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Native American Graves Protection and

Repatriation Review Committee

Findings of Fact


Native American Graves Protection and Repatriation Review Committee Findings Related to the Identity of Cultural Items in the Possession of the American Museum of Natural History, New York, NY

April 08, 2010

[Federal Register: April 8, 2010 (Volume 75, Number 67)]
[Notices]               
[Page 17953-17954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap10-97]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

 
Native American Graves Protection and Repatriation Review 
Committee Findings Related to the Identity of Cultural Items in the 
Possession of the American Museum of Natural History, New York, NY

AGENCY: National Park Service, Interior.

ACTION: Native American Graves Protection and Repatriation Review 
Committee: Findings.

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    This notice is published as part of the National Park Service's 
administrative responsibilities pursuant to the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3006(g)). The findings of 
fact do not necessarily represent the views of the National Park 
Service or the Secretary of the Interior.


SUMMARY: The Native American Graves Protection and Repatriation Review 
Committee (Review Committee) was established by section 8 of the Native 
American Graves Protection and Repatriation Act (NAGPRA; 25 U.S.C. 
3006), and is an advisory body governed by the Federal Advisory 
Committee Act (5 App. U.S.C. 1-16). At its October 30-31, 2009, public 
meeting in Sarasota, FL, the Review Committee, acting pursuant to its 
statutory responsibility (25 U.S.C. 3006(c)(3)), reviewed the record 
and made findings of fact related to the identity of 45 cultural items 
in the possession of the American Museum of Natural History at the 
request of the San Carlos Apache Tribe and the White Mountain Apache 
Tribe, acting through the Western Apache NAGPRA Working Group. The 
Review Committee found that each of the 45 cultural items was both a 
``sacred object'' (25 U.S.C. 3001(3)(C), 43 CFR 10.2(d)(3)) and 
``cultural patrimony'' (25 U.S.C. 3001(3)(D), 43 CFR 10.2(d)(4)).


SUPPLEMENTARY INFORMATION: In June 2007, the San Carlos Apache Tribe 
and the White Mountain Apache Tribe, acting through the Western Apache 
NAGPRA Working Group, submitted a request for repatriation of certain 
items in the possession of the American Museum of Natural History. The 
San Carlos Apache Tribe requested the repatriation of 29 items, and the 
White Mountain Apache Tribe requested the repatriation of 16 different 
items. The San Carlos Apache Tribe and the White Mountain Apache Tribe 
claimed each item as both a ``sacred object'' (25 U.S.C. 3001(3)(C), 43 
CFR 10.2(d)(3)) and ``cultural patrimony'' (25 U.S.C. 3001(3)(D), 43 
CFR 10.2(d)(4)).
    In response, the American Museum of Natural History agreed that the 
repatriation request satisfied the criteria for such requests (43 CFR 
10.10(a)). Though it agreed that the information in the repatriation 
request showed that each of the 45 items in question was a ``cultural 
item'', the American Museum of Natural History would neither agree nor 
disagree that the items belonged to the category of sacred object and 
the category of cultural patrimony, and it identified the items as 
``cultural items'' in its two notices of intent to repatriate the 45 
cultural items that were published in the Federal Register on March 9, 
2009 (74 Fed. Reg. 10,066 and 10,069).
    The American Museum of Natural History's position regarding the 
category or categories of cultural item to which each of the 45 
cultural items belonged led the San Carlos Apache Tribe and the White 
Mountain Apache Tribe, acting through the Western Apache NAGPRA Working 
Group, to request from the Review Committee findings of fact on the 
identity, by category, of each cultural item. The Review Committee 
Chair agreed to the request.
    At its October 30-31, 2009, meeting, the Review Committee reviewed 
the repatriation request from the San Carlos Apache Tribe and the White 
Mountain Apache Tribe for the 45 cultural items, and heard 
presentations by the San Carlos Apache Tribe and the White Mountain 
Apache Tribe in order to answer two questions. The first question was: 
Did the written repatriation request--the initial document, dated June 
7, 2006, plus all relevant subsequent documents sent prior to January 
22, 2009--submitted to the American Museum of Natural History (Museum) 
by the San Carlos Apache Tribe and the White Mountain Apache Tribe, 
through the Western Apache NAGPRA Working Group, for items deemed by 
the requesting tribes to be both ``sacred objects'' and ``cultural 
patrimony'', show that, more likely than not, some or all of the 45 
items that the Museum stated were ``cultural items'' in their Notices 
of Intent to Repatriate in fact were ``sacred objects'', as defined at 
25 U.S.C. 3001(3)(C) and 43 CFR

[[Page 17954]]

10.2(d)(3)? If yes, which cultural items were shown to be sacred 
objects? The second question was: Did the written request for 
repatriation referenced in Question #1 show that, more likely than not, 
some or all of the 45 items that the Museum stated were ``cultural 
items'' in their Notices of Intent to Repatriate in fact were 
``cultural patrimony'', as defined at 25 U.S.C. 3001CFR 10.2(d)(4)? If 
yes, which cultural items were shown to be cultural patrimony?
Findings of Fact: By a unanimous vote--six members, comprising a quorum, were present--the Review Committee found that the information contained in the written repatriation request submitted to the American Museum of Natural History by the San Carlos Apache Tribe and the White Mountain Apache Tribe, as well as the information presented by the tribes to the Review Committee on October 30, 2009, in Sarasota, Florida, showed that, more likely than not, each of the 45 cultural items was both a ``sacred object'' and ``cultural patrimony.'' Dated: February 2, 2010. Dan Monroe, Acting Chair, Native American Graves Protection and Repatriation Review Committee. [FR Doc. 2010-7936 Filed 4-7-10; 8:45 am] BILLING CODE 4312-50-P


 

 
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