FR Doc 03-25531
[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Notices]               
[Page 58131-58132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-81]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: Brooklyn Museum of 
Art, Brooklyn, NY

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), 43 CFR 10.8 (f), of the 
intent to repatriate cultural items in the possession of the Brooklyn 
Museum of Art, Brooklyn, NY, that meet the definition of sacred objects 
and 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 within 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 within this notice.
    The 11 cultural items are 1 tobacco pipe and pouch, 1 necklace, 1 
pair of women's moccasins, 2 war caps, 1 war slat armor, 3 fiber caps, 
1 set of arrows, and 1 dance whistle.
    During an expedition to California in 1905, the curator of the 
Brooklyn Museum of Art, Mr. Stewart Culin, purchased the cultural items 
from Yurok individuals in Yurok villages.
    Museum records and information provided during consultation 
indicate that the cultural items are affiliated with the Yurok Tribe of 
the Yurok Reservation, California. Tribal representatives identified 
the pipe and pouch as items used by Yurok medicine people in the 
preparation for Pir-wai (White Deerskin Dance), Wo-neek-wo-ley-go (Jump 
Dance), Mey-lee' (Brush Dance), Ray-ma (Kick Dance), and Lo-geen (Fish 
Dam) ceremonies. The deer hoof necklace, women's moccasins, war caps, 
and slat armor were identified as ceremonial objects associated with 
the War Dance. The fiber caps and set of arrows were identified as 
associated with the Brush Dance, and the dance whistle with the White 
Deerskin Dance. The Yurok tribe identified the cultural items as sacred 
and inalienable ceremonial objects, which were obtained without the 
consent of an appropriate Yurok authority. The Yurok tribe believes 
that if the cultural items were sold to Mr. Culin, the seller was not 
the rightful owner, because Yurok law prohibits the sale of ceremonial 
items.
    Officials of the Brooklyn Museum of Art have determined that, 
pursuant to 25 U.S.C. 3001 (3)(C), the 11 cultural items described 
above are specific ceremonial objects needed by traditional Native 
American religious leaders for the practice of traditional Native 
American religions by their present-day adherents. Officials of the 
Brooklyn Museum of Art also have determined that, pursuant to 25 U.S.C. 
3001 (3)(D), the 11 cultural items described above have ongoing 
historical, traditional, and cultural importance central to the tribe 
itself, and are of such central importance that they may not be 
alienated, appropriated, or conveyed, by any individual tribal or 
organization member. Lastly, officials of the Brooklyn Museum of Art 
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 sacred objects/cultural patrimony and the Yurok Tribe of 
the Yurok Reservation, California.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with these sacred objects/cultural patrimony 
should contact Elizabeth Reynolds, Chief Registrar, Brooklyn Museum of 
Art, 200 Eastern Parkway, Brooklyn, NY 11238, telephone (718) 501-6339, 
before November 7, 2003. Repatriation of the sacred objects/cultural 
patrimony to the Yurok Tribe of the Yurok Reservation, California may 
proceed after that date if no additional claimants come forward.

[[Page 58132]]

    The Brooklyn Museum of Art is responsible for notifying the Yurok 
Tribe of the Yurok Reservation, California that this notice has been 
published.

    Dated: August 4, 2003.
John Robbins,
Assistant Director, Cultural Resources.
[FR Doc. 03-25531 Filed 10-7-03; 8:45 am]

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