FR Doc E9-17668[Federal Register: July 24, 2009 (Volume 74, Number 141)]
[Notices]               
[Page 36741-36742]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy09-125]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Intent to Repatriate Cultural Items: Peabody Museum of 
Archaeology and Ethnology, Harvard University, Cambridge, MA

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 Peabody Museum of 
Archaeology and Ethnology, Harvard University, Cambridge, MA, that meet 
the definitions of "sacred objects" and "objects 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 cultural 
items. The National Park Service is not responsible for the 
determinations in this notice.
    The four cultural items are a medicine chord and three buckskin 
caps.
    In 1912, the medicine cord was collected by Grace Nicholson from an 
unknown locality. It was donated to the Peabody Museum of Archaeology 
and Ethnology by Lewis Farlow later that same year. It measures 
approximately 86 cm and is made of a twisted leather thong with various 
leather fringes. The leather thong is tied with metal wraps at 
intervals of approximately 12 cm. An assemblage of items are attached 
to the bottom of the cord: a large stone projectile point; a small hide 
bundle tied with turquoise, coral, shell, and abalone beads; a black 
discoidal bead; a clear glass cylindrical bead; a ceramic bead; and a 
violet glass bead.
    Collector's documentation describes this cultural item as White 
Mountain Apache. Consultation with the White Mountain Apache Tribe 
indicates that stylistic characteristics of this item are consistent 
with traditional White Mountain Apache forms.
    The first cap is made of two hide pieces sewn together with sinew. 
It has a twisted hide chin strap on the bottom. It measures 
approximately 12.5 cm x 19 cm x 17.5 cm. There is a 2 cm high hide band 
which is folded over and sewn along the bottom of the cap. On the band 
are black zigzag designs with alternating black triangles. Two parallel 
black lines run along the circumference of the cap above the hide band. 
A cross-like design, formed with four black converging triangles is 
painted on the front center and back center of the cap. Numerous 
feathers are attached to the crown of the cap. There are four elements 
equally spaced along the top of the cap: a shell hoop with sinew 
wrapping above one of the painted crosses; a worked abalone shell above 
the other painted cross; one piece of obsidian with sinew wrapping; and 
one piece of quartz with sinew wrapping.
    The second cap is made of two pieces of hide sewn together with 
sinew. There is a hide chin strap on the bottom of the cap. The cap 
measures approximately 9 cm x 17 cm x 19 cm. It has a band of green and 
blue beads across the bottom. There is a band of nine triangular linear 
designs which are composed of red triangles within black outlines above 
the band of beads. A cluster of 13 feathers are attached to the crown 
of the cap.
    The third cap is made of three pieces of hide sewn together with 
sinew. There is a twisted hide chin strap on the bottom. The cap 
measures approximately 12.5 cm x 13.5 cm x 17.5 cm. There is a strip of 
red cloth trim along the bottom. Above the cloth is a row of yellow 
triangles with black outlines which extends across the circumference of 
the cap. Four black painted zigzag linear designs ascend from the 
spaces in-between the yellow triangles at intervals of every two or 
three triangles. These linear designs each branch out into five lines. 
Each line extends all the way to the crown of the cap and culminates in 
a black dot. There is a row of six holes below the center of the cap 
which runs across the circumference; this suggests that additional 
elements may have been present at some point. Ten holes on the crown of 
the cap indicate the presence of attachments which are currently 
absent.
    During the summer of 1922, the three buckskin caps were purchased 
by Samuel Guernsey from Babbitt's Store in Flagstaff, AZ. Mr. Guernsey 
donated the first cap to the Peabody Museum in the same year it was 
purchased. In 1985, William Claflin bequeathed the second and third 
caps to the Peabody Museum. Museum documentation describes all three 
buckskin caps as "Western Apache." William Claflin's catalogue states 
that the two caps in his possession came from the "Trading Post on the 
Apache Reservation." Museum accession files list the cap donated by 
Samuel Guernsey as having come from "Cibicu Creek Trading Post." 
Given that all three of the caps have similar provenience information 
and were purchased by Samuel Guernsey around

[[Page 36742]]

the same time, it is most likely that the Trading Post described by 
Claflin was the one at Cibecue Creek. Consultation with White Mountain 
Apache representatives indicates that Cibecue Creek, AZ, is within the 
traditional and historical territory of the White Mountain Apache 
Tribe. They also agree that stylistic characteristics of these three 
caps are consistent with traditional White Mountain Apache forms.
    Anthropological, historical, and oral historical evidence indicate 
that these four 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. In addition, these lines of evidence also support that these 
items have ongoing traditional and cultural importance central to the 
White Mountain Apache Tribe and could not have been alienated, 
appropriated, or conveyed by any individual tribal member at the time 
they were separated from the group.
    Officials of the Peabody Museum of Archaeology and Ethnology have 
determined that, pursuant to 25 U.S.C. 3001 (3)(C), the four 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 Peabody Museum of Archaeology and Ethnology have also 
determined that, pursuant to 25 U.S.C. 3001 (3)(D), the four cultural 
items described above have 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 
Peabody Museum of Archaeology and Ethnology 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 and 
objects of cultural patrimony 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 sacred objects/objects of cultural 
patrimony should contact Patricia Capone, Repatriation Coordinator, 
Peabody Museum of Archaeology and Ethnology, Harvard University, 
Cambridge, MA 02138, telephone (617) 496-3702, before August 24, 2009. 
Repatriation of the sacred objects/objects of cultural patrimony to the 
White Mountain Apache Tribe of the Fort Apache Reservation, Arizona may 
proceed after that date if no additional claimants come forward.
    Peabody Museum of Archaeology and Ethnology is responsible for 
notifying the San Carlos Apache Tribe of the San Carlos Apache 
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 Reservation, Arizona that this notice 
has been published.

    Dated: July 14, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-17668 Filed 7-23-09; 8:45 am]

BILLING CODE 4312-50-S

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