FR Doc 2010-10365[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Notices]               
[Page 23800-23801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my10-116]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Intent to Repatriate a Cultural Item: Virginia Museum 
of Fine Arts, Richmond, VA

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 a cultural item in the possession of the Virginia Museum 
of Fine Arts, Richmond, VA, that meets the definition of "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 cultural 
item. The National Park Service is not responsible for the 
determinations in this notice.
    The cultural item is a ceremonial headdress made of wood, eagle or 
eider down, sea lion whiskers, ermine hide, abalone shell, feathers, 
and fibers (VMFA accession  55.31.7). The headdress is 
approximately 17.25 inches in height, 10 inches in width, and 9.5 
inches in diameter (43.7 cm x 25.2 cm x 24.2 cm). The mask portion of 
the headdress is composed of a polychrome carved wooden bird holding a 
limp object in its beak, and the right wing of the mask has been broken 
off and repaired. A stylized face appears beneath the beak, which is 
flanked by applied vertical wings. The nose of the face is a bird's 
head, turned upward. The eyes and teeth are made of abalone shell. The 
top of the headdress is decorated with alternating sea lion

[[Page 23801]]

whiskers and red-shafted flicker feathers. The headdress itself is 
lined with ermine hide, and ermine hide also hangs from the back of the 
headdress.
    In 1955, the headdress was purchased by the Virginia Museum of Fine 
Arts from the Portland Art Museum, OR (Portland Art Museum accession 
 48.3.439). Records from the Portland Art Museum read as 
follows: "Purchase, Indian Collection Subscription Fund. To be known 
as the Axel Rassmussen Collection. Vendor, Earl Stendahl."
    Representatives of the Central Council of the Tlingit & Haida 
Indian Tribes, specifically the L[uacute]kaax.[aacute]di clan, a 
Tlingit clan, have identified that this headdress represents the 
Kingfisher Fort. The Kingfisher Fort is a site of cultural and historic 
importance to the L[uacute]kaax.[aacute]di clan, and this Kingfisher 
Fort Headdress (Tlax'aneis' Noow Shaakee.[aacute]t) is needed for 
continuing their cultural ceremonies. Representatives of the Central 
Council of the Tlingit & Haida Indian Tribes have also provided 
evidence that this headdress is an object of cultural patrimony. It is 
communally owned and, at the time of removal had - and continues to 
have - ongoing, historical, traditional, and cultural importance 
central to the Tlingit society and culture. Furthermore, no tribal 
member consented to alienate it, and no evidence exists to demonstrate 
that its transfer outside the tribe was voluntary.
    Officials of the Virginia Museum of Fine Arts have determined that, 
pursuant to 25 U.S.C. 3001(3)(D), the 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. Officials of the Virginia Museum of Fine Arts 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 
object of cultural patrimony and the Central Council of the Tlingit & 
Haida Indian Tribes.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the object of cultural patrimony should 
contact Kelly Burrow, Assistant Registrar, Virginia Museum of Fine 
Arts, 200 N. Blvd., Richmond, VA 23220, telephone (804) 204-2669, 
before June 3, 2010. Repatriation of the object of cultural patrimony 
to the Central Council of the Tlingit & Haida Indian Tribes may proceed 
after that date if no additional claimants come forward.
    The Virginia Museum of Fine Arts is responsible for notifying the 
Central Council of the Tlingit & Haida Indian Tribes that this notice 
has been published.

    Dated: March 25, 2010.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2010-10365 Filed 5-3-10; 8:45 am]
BILLING CODE 4312-50-S