Notice of Availability of Draft Report of Findings Under the Native American Graves Protection and Repatriation Act on a Feathered Headdress in the Possession of the Department of the Interior, Fish and Wildlife Service, Washington, DC, 2542-2543 [E7-759]

Download as PDF 2542 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358–2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358–2104. Notice is hereby given that on the dates below, as SUPPLEMENTARY INFORMATION: authorized by the provisions of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the Fish and Wildlife Service issued the requested permits subject to certain conditions set forth therein. MARINE MAMMALS Permit No. 125911 130149 130438 132483 Applicant .............. .............. .............. .............. Craig A. Stanley ..................................................... Kevin T. Klumper ................................................... William I. Morgan, Jr. ............................................. Hartwell N. Riser, Jr. ............................................. Dated: December 15, 2006. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7–750 Filed 1–18–07; 8:45 am] DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Service Regulations Committee Meeting Fish and Wildlife Service, Interior. ACTION: Notice of meeting. AGENCY: The Fish and Wildlife Service (hereinafter Service) will conduct an open meeting on February 8, 2007, to identify and discuss preliminary issues concerning the 2007–08 migratory bird hunting regulations. DATES: The meeting will be held February 8, 2007. ADDRESSES: The Service Regulations Committee will meet at the Embassy Suites Hotel, Denver—International Airport, 7001 Yampa Street, Denver, Colorado, (303) 574–3000. FOR FURTHER INFORMATION CONTACT: Robert Blohm, Acting Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, ms MBSP–4107–ARLSQ, 1849 C Street, NW., Washington, DC 20240, (703) 358–1714. SUPPLEMENTARY INFORMATION: Under the authority of the Migratory Bird Treaty Act (16 U.S.C. 703–712), the U.S. Fish and Wildlife Service regulates the hunting of migratory game birds. We update the migratory game bird hunting regulations, located at 50 CFR part 20, annually. Through these regulations, we establish the frameworks, or outside limits, for season lengths, bag limits, and areas for migratory game bird hunting. To help us in this process, we have administratively divided the sroberts on PROD1PC70 with NOTICES SUMMARY: 18:10 Jan 18, 2007 Jkt 211001 71 71 71 71 FR FR FR FR 42409; 60564; 60564; 60561; July 26, 2006 .................................. October 13, 2006 ........................... October 13, 2006 ........................... October 13, 2006 ........................... nation into four Flyways (Atlantic, Mississippi, Central, and Pacific), each of which has a Flyway Council. Representatives from the Service, the Service’s Migratory Bird Regulations Committee, and Flyway Council Consultants will meet on February 8, 2007, at 8:30 a.m. to identify preliminary issues concerning the 2007– 08 migratory bird hunting regulations for discussion and review by the Flyway Councils at their March meetings. In accordance with Departmental policy regarding meetings of the Service Regulations Committee attended by any person outside the Department, these meetings are open to public observation. BILLING CODE 4310–55–P VerDate Aug<31>2005 Receipt of application Federal Register notice Dated: December 11, 2006. Paul R. Schmidt, Assistant Director, Migratory Birds, U.S. Fish and Wildlife Service. [FR Doc. E7–753 Filed 1–18–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of Draft Report of Findings Under the Native American Graves Protection and Repatriation Act on a Feathered Headdress in the Possession of the Department of the Interior, Fish and Wildlife Service, Washington, DC Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: SUMMARY: Notice is hereby given in accordance with provisions of the Native American Graves Protection and Repatriation Act (NAGPRA) of the availability of the Report of Findings on a feathered headdress in the possession of the U.S. Fish and Wildlife Service (Service) and in the control of the Department of the Interior (DOI). This notice is given so that the Service may continue to fulfill its obligations under NAGPRA by distributing its findings for PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Permit issuance date November December December December 20, 2006. 5, 2006. 8, 2006. 1, 2006. review by all interested parties. Copies of this report have already been provided to the requesting Tribes. DATES: We must receive comments by February 20, 2007. ADDRESSES: Please submit written comments to the Assistant Director, National Wildlife Refuge System, 1849 C Street, NW., Washington, DC 20240, attention: Eugene Marino or by FAX (703) 358–2517. FOR FURTHER INFORMATION CONTACT: Mr. Eugene Marino, Service Archaeologist, (703) 358–2173. SUPPLEMENTARY INFORMATION: The object in question is a feathered headdress that was forfeited to the United States Government in November 2001 as part of a guilty plea agreement resulting from an attempt to sell it in violation of Sections 703 and 707(a) of the Migratory Bird Treaty Act (16 U.S.C. 703–711). After consulting with various parties, the United States District Court for the Eastern District of Pennsylvania ruled that the forfeited object would be turned over to the Department of the Interior for care and disposition under the Native Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001, et seq., and as codified in 43 CFR 10.8. The headdress is ornamented with golden eagle feathers and is now under the control of the DOI and in the possession of the Service. An initial assessment of the object indicates that it was likely manufactured during the first decade of the 20th Century. Documentation submitted to the Court during the trial alleges that the headdress was manufactured for use in ‘‘The Last PowWow,’’ a gathering of tribal chiefs, which occurred in 1907 in Collinsville, Indian Territory, which is now the State of Oklahoma. The Comanche Chief Quannah Parker purportedly offered the headdress to the Apache Chief Geronimo for use during the event. Other documentation submitted for the Court’s consideration alleges that Chief E:\FR\FM\19JAN1.SGM 19JAN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices Geronimo took possession of the headdress and subsequently gave it to his Government escort, Jack Moore, as an act of friendship. After Geronimo’s death in 1909, Jack Moore allegedly gave the headdress to an acquaintance, whose family retained the object until an attempt was made to sell it illegally in 1999. The Report of Findings documents the review of the headdress under NAGPRA for two claims received, one by the Comanche Nation and the other by the Mescalero Apache. The Report notes that for the Comanche Nation, the preponderance of evidence submitted to the Service does not indicate a relationship of shared group identity between the present day tribe—the Comanche Nation—and an identifiable earlier group—the Chiricahua Apache—with whom the headdress is associated [43 CFR 10.2 (4) and (4e)]. Given the inability of the Comanche to provide evidence supporting their assertion of cultural affiliation, the Service is unable to evaluate their claim for the headdress as an object of cultural patrimony under NAGPRA. The report notes that for the Mescalero Apache, the preponderance of evidence submitted to the Service does indicate a relationship of shared group identity between an identifiable earlier group—the Chiricahua Apache— with whom the headdress is associated [43 CFR 10.2 4 and e] and the Mescalero Apache—the present day tribe culturally affiliated to the object. The Service evaluation of the headdress as an object of cultural patrimony for the Mescalero Apache finds that the headdress does not meet the definition of an object of cultural patrimony under NAGPRA (43 CFR 10.4). Evidence provided to support the request connects the headdress to Geronimo—a member of the Chiricahua Apache—and asserts that the headdress was ‘constructed’ solely for distribution to attendees of the 1907 Pow Wow and was given to Geronimo in that capacity. The Service continues to manage the object as a forfeited item and has not accessioned it into the Service’s Museum Property inventory. Although evidence collected as part of the NAGPRA Report of Findings does not support a decision to repatriate the headdress to the Mescalero Apache or Comanche Nation as an ‘‘object of cultural patrimony,’’ the Service intends to transfer the headdress to both Tribes following procedures under 50 CFR Subpart D 12.33. This regulation permits the donation of forfeited items for scientific, educational, or public display purposes to any person who VerDate Aug<31>2005 18:10 Jan 18, 2007 Jkt 211001 demonstrates the ability to provide adequate care and security for the object. A 2003 Compromise and Settlement Agreement signed by both Tribes stipulates terms of care and security for the object that follow standards established by the American Association of Museums (AAM). The Service finds this agreement to be satisfactory to ensuring the necessary level of care and security for the headdress as required under 50 CFR part 12. The announcement of this report makes available our draft findings for review by interested parties and continues to fulfill the Service’s requirements under NAGPRA and announces our intentions for disposition. Dated: January 9, 2007. Kenneth Stansell, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. E7–759 Filed 1–18–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Gaming on Trust Lands Acquired After October 17, 1988; Submission to the Office of Management and Budget Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is submitting the information collection request for review and renewal by the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). The collection is: Gaming on Trust Lands Acquired after October 17, 1988, OMB Control Number 1076–0158. DATES: Submit your comments and suggestions on or before February 20, 2007 to be assured of consideration. ADDRESSES: Written comments should be sent directly to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Desk Officer for the Department of the Interior, either by facsimile at 202–395–6566 or by e-mail at OIRA_DOCKET@omb.eop.gov. Send a copy of your comments to: Mr. George Skibine, Bureau of Indian Affairs, Office of Indian Gaming, Mail Stop 3657–MIB, 1849 C Street, NW., Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Interested persons may obtain copies of PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 2543 the information collection requests without charge by contacting George Skibine at 202–219–4066 or facsimile number 202–273–3153. SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 provides an opportunity for interested parties to comment on proposed information collection requests. We did not receive any comments during the request for comments period published October 25, 2006 (71 FR 62486). The Bureau of Indian Affairs, Office of Indian Gaming, is proceeding with requesting an information collection clearance from OMB. Each request contains (1) Type of review, (2) title, (3) summary of the collection, (4) respondents, (5) frequency of collection, (6) reporting and record keeping requirements. Please note that we will not sponsor nor conduct, and you need not respond to, a request for information unless we display the OMB control number and the expiration date. Gaming on Trust Lands Acquired After October 17, 1988 Type of review: Renewal. Title: Gaming on Trust Lands Acquired after October 17, 1988, 25 CFR 292. Summary: The collection of information will ensure that the provisions of the Indian Gaming Regulatory Act, the relevant provisions of State laws, Federal law and the trust obligations of the United States are met when federally recognized tribes seek a secretarial determination that a gaming establishment would be in the best interest of the tribe and would not be detrimental to the surrounding community. Section 292.8 specifies the information collection requirement. An Indian tribe must ask the Secretary to make a determination that a gaming establishment would be in the best interest of the tribe and would not be detrimental to the surrounding community. The information to be collected includes: name of tribe, tribal documents, description of the land to be acquired, proof of ownership, distance of land from the Indian tribe’s reservation or trust lands and other documents deemed necessary. Collection of this information is currently authorized under an approval by OMB (OMB Control Number 1076– 0158). All information is collected when the tribe submits a request for a secretarial determination that a gaming establishment would be in the best interest of the tribe and would not be detrimental to the surrounding community. Annual reporting and record keeping burden for this E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Pages 2542-2543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-759]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of Draft Report of Findings Under the 
Native American Graves Protection and Repatriation Act on a Feathered 
Headdress in the Possession of the Department of the Interior, Fish and 
Wildlife Service, Washington, DC

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given in accordance with provisions of the 
Native American Graves Protection and Repatriation Act (NAGPRA) of the 
availability of the Report of Findings on a feathered headdress in the 
possession of the U.S. Fish and Wildlife Service (Service) and in the 
control of the Department of the Interior (DOI). This notice is given 
so that the Service may continue to fulfill its obligations under 
NAGPRA by distributing its findings for review by all interested 
parties. Copies of this report have already been provided to the 
requesting Tribes.

DATES: We must receive comments by February 20, 2007.

ADDRESSES: Please submit written comments to the Assistant Director, 
National Wildlife Refuge System, 1849 C Street, NW., Washington, DC 
20240, attention: Eugene Marino or by FAX (703) 358-2517.

FOR FURTHER INFORMATION CONTACT: Mr. Eugene Marino, Service 
Archaeologist, (703) 358-2173.

SUPPLEMENTARY INFORMATION: The object in question is a feathered 
headdress that was forfeited to the United States Government in 
November 2001 as part of a guilty plea agreement resulting from an 
attempt to sell it in violation of Sections 703 and 707(a) of the 
Migratory Bird Treaty Act (16 U.S.C. 703-711). After consulting with 
various parties, the United States District Court for the Eastern 
District of Pennsylvania ruled that the forfeited object would be 
turned over to the Department of the Interior for care and disposition 
under the Native Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3001, et seq., and as codified in 43 CFR 10.8. The headdress is 
ornamented with golden eagle feathers and is now under the control of 
the DOI and in the possession of the Service.
    An initial assessment of the object indicates that it was likely 
manufactured during the first decade of the 20th Century. Documentation 
submitted to the Court during the trial alleges that the headdress was 
manufactured for use in ``The Last Pow-Wow,'' a gathering of tribal 
chiefs, which occurred in 1907 in Collinsville, Indian Territory, which 
is now the State of Oklahoma. The Comanche Chief Quannah Parker 
purportedly offered the headdress to the Apache Chief Geronimo for use 
during the event. Other documentation submitted for the Court's 
consideration alleges that Chief

[[Page 2543]]

Geronimo took possession of the headdress and subsequently gave it to 
his Government escort, Jack Moore, as an act of friendship. After 
Geronimo's death in 1909, Jack Moore allegedly gave the headdress to an 
acquaintance, whose family retained the object until an attempt was 
made to sell it illegally in 1999.
    The Report of Findings documents the review of the headdress under 
NAGPRA for two claims received, one by the Comanche Nation and the 
other by the Mescalero Apache.
    The Report notes that for the Comanche Nation, the preponderance of 
evidence submitted to the Service does not indicate a relationship of 
shared group identity between the present day tribe--the Comanche 
Nation--and an identifiable earlier group--the Chiricahua Apache--with 
whom the headdress is associated [43 CFR 10.2 (4) and (4e)]. Given the 
inability of the Comanche to provide evidence supporting their 
assertion of cultural affiliation, the Service is unable to evaluate 
their claim for the headdress as an object of cultural patrimony under 
NAGPRA.
    The report notes that for the Mescalero Apache, the preponderance 
of evidence submitted to the Service does indicate a relationship of 
shared group identity between an identifiable earlier group--the 
Chiricahua Apache--with whom the headdress is associated [43 CFR 10.2 4 
and e] and the Mescalero Apache--the present day tribe culturally 
affiliated to the object.
    The Service evaluation of the headdress as an object of cultural 
patrimony for the Mescalero Apache finds that the headdress does not 
meet the definition of an object of cultural patrimony under NAGPRA (43 
CFR 10.4). Evidence provided to support the request connects the 
headdress to Geronimo--a member of the Chiricahua Apache--and asserts 
that the headdress was `constructed' solely for distribution to 
attendees of the 1907 Pow Wow and was given to Geronimo in that 
capacity.
    The Service continues to manage the object as a forfeited item and 
has not accessioned it into the Service's Museum Property inventory. 
Although evidence collected as part of the NAGPRA Report of Findings 
does not support a decision to repatriate the headdress to the 
Mescalero Apache or Comanche Nation as an ``object of cultural 
patrimony,'' the Service intends to transfer the headdress to both 
Tribes following procedures under 50 CFR Subpart D 12.33. This 
regulation permits the donation of forfeited items for scientific, 
educational, or public display purposes to any person who demonstrates 
the ability to provide adequate care and security for the object. A 
2003 Compromise and Settlement Agreement signed by both Tribes 
stipulates terms of care and security for the object that follow 
standards established by the American Association of Museums (AAM). The 
Service finds this agreement to be satisfactory to ensuring the 
necessary level of care and security for the headdress as required 
under 50 CFR part 12.
    The announcement of this report makes available our draft findings 
for review by interested parties and continues to fulfill the Service's 
requirements under NAGPRA and announces our intentions for disposition.

     Dated: January 9, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
 [FR Doc. E7-759 Filed 1-18-07; 8:45 am]
BILLING CODE 4310-55-P
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