FR Doc E9-4842[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]               
[Page 10066-10069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-74]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Intent to Repatriate Cultural Items: American Museum of 
Natural History, New York, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.
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[[Page 10067]]

    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 American Museum 
of Natural History, New York, NY, that meet the definition of 
"cultural items" 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 40 cultural items are 15 charms or ornaments, 8 caps, 3 bags 
containing stone, 1 fawn skin bag and contents, 1 quartz crystal, 10 
arrows, 1 bow, and 1 quiver.
    The first charm or ornament is a wristlet consisting of a piece of 
sinew strung with nine badger claws, separated by seven round white and 
blue glass beads, one cylindrical glass bead, and one small piece of 
shell. The second charm or ornament is an armlet consisting of a hide 
string onto which is attached five obsidian pieces (fragments of 
arrowheads), a fragment of limestone, and a fragment of glycimeris 
shell. The third charm or ornament is a neck ornament consisting of a 
piece of hide cord onto which 14 quartz crystals are attached with 
sinew.
    The fourth charm or ornament is a neck ornament consisting of a 
cotton string that has five quartz crystals attached. The fifth charm 
or ornament consists of a perforated white shell, shaped into a pendant 
and hung on a cotton string. The sixth charm or ornament consists of 
more than 50 acorns threaded on a string, and separated by white and 
green glass beads with an attached quartz crystal.
    The seventh charm or ornament consists of a string of alternating 
clear and green glass beads onto which is attached eight quartz 
crystals, two stone points, and one haliotis pendant. The eighth charm 
or ornament consists of a beaded buckskin bag that contains red powder. 
The top of the bag is embellished with two rows of glass black and 
white beads. The bag is tied with buckskin that extends into two flaps 
and is suspended by a string of blue, yellow, and white glass beads. 
The ninth charm or ornament consists of six strings of alternating 
large yellow and green glass beads that has two beaded pieces of 
buckskin and an obsidian point attached.
    The tenth charm or ornament is a neck ornament consisting of a long 
strip of hide that has 25 quartz crystals, 1 stone arrow point, and 4 
black nuts attached. The eleventh charm or ornament is a neck ornament 
consisting of a buckskin string with a miniature moccasin on one end 
and a stone spear point on the other. In between the two ends are 
attached a small gourd; seven quartz crystals; an unknown amount of 
white, red, yellow, and dark blue glass beads; and one stone bead. The 
twelfth charm or ornament consists of beads and discs of a root-like 
material separated by cylindrical wooden beads, all of which are 
painted red.
    The thirteenth charm or ornament consists of a round piece of 
beaded hide, edged with light blue glass beads and embellished with 
different beaded designs on each side. One side is bordered by a beaded 
rope design that is made of alternating strings of black and light blue 
glass beads. Emanating from this border are four beaded triangles. Two 
of the triangles are yellow and green, and the other two are yellow, 
white, red, and blue. The center of the disc features a beaded cross. 
The opposite side of the charm is bordered with a rope design made of 
alternating black and pink beads. Emanating from the border are four 
black and white triangles, in the center of which is a beaded cross 
composed of triangles. The horizontal arm is red and green, and the 
vertical arm is red and yellow. Secured to the charm is a hide string 
to which is attached a mother of pearl shell, a quartz crystal, an 
obsidian point, and one broken basalt point. Black, white, and blue 
glass beads separate the attached pieces.
    The fourteenth charm or ornament consists of a single white 
glycimeris shell attached to a piece of hide string. The fifteenth 
charm consists of a piece of hide cord that has five quartzite 
crystals, one worked piece of chert, and one quartz point attached with 
sinew.
    The first cap is constructed with two panels of tanned hide that 
have been painted yellow and stitched with sinew, and surmounted by at 
least 50 owl feathers. Attached to the brim of one side of the cap are 
three trapezoid flaps with sheared tops. A band of black cloth lies 
beneath two of the flaps. The border is stitched with hide that has 
been painted blue. The lower border of the cap exhibits a beaded rope 
design that is made of alternating blue and white glass beads.
    The second cap appears to be constructed of hide, but is covered 
with various types of materials, such as gray felt, calico, and 
possibly a grain bag. The lower border of the cap consists of a thick 
piece of leather, three quarters of which is covered with brass 
buttons. The remaining portion of the lower border bears three brass 
hammered plates attached with nails, and a silver plate edged with 
filigree and attached with wire. A painted blue border appears 
underneath the lower border. The lower border is topped by a second 
border which consists of a thin belt onto which are sewn at least 20 
commercially-made mother of pearl buttons and 4 horn buttons. The belt 
also has two brass buttons which appear to be original to the belt 
itself. Between these two borders are seven large commercially-made 
shell buttons with one that is embossed with the image of a locomotive. 
The cap is crowned by at least 50 owl feathers, and is lined with red 
cotton, patterned cloth that has been stitched in place with cotton and 
hide.
    The third cap is constructed from two pieces of tanned hide 
stitched together with sinew. The entire outside of the cap has been 
painted with yellow pigment. The edge of the cap is stitched with hide 
cord. A blue patterned cloth chin strap is stitched to the lower edge 
of the cap with cotton thread. To the top of the cap are attached three 
eagle feathers that are secured with sinew to a leather thong. The hat 
appears to have been mended in two different places. The fourth cap is 
constructed of two pieces of hide that have been painted yellow and 
stitched together with sinew. Six eagle feathers and six pieces of down 
that have been attached with sinew to six leather thongs are secured to 
the top of the cap. The cap is beaded in two separate places. Along one 
seam a double row of dark blue glass beads that is matched by a double 
row of white beads while the other side of the cap shows the same 
beading pattern, but has an additional curved line of white beads that 
intersects the white/blue line of beads about 3/4 of an inch above the 
rim. One side of the cap bears the impression of a cross, which 
indicates that an ornament had been attached at one time.
    The fifth cap is constructed of two pieces of hide stitched 
together with hide. The cap is painted with yellow symmetrical designs. 
Above the cap's edge is a row of triangles that point upward. The cap 
is divided in half by a row of triangles that point upward and run from 
the bottom edge to the top and then down the other side. The two halves 
exhibit identical hour glass and iron cross designs. The cap is 
surmounted by four eagles feathers attached by sinew to four thongs. 
One of the feathers has a piece of down attached to it. The sixth cap 
is constructed from two pieces of canvas

[[Page 10068]]

stitched together with cotton thread. The partially worn canvas might 
have been painted entirely yellow. The bottom of the cap was made by 
folding the canvas upward about 1 1/2 inches. There is a chin strap of 
red patterned cloth. At least 40 eagle feathers and down face upwards 
and are attached with sinew inside the fold of the lower border. The 
top is surmounted by eight eagle feathers that have been attached to 
leather thongs with sinew, and each feather has a piece of down 
attached to it.
    The seventh cap is constructed from two pieces of hide stitched 
together with sinew. The bottom of the cap exhibits a border of upward 
facing hide triangles stitched onto the cap with sinew. Inserted 
between the bottom of the cap and the triangle border is a red flannel 
cloth that goes around the cap's circumference. The cap does not appear 
to have been painted or ornamented. A chin strap made of hide is 
attached to the cap. The cap is surmounted by at least 50 owl feathers. 
The eighth cap is constructed from three pieces of hide stitched 
together with sinew and sisal. The bottom border of the cap consists of 
about a 1/2 inch of yellow felt cloth. Above the border is a single row 
of pink, blue, white, and black glass beads with no apparent pattern. 
One side of the cap is adorned with two beaded white crescents tipped 
with yellow beads and a white cross that is also tipped with yellow. 
Below the cross are two metal brooch-like objects, one of which appears 
to be a cross and the other, a bird. Dangling from this side of the cap 
are seven eagle feathers, some of which include down. The other side of 
the cap is embellished with two beaded light blue crescents above which 
is a cross that appears to have been made with black marking. The 
marking could be tarnish from a silver brooch that may have been 
attached. Dangling from this side of the cap are two eagle feathers and 
three pieces of down. Surmounting the cap are pieces of down and 16 
eagle feathers, some of which are very large.
    The first bag containing stone consists of a cotton bag filled with 
several quartz crystals and tied with metal wire. The second bag is a 
small buckskin bag with a flap. The flap is edged with light blue glass 
beads while the body of the bag is edged with yellow and clear glass 
beads. The beads form two designs. One design consists of three 
adjoining triangles, two that point to opposite sides and one that 
points upward. All three of the triangles are light blue with a single 
row of dark blue beads on the inside. The second beaded design consists 
of dark blue glass beads. The design looks like an "L" that is 
intersected by an upside down "U." The bag holds a piece of worked 
stone in the shape of a knife. The third bag consists of a small, 
beaded buckskin bag that holds a piece of worked flint and an obsidian 
arrowhead. The bag has a flap whose edges are embellished with 
alternating dark and light blue glass beads. The body of the bag is 
edged with dark blue, white, clear, yellow, and red glass beads. The 
body of the bag features a beaded dark and light blue cross on one 
side, the other side has a beaded yellow crescent. The beads are sewn 
onto the bag with commercial thread.
    The one fawn skin bag contains a smaller plaid cloth bag holding 
more than 50 black nuts; a white cloth bag with a striped design 
holding seeds; a cloth bag with striped design held closed with cotton 
cloth wrapping and containing pigment; a small perforated disc of plant 
material; a cloth bag with red striped design tied closed with black 
cloth and holding red beans; two small gourds that are perforated 
through the neck; a small knife with a wooden handle and a steel blade; 
and a rattle made from a K.C. baking powder can.
    The one quartz crystal is a single piece measuring 7 cm by 2.3 cm 
by 2 cm.
    The one quiver consists of canvas that is lashed with hide string 
onto a wooden spine. One side of the quiver is unadorned. The other 
side has a yellow painted border along the wooden spine and at both 
ends. At each end, the yellow border is topped by a red painted band; 
the bottom of the quiver has a canvas fringe. The center of the quiver 
is enclosed with a rawhide band which terminates in a fringe of hide 
strips that have been painted yellow on one side. One piece of fringe 
consists of five hide circles. One of the circles is painted yellow, 
two are painted black, and two are painted red. On either side of this 
band are two painted designs both of which feature two opposing red 
crescents. Yellow paint fills the space between the crescents on the 
top design; the bottom design has no pigment between the two crescents. 
Attached to the wooden spine is a leather carrying strap.
    The one bow is painted red on its inside. The string of the bow is 
sinew and is also painted red.
    Of the 10 arrows, 6 are made of reed and the other 4 are made of 
wood. The fletching of all 10 arrows consists of portions of what 
appear to be three different types of feathers (each arrow exhibits a 
different pattern). Each arrow has the same three feather types and 
each feather is attached by sinew; this sinew also attaches a piece of 
down. Inserted into the shaft are extensions of wood that have been 
painted black and which have been fastened with sinew. Nine of the 
arrows have metal points, and one has a stone point.
    Museum records explicitly indicate that all but one of the cultural 
items were acquired by Dr. Pliny E. Goddard during museum-funded 
expeditions, in 1910 and 1914. The first and second charms or ornaments 
and the fawn skin bag were acquired on the second expedition, while the 
other 36 cultural items were collected on the first expedition. The 
museum accessioned the cultural items in the years they were collected. 
The cultural affiliation of the cultural items is San Carlos Apache, as 
based on museum records and consultation evidence presented by the 
Western Apache Working Group, which consists of the authorized NAGPRA 
representatives from the San Carlos Apache Tribe of the San Carlos 
Reservation, Arizona; Tonto Apache Tribe of Arizona; White Mountain 
Apache Tribe of the Fort Apache Reservation, Arizona; and Yavapai-
Apache Nation of the Camp Verde Indian Reservation, Arizona.
    The fifteenth charm-consisting of five quartzite crystals, one 
worked piece of chert and one quartz point, attached with sinew to a 
piece of hide cord-was found in museum storage with the other items 
that Goddard collected from the San Carlos Apache reservation. Given 
its similarity to and storage with other San Carlos Apache items, the 
museum believes this charm was also acquired by Goddard during one of 
his two museum-funded expeditions. The cultural affiliation of the 
charm is San Carlos Apache, as indicated by its similarity to and 
storage with other San Carlos Apache items, and consultation evidence 
presented by the Western Apache Working Group.
    Officials of the American Museum of Natural History have determined 
that, pursuant to 25 U.S.C. 3001, the 40 cultural items meet the 
definition of cultural items and are subject to repatriation under 
NAGPRA. Officials of the American Museum of Natural History 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 cultural items and the San Carlos Apache Tribe of the San 
Carlos Reservation, Arizona.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the cultural items should contact Nell 
Murphy, Director of Cultural Resources, American Museum of Natural 
History, Central Park West at 79th Street, New York, NY 10024, 
telephone (212) 769-5837, before April

[[Page 10069]]

8, 2009. Repatriation of the cultural items to the San Carlos Apache 
Tribe of the San Carlos Reservation, Arizona may proceed after that 
date if no additional claimants come forward.
    The American Museum of Natural History is responsible for notifying 
the San Carlos Apache Tribe of the San Carlos Reservation, Arizona; 
Tonto Apache Tribe of Arizona; White Mountain Apache Tribe of the Fort 
Apache Reservation, Arizona; and Yavapai-Apache Nation of the Camp 
Verde Indian Reservation, Arizona that this notice has been published.

    Dated: January 27, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-4842 Filed 3-6-09; 8:45 am]

BILLING CODE 4312-50-S

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