FR Doc E9-5312[Federal Register: March 12, 2009 (Volume 74, Number 47)]
[Notices]               
[Page 10756-10757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr09-84]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

 
Notice of Intent to Repatriate Cultural Items: San Diego Museum 
of Man, San Diego, CA; Correction

AGENCY: National Park Service, Interior.

ACTION: Notice; correction.
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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 San Diego Museum 
of Man, San Diego, CA, that meet the definition of "unassociated 
funerary objects" or "object of 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 in this notice are the sole responsibility of the 
museum, institution, or Federal agency that has control of the Native 
American cultural items. The National Park Service is not responsible 
for the determinations in this notice.
    This notice corrects a Notice of Intent to Repatriate Cultural 
Items published in the Federal Register (73 FR 59653, October 9, 2008), 
which described 28 cultural items (26 unassociated funerary objects and 
2 objects of cultural patrimony) that were culturally affiliated to the 
Tohono O'odham Nation of Arizona. Since publication, the Gila River 
Indian Community of the Gila River Indian Reservation, Arizona, has 
claimed one Wihosa mask, an object of cultural patrimony, used in the 
Navichu ceremony from Komatke, AZ. This object of cultural patrimony is 
described in a separate notice.
    The notice published in the Federal Register (73 FR 59653, October 
9, 2008) is replaced with the following:
    The cultural items are 26 unassociated funerary objects and 1 
object of cultural patrimony.
    In 1959, cultural items were removed by M.J. Rogers from an 
abandoned Papago Village approximately four miles west of Covered 
Wells, Pima County, AZ, on the south side of Highway 86. The 26 
unassociated funerary objects are 24 pottery sherds, 1 cockle shell 
fragment, and 1 metavolcanic stone (possibly rhyolite) scraper.
    The 24 pottery sherds are reasonably believed to have been placed 
as part of a pottery sacrifice on graves covered with boulders. Based 
on consultation with a tribal representative of the Tohono O'odham 
Nation of Arizona, the cockle shell frament and metavolcanic stone 
scraper are also reasonably believed to be unassociated funerary 
objects.
    In 1976, one medicine bundle container (dated to circa 1930) was 
acquired from Mrs. Martinez of Havanna Naka (Crow Hang) Village on what 
was called the Papago Reservation. The medicine bundle belonged to Mrs. 
Martinez' husband, a local medicine man.
    Based on consultation with a tribal representative of the Tohono 
O'odham Nation of Arizona, the officials of the San Diego Museum of Man 
have reasonably determined that the one cultural item is an object of 
cultural patrimony used in important ceremonies of the O'odham people 
and could not have been alienated by a single individual.
    Recorded information from museum records about the unassociated 
funerary objects and object of cultural patrimony states that all the 
items were located on traditional Papago (Tohono O'odham) land. 
Descendants of the O'odham people are members of the Tohono O'odham 
Nation of Arizona.
    Officials of the San Diego Museum of Man have determined that, 
pursuant to 25 U.S.C. 3001 (3)(B), the 26 cultural items described 
above are reasonably believed to have been placed with or near 
individual human remains at the time of death or later as part of the 
death rite or ceremony and are believed, by a preponderance of the 
evidence, to have been removed from a specific burial site of a Native 
American individual. Officials of the San Diego Museum of Man also have 
determined that, pursuant to 25 U.S.C. 3001 (3)(D), the one cultural 
item described above has ongoing historical, traditional, or cultural 
importance central to the Native American group or culture itself, 
rather than property owned by an individual. Lastly, officials of the 
San Diego Museum of Man 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 unassociated funerary objects and object 
of cultural patrimony and the Tohono O'odham Nation of Arizona.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects and 
object of cultural patrimony should contact Philip Hoog, Archaeology 
and NAGPRA Coordinator, San Diego Museum of Man, 1350 El Prado, Balboa 
Park, San Diego, CA 92101, telephone (619) 239-2001, before April 13, 
2009. Repatriation of the unassociated funerary objects and object of 
cultural patrimony to the Tohono O'odham Nation of Arizona may proceed 
after that date if no additional claimants come forward.
    The San Diego Museum of Man is responsible for notifying the Gila 
River Indian Community of the Gila River Indian Reservation, Arizona 
and Tohono O'odham Nation of Arizona that this notice has been 
published.


[[Page 10757]]


    Dated: February 12, 2009
Sangita Chari,
Acting Manager, National NAGPRA Program.
[FR Doc. E9-5312 Filed 3-11-09; 8:45 am]

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