 842–3238. Southwestern Region and the Coconino will enforce the following rule within SUPPLEMENTARY INFORMATION: Notice is National Forest have determined that: the Skinny Dipper Hot Springs use • restriction: here given in accordance with the Pursuant to 25 U.S.C. 3001(3)(B), You must not be in the closed area Native American Graves Protection and the four cultural items described above between sunset and sunrise. Repatriation Act (NAGPRA), 25 U.S.C. are reasonably believed to have been Exemptions: The following persons 3005, of the intent to repatriate cultural placed with or near individual human are exempt from this order: Federal, items located at the Natural History remains at the time of death or later as State, and local officers and employees Museum of Utah and under the control part of the death rite or ceremony and in the performance of their official of the Coconino National Forest that are believed, by a preponderance of the duties; members of organized rescue or meet the definition of unassociated evidence, to have been removed from a firefighting forces in the performance of funerary objects under 25 U.S.C. 3001. specific burial site of a Native American This notice is published as part of the their official duties; and persons with individual. National Park Service’s administrative written authorization from the Bureau of • Pursuant to 25 U.S.C. 3001(2), there responsibilities under NAGPRA, 25 Land Management. is a relationship of shared group U.S.C. 3003(d)(3). The determinations in Penalties: Any person who violates identity that can be reasonably traced this notice are the sole responsibility of the above rule may be tried before a between the unassociated funerary the museum, institution, or Federal United States Magistrate and fined no objects and the Hopi Tribe, Arizona. agency that has control of the Native more than $1,000, imprisoned for no American cultural items. The National Additional Requestors and Disposition more than 12 months, or both. Violators Park Service is not responsible for the may also be subject to the enhanced determinations in this notice. Representatives of any other Indian fines provided for in 18 U.S.C. 3571. tribe that believes itself to be culturally Authority: 43 CFR 8364.1. History and Description of the Cultural affiliated with the unassociated funerary Items objects should contact Dr. Frank E. Steven A. Ellis, In 1926, four unassociated funerary Wozniak, NAGPRA Coordinator, Idaho State Director. objects [Catalogue #s 10876, 10877, Southwestern Region, USDA, Forest [FR Doc. 2012–20893 Filed 8–23–12; 8:45 am] 10878 and 10879] were removed from Service, 333 Broadway Blvd. SE., BILLING CODE 4310–GG–P Elden Pueblo (site NA 142) in Coconino Albuquerque, NM 87102, (505) 842– County, AZ, during legally authorized 3238 before September 24, 2012. archaeological excavations conducted Repatriation of the unassociated DEPARTMENT OF THE INTERIOR by Jesse W. Fewkes of the Smithsonian funerary objects to the Hopi Tribe, Arizona may proceed after that date if National Park Service Institution. The Elden Pueblo (site NA 142) is on the Coconino National Forest. no additional claimants come forward. [NPS–WASO–NAGPRA–10923; 2200–1100– These four objects have been curated at The Coconino National Forest is 665] the Natural History Museum of Utah responsible for notifying the Hopi Tribe, since 1932, when the Smithsonian Notice of Intent To Repatriate Cultural Arizona that this notice has been Institution transferred the objects to the published. Items: U.S. Department of Agriculture, museum. The four unassociated Dated: July 24, 2012. Forest Service, Coconino National funerary objects are three ceramic bowls Forest, Flagstaff, AZ and one ceramic jar. Sherry Hutt, Manager, National NAGPRA Program. AGENCY: National Park Service, Interior. Based on archaeological evidence and material culture, Elden Pueblo (site NA [FR Doc. 2012–20964 Filed 8–23–12; 8:45 am] ACTION: Notice. 142) has been identified as a Northern BILLING CODE 4312–50–P

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