FR Doc E9-4843[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]               
[Page 10069-10071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-75]                         

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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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    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 37 cultural items are 9 charms or ornaments, 5 caps, 1 painted 
buckskin, 1 bow, 1 quiver, and 20 arrows.
    The first charm or ornament is a small wooden ring covered with 
buckskin cord. Attached to the ring is a separate thong of hide that is 
inserted into a ring of turquoise; the thong terminates with a feather 
which is secured with sinew. A leather pouch is attached to the string 
by a leather thong. The opening of the bag is decorated with a band of 
glass beads. The first row is dark blue, the second and third are 
clear, and the fourth and fifth rows are green. Another leather thong 
secures a small turquoise pendant to which is also attached a feather 
fragment secured to the thong with sinew.
    The second charm or ornament consists of eight strands of buckskin, 
four of which terminate with a red glass bead and a metal bead, and one 
of which terminates in a single red glass bead; the other three strands 
do not include beads. The strands are bound together by a band of 
beading that measures about 2 1/2 inches in width. The first inch of 
beading consists of alternating blue and white beads, and the remaining 
1 1/2 inches having blue, red, white, and yellow beads. Above the 
beaded band is a hide knob to which is attached a shell (Olivella 
biplicata) and a small shell fragment. From the knob extend two long 
bird bone beads that are incised, one with a zigzag pattern and the 
other with hash marks. The two bird bone beads are topped with a red 
glass bead. A leather thong runs through all three beads and ends with 
two fringes. One fringe terminates in a red glass bead, and the other 
terminates in two red glass beads.
    The third charm or ornament consists of a single piece of flint 
that has been chipped into the form of a spearhead. Attached to the 
base is a piece of hide string. The fourth charm or ornament consists 
of a single piece of flint that has been chipped into the form of a 
spearhead. The fifth charm or ornament consists of a wooden ring 
wrapped in pieces of hide. Three hide strings, about 7 inches in 
length, emanate from the ring and are tied together at the top. Inside 
the ring hangs a black and a white bead. From these two beads hang a 
small glass bead supported by a metal link. On the side of the ring are 
two pieces of haliotis in the form of pendants. A quill is attached 
with sinew to the smaller of the two pendants. A small tuft of dyed 
wool is also attached to this ring.
    The sixth charm or ornament consists of a hide string to which are 
attached nine blue glass beads, one banded piece of stone secured with 
hide and sinew, and a piece of shell that has been worked into the 
shape of a crescent and secured by sisal. The seventh charm or ornament 
consists of a silver cross attached to a crescent. The bottom of the 
crescent has three perforations with a cord of hide through the center 
perforation. In the center of the cross is a perforation through which 
a hide thread has been inserted. The thread holds a piece of turquoise 
and a piece of down that is attached with sinew.
    The eighth charm or ornament consists of four braided leather cords 
that measure about 20 inches in length. Attached to these cords are 11 
eagle feathers, some of which have attachments. One feather has a blue 
glass bead; three feathers have each an Olivella biplicata shell; one 
feather has a white glass bead; one feather has a specimen of shell 
(possibly haliotis); one feather has a cowrie shell, dog canine, a 
black glass bead, and a white shell bead. The bottom of the charm has 
two flaps of hide in the shape of a trapezoid with a sheared border. 
The ninth charm or ornament consists of a large piece of hematite 
wrapped in buckskin. Pieces of the buckskin have been cut away to 
reveal the hematite. From the bottom of the bag hangs a cluster of 
quartz crystals, while the top of the bag features two leather thongs.
    The first cap is constructed of two pieces of hide sewn together 
with sinew. The hide appears to be painted with yellow pigment. The cap 
also has a hide chin strap. From the bottom of the cap hangs a fringe 
of green and white glass beads. At about 1/4 inch above the fringe is a 
border with a beaded rope design created with alternating green and 
white beads. The cap is divided in half by a second yellow and green 
beaded rope design that starts at the fringe and runs to the top of the 
cap and then down the other side. Incorporated into this border, on 
both sides, is a cross and crescent design. On one side the cross and 
crescent are green, and on the other side they are yellow. Both sides 
are tipped by blue beads. The cap also features two other cross and 
crescent designs. One is entirely white, but tipped with black beads; 
while the other is all black, but tipped with white beads.
    The second cap is constructed with 10 separate panels of hide, in 
varying sizes, stitched together with sinew. The hide appears to have 
been painted with yellow pigment. At the bottom of the cap is one lone 
strip (about 3 inches) of blue and white beaded rope design. It is 
unclear whether this beading formed a continuous border at one time. 
The cap features four beaded cross and crescent designs. Each crescent 
is blue, but bordered by white beads. Each cross is yellow, but 
bordered by black beads. This cap also exhibits a scatter of red 
pigment splotches. Two threads protrude through the cap's top, but 
there is no trace of what may have been attached to them.
    The third cap is constructed from two pieces of hide stitched 
together with sinew. The hide appears to have been treated with yellow 
pigment. The edge of the cap exhibits a rope design made of alternating 
black and white glass beads. Another line of black and white beads runs 
vertically from the border up to the top and down the other side, 
dividing the cap in half. This vertical

[[Page 10070]]

border is intersected by horizontal beading that creates a black and 
white crescent. Above the crescent, a metal (possibly silver) tack has 
been attached. In each half of the cap, a beaded cross and crescent are 
separated by a metal tack. One of the crescents is black bordered by 
white beads and paired with a black cross. On the opposite side is a 
beaded white cross paired with a white crescent bordered by black 
beads. The top of the cap shows a leather thong, but nothing is 
attached to it. There is no sign as to what may have been attached to 
it. The cap has a chin strap of hide to which is attached a small 
beaded pouch. The bottom of the pouch is decorated by a cross of black 
beads bordered by white beads. The rim of the pouch is bordered by 
white and green beads, and held closed by sisal and hide rope.
    The fourth cap is constructed from two pieces of tanned hide 
painted yellow and stitched together with sinew. The lower portion of 
the cap features a rope design border that is made of alternating blue 
and white beads. From this border four separate strands of beads 
continue to the top of the cap and down the other side, dividing the 
cap into quadrants. Two strands are black and yellow, and the others 
are white and blue. Onto each circle is attached a hammered silver 
ornament that is secured with hide. Between each ornament is a 
horseshoe shaped design of blue beads banded by yellow, inside of which 
are zigzag designs which seem to be ground crystals. The cap has a chin 
strap of leather. Surmounting the cap are 14 eagle feathers and pieces 
of down. The feathers are encircled with a rope design made of 
alternating black and white beads.
    The fifth cap is constructed from two pieces of hide stitched 
together with sinew. The hide appears to have been painted with yellow 
pigment. The lower edge of the cap has a border of white and green 
glass beads. The cap exhibits four cross and crescent designs. The 
crescents were created with a green and white rope design, and the 
cross was created with green beads that are bordered by white beads. 
The cap is surmounted by five eagle feathers (three of which are 
fragmentary).
    The painted buckskin consists of a single piece of hide that has 
five separate painted designs. The first design includes a blue disc 
from which project two blue crescents on each side. The disc is crowned 
with four yellow triangles. Secured to the disc's center is a hide 
string with an attached quill. Extending from the body of the disc is a 
painted zigzag line of alternating black and yellow lines. Twelve blue 
crescents extend from each bend of the zigzag. At the beginning of the 
zigzag, just below the disc, is a yellow silk folded ribbon that has a 
"pendant" of haliotis shell, a feather fragment and a quill wrapped 
in sinew attached to it. In the center of the zigzag is another cord of 
hide to which is attached a quill. The zigzag lines terminate in a blue 
or black disc from which emanate the remnant of a quill and a 
perforated pendant of haliotis that is secured with sinew onto a hide 
string. The second design consists of an anthropomorphic figure with 
raised hands. This figure appears to be wearing a gaan headdress. 
Secured to the figure's neck is a yellow silk ribbon that has a 
haliotis pendant and a piece of feather. On either side of the yellow 
ribbon are pieces of blue ribbon. Although only fragments of the blue 
ribbon remain, it appears that the blue and yellow ribbons were sewn in 
such a way as to create the pattern of a cross. The body of the figure 
consists of zigzag lines. On the chest the lines run in a horizontal 
direction, while below the waist, the zigzag lines are vertical. Almost 
the entire length of the body is bordered by blue/black triangles. The 
figure appears to be standing on a platform. From under the platform 
extend two yellow and black zigzag lines, each of which terminates with 
a short horizontal line consisting of four triangles. Underneath these 
triangles is a fairly large hole; it is unclear whether this is an 
attachment site or damage. The third design includes a small blue disc 
from which emanate two crescents on either side. To the center of the 
disc has been attached a pendant of haliotis, quill and feather. From 
the disc extend alternating yellow and black zigzag lines which connect 
to a larger disc. These lines are interrupted just above the second 
disc by a platform of blue triangles facing downward. The zigzag lines 
continue from the platform to create a border around the disc. The disc 
periphery is created by black/blue triangles, and terminating on the 
point of each triangle is a knob. The disc is divided into four 
quadrants that are created by zigzag lines that run vertically and 
horizontally. A yellow semi-circle with a black border appears in each 
quadrant. To the center of the disc are attached a yellow ribbon that 
runs vertically and a blue ribbon that runs horizontally. Through the 
center of the ribbon are attached a haliotis shell, feather and quill. 
The zigzag lines continue downward through the center bottom of the 
disc, where they are interrupted by a platform of black triangles that 
face upward. From the platform, the zigzag lines continue almost to the 
bottom of the hide where they run into a disc that is similar to the 
one at the top of the design. Attached to the bottom disc are the 
remnants of a feather and quill. Just below the large center disc is a 
pair of yellow discs on either side of the zigzag lines and surrounded 
by a black border of inward pointing black triangles. Emanating from 
the center of the disc to the left are a haliotis shell, feather and 
quill. A similar disc, on the right, has a thong which holds only a 
quill and feather. The fourth design is an anthropomorphic figure 
embellished with alternating yellow and black chevrons. The fifth 
design includes an irregularly shaped disc from which emanate two other 
discs, one on either side, that are bordered by spiraling crescents. 
Attached to the center of each disc are a feather and a quill supported 
by sinew. The main body of the design is a stalk-like figure, the top 
of which is formed by an arc of yellow triangles that point upward. The 
stalk-like body is painted with diagonal bands of black and yellow. 
Near the top of the stalk is attached a quill that dangles from a 
thong. Slightly below it is a yellow and blue silk ribbon that has a 
haliotis shell, feather, and quill attached to it. From either side of 
the stalk emanate blue crescents at regular intervals. To the center of 
the stalk is secured a dark blue silk ribbon upon which is attached the 
remnants of a feather supported by sinew. The stalk terminates in a 
disc that is formed by a black border from which emanate three black 
crescents, and has at its center the remnant of a feather.
    The one quiver is highly adorned and consists of tanned hide lashed 
with hide string onto a wooden spine that is painted red. The top and 
bottom of the quiver are embellished with two bands of jingles. The top 
row is distinguished from the bottom row in that the jingles are 
suspended from rows of leather triangles painted black. The jingles are 
attached in pairs. Both ends of the quiver exhibit a painted border. 
The upper border is painted with a red band. Over the red band lies a 
row of leather triangles painted black. The bottom border is painted 
with a black band; red painted triangles emanate from this band and 
point upward. Below the top red border is a separate design which 
consists of a row of half yellow and half green diamonds. The diamonds 
are between two rows of triangles; the top row is red and the bottom 
row is yellow. Below these rows is a painted disc with an outer border 
that consists of yellow triangles. The inner border of the disc is 
composed of green triangles that face

[[Page 10071]]

inward. Below the disc are two bands of painted hide, each of which is 
bordered with red and black lines. In between these borders are diamond 
shaped cut-outs exposing red cotton cloth. Below the second border is 
another painted design that appears to be a jagged line with 
alternating yellow and white chevrons. Attached to the line are green 
crescents. Just below this is another border of red/yellow triangles 
encasing green/yellow diamonds.
    The one bow consists of a piece of wood, and a bow string made of 
sinew. Three quarters of the bow's interior has been painted red. At 
the end of the bow, there is a secondary piece of hide.
    The 20 arrows are made of reed. The fletching of each consists of 
portions of what appear to be three different types of feathers. Each 
arrow has the same three feather types and each feather is attached by 
sinew; this sinew also attaches a piece of down. Three quarters down 
the shaft is inserted a solid piece of wood that is attached with 
sinew. That sinew has a black or blue painted band. At the end are 
attached arrow points of quartz. The wood appears to have been treated 
with a substance - perhaps pitch or sap. Eight arrows are painted on 
the shaft end with a band of black/brown followed by an unpainted band 
and then a band of red; four arrows exhibit the same pattern described 
above except the black/brown is green; and six arrows are painted at 
the shaft end with a wide swatch of red with four narrow black bands.
    In 1910, the cultural items were acquired by Dr. Pliny E. Goddard 
on a museum-funded expedition and the museum accessioned the items 
later that same year. The cultural affiliation of the cultural items is 
White Mountain Apache, as indicated by museum records and by 
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.
    Officials of the American Museum of Natural History have determined 
that, pursuant to 25 U.S.C. 3001, the 37 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 White Mountain Apache Tribe of the 
Fort Apache 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 8, 2009. Repatriation of the 
cultural items to the White Mountain Apache Tribe of the Fort Apache 
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 26, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-4843 Filed 3-6-09; 8:45 am]

BILLING CODE 4312-50-S

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