Notice of Intent to Repatriate Cultural Items: Amerind Foundation Museum, Amerind Foundation, Inc., Dragoon, AZ; Correction, 16901-16902 [E8-6571]

Download as PDF Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices Management Act of 1976, 43 U.S.C. 1714 (2000), it is ordered as follows: The Secretarial Orders dated July 6, 1925 and April 1, 1941, which withdrew lands from surface entry and mining and reserved them on behalf of the Bureau of Reclamation for the Salt Lake Basin and Gooseberry Projects, are hereby modified to expire 20 years from the effective date of this order unless, as a result of a review conducted before the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (2000), the Secretary determines that the withdrawals shall be extended. Dated: March 20, 2008. C. Stephen Allred, Assistant Secretary—Land and Minerals Management. [FR Doc. E8–6583 Filed 3–28–08; 8:45 am] BILLING CODE 4310–MN–P DEPARTMENT OF THE INTERIOR National Park Service Notice of Intent to Repatriate Cultural Items: Amerind Foundation Museum, Amerind Foundation, Inc., Dragoon, AZ; Correction National Park Service, Interior. Notice; correction. AGENCY: mmaher on PROD1PC76 with NOTICES ACTION: 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 Amerind Foundation Museum, Amerind Foundation, Inc., Dragoon, AZ, that meet the definition of ‘‘objects of cultural patrimony’’ and ‘‘sacred objects’’ 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. This notice replaces a previously published Notice of Intent to Repatriate in the Federal Register of December 19, 2007, (FR Doc E7–24645, page 71964), by identifying the cultural items as both ‘‘objects of cultural patrimony’’ and as ‘‘sacred objects.’’ The cultural items were originally only identified as ‘‘sacred objects.’’ The 140 objects include 38 painted wooden hoops; 17 painted wooden wands; 17 miscellaneous mask-making raw materials (sticks, feathers, leather); VerDate Aug<31>2005 18:00 Mar 28, 2008 Jkt 214001 16 ‘‘bowed crosses;’’ 16 ceremonial Gaan masks; 9 painted wooden crosses; 7 plant stem bundles (sage, fir, bear grass); 5 painted wooden staves; 5 wooden drumsticks; 4 painted ‘‘headed’’ sticks; 3 wooden bullroars; 1 metal tulapai strainer; 1 metal bread cooker; and 1 eagle feather bundle. The cultural items are from the William Neil Smith Apache Collection. The collection is well documented by photographs and journals, and supplemented by interviews conducted with Mr. Smith by the staff of the Arizona State Museum in Tucson. In the spring of 1942, the 140 cultural items were removed from caves in the vicinity of Canyon Day on the Fort Apache Reservation in eastern Arizona by William Neil Smith, a collector from Tucson, AZ. In October 1942, the collection was loaned by Mr. Smith to the Arizona State Museum on the condition that it would be returned when Mr. Smith was released from active duty in the military. From 1944 to 1945, letters were exchanged between the director of the Arizona State Museum, superintendent of the Fort Apache Reservation, and Chair of the Fort Apache Tribal Council, and it was determined at that time that the collections were removed illegally. On October 1, 1945, the Fort Apache Tribal Council voted unanimously to donate the entire collection to the Arizona State Museum, to use them as the museum saw fit. Accordingly, the collection was accessioned into the permanent collection of the Arizona State Museum, and there are no further entries on the collection in the Arizona State Museum files until 1959. In November 1959, in response to a request from Mr. Smith to reclaim his 1942 loan from the Arizona State Museum, museum staff informed Mr. Smith that the Apache ceremonial objects had been donated to the museum by the Apache Tribal Council and, therefore, would not be returned. However, the collection was returned to Mr. Smith. On November 11, 1963, the collection was sold in its entirety to a member of the Amerind Foundation Board of Directors. The member donated the materials to the Amerind Foundation where it was accessioned into the foundation’s permanent collection (Accession Nos. 4499–4583). In April 1966, the Arizona State Museum provided the Amerind with copies of photographs, catalog cards, and other records pertaining to the cultural items. In June 2005, the Amerind Foundation consulted with tribal representatives of the San Carlos Apache Tribe of the San Carlos PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 16901 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. Tribal representatives identified the cultural items as culturally affiliated with Western Apache Indian tribes. In August 2005, the White Mountain Apache Tribe of the Fort Apache Reservation, Arizona formally requested the return of all materials in the collection as sacred objects for the practice of traditional Native American religion by their present–day adherents. The cultural items were originally made and used by Western Apache religious leaders during the annual ceremonial cycle. These ceremonial activities remain an important part of White Mountain Apache daily life. According to White Mountain Apache cultural tradition, once the objects were used they were to be curated according to traditional religious practices and never used or seen again by humans. According to the traditional cultural authorities, the cultural items also have ongoing historical, traditional, and cultural importance to the Western Apache, and today, must be returned to the tribes representing the Western Apache to fully complete the ceremonial cycle into which they were introduced; as such, the cultural items are objects of cultural patrimony. In 2006, the Amerind Foundation Board of Directors voted unanimously to treat the William Neil Smith Collection as stolen property and to return all 140 cultural items to the White Mountain Apache Tribe of the Fort Apache Reservation, Arizona. Officials of the Amerind Foundation Museum have determined that, pursuant to 25 U.S.C. 3001 (3)(C), the 140 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 Amerind Foundation Museum have determined that, pursuant to 25 U.S.C. 3001 (3)(D), the 140 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 Amerind Foundation Museum 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 sacred objects/objects of cultural patrimony and the White Mountain E:\FR\FM\31MRN1.SGM 31MRN1 16902 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices 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 Dr. John A. Ware, Executive Director, Amerind Foundation Museum, Amerind Foundation, Inc., P.O. Box 400, 2100 North Amerind Road, Dragoon, AZ 85609, telephone (520) 586–3666, before April 30, 2008. 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. The Amerind Foundation 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: February 20, 2008. Sherry Hutt, Manger, National NAGPRA Program. [FR Doc. E8–6571 Filed 3–28–08; 8:45 am] BILLING CODE 4312–50–S DEPARTMENT OF THE INTERIOR National Park Service Notice of Intent to Repatriate Cultural Items: Maryhill Museum of Art, Goldendale, WA National Park Service, Interior. Notice. AGENCY: mmaher on PROD1PC76 with NOTICES ACTION: 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 Maryhill Museum of Art, Goldendale, WA, that meet the definition of ‘‘unassociated funerary objects’’ 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. In 1943, Native American items were loaned to the Maryhill Museum of Art by Harvey T. and Bessie Day Harding of Wenatchee, WA. In 1979, their children, VerDate Aug<31>2005 18:00 Mar 28, 2008 Jkt 214001 Ethel L. Harding, Helen Harding Schmidt, and Charles L. Harding gifted the collection to the museum (Maryhill Accession, 1979.02). Most of the cultural items in the collection were gathered by H.T. Harding and his associates between 1920 and 1928 along the Columbia River in Oregon and Washington. Mr. Harding’s documentation of his collection recorded four cedar burial markers, probably found at three different sites along the Columbia River. However, there are only two cedar burial markers presently in the possession of Maryhill Museum. It is unknown which two of the original four were donated to the museum. The two cedar burial markers are four feet long. According to Mr. Harding’s documentation, he received two cedar burial markers in September of 1923 from Mrs. S. Bowman. The two burial markers from Mrs. Bowman were collected by S. Bowman ‘‘about 15 years ago from a party near Coal Springs, Oregon, about 10 miles from Wallula. These being in duplicate,’’ Mr.Harding reported, he then donated one to Adam H. East ‘‘to pay for one that he gave me about 2 years ago.’’ Although Mr. East often accompanied Mr. Harding, it is reported that most of Mr. East’s collection came from the area near Moses Lake, WA, where it still resides in the Moses Lake Art Center. At Wahluke Ferry, approximately 15 miles south east of Priest Rapids, Mr. Harding reported receiving the following from H. Glauzman, ‘‘One Totem, an older specimen than those described above.’’ It is believed that this is also a cedar burial marker. During consultation, representatives of the Confederated Tribes of the Umatilla Reservation, Oregon, provided historical evidence that the Imatalamlama had a spring and summer camp between Umatilla and Cold Springs Junction (also known as Coal Springs) called Tk’uyipa, or ‘‘at tule place.’’ They have also identified several other nearby sites that were important fishing, camping, and burial areas to the Imatalamlama and Weyiiletpuu and are located within the area from which the cultural items were removed. The Imatalamlama are members of the Confederated Tribes of the Umatilla Reservation, Oregon and the Wanapum Band, a non-federally recognized Indian group. However, since it is unknown which of the sites the two burial markers were removed from and many of the sites are the traditional and aboriginal use lands common to the Umatilla, Yakama, and Wanapum, officials of the Maryhill Museum of Art reasonably believe that PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 there is a possible shared group relationship between the burial markers and the Umatilla, Yakama, and Wanapum. Descendants of the Umatilla are members of the Confederated Tribes of the Umatilla Reservation, Oregon. Descendants of the Yakama are members of the Confederated Tribes and Bands of the Yakama Nation, Washington. Descendants of the Wanapum are members of the Wanapum Band, a non-federally recognized Indian group. Officials of the Maryhill Museum of Art have determined that, pursuant to 25 U.S.C. 3001 (3)(B), the two 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 an Native American individual. Officials of the Maryhill Museum of Art 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 unassociated funerary objects and the Confederated Tribes of the Umatilla Reservation, Oregon and possibly the Confederated Tribes and Bands of the Yakama Nation, Washington. Furthermore, officials of the Maryhill Museum of Art have determined that there may be a cultural relationship between the unassociated funerary objects and the Wanapum Band, a nonfederally recognized Indian group. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the unassociated funerary objects should contact, Colleen Schafroth, Executive Director, Maryhill Museum of Art, 35 Maryhill Museum Drive, Goldendale, WA 98620, telephone (509) 773–3733, before April 30, 2008. Repatriation of the unassociated funerary objects to the Confederated Tribes of the Umatilla Reservation, Oregon may proceed after that date if no additional claimants come forward. Maryhill Museum of Art is responsible for notifying the Confederated Tribes of the Umatilla Reservation, Oregon; Confederated Tribes and Bands of the Yakama Nation, Washington; and Wanapum Band, a non-federally recognized Indian group that this notice has been published. Dated: March 15, 2008. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8–6561 Filed 3–28–08; 8:45 am] BILLING CODE 4312–50–S E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Notices]
[Pages 16901-16902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6571]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: Amerind Foundation 
Museum, Amerind Foundation, Inc., Dragoon, AZ; Correction

AGENCY: National Park Service, Interior.

ACTION: Notice; correction.

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

    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 Amerind 
Foundation Museum, Amerind Foundation, Inc., Dragoon, AZ, that meet the 
definition of ``objects of cultural patrimony'' and ``sacred objects'' 
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.
    This notice replaces a previously published Notice of Intent to 
Repatriate in the Federal Register of December 19, 2007, (FR Doc E7-
24645, page 71964), by identifying the cultural items as both ``objects 
of cultural patrimony'' and as ``sacred objects.'' The cultural items 
were originally only identified as ``sacred objects.''
    The 140 objects include 38 painted wooden hoops; 17 painted wooden 
wands; 17 miscellaneous mask-making raw materials (sticks, feathers, 
leather); 16 ``bowed crosses;'' 16 ceremonial Gaan masks; 9 painted 
wooden crosses; 7 plant stem bundles (sage, fir, bear grass); 5 painted 
wooden staves; 5 wooden drumsticks; 4 painted ``headed'' sticks; 3 
wooden bullroars; 1 metal tulapai strainer; 1 metal bread cooker; and 1 
eagle feather bundle. The cultural items are from the William Neil 
Smith Apache Collection. The collection is well documented by 
photographs and journals, and supplemented by interviews conducted with 
Mr. Smith by the staff of the Arizona State Museum in Tucson.
    In the spring of 1942, the 140 cultural items were removed from 
caves in the vicinity of Canyon Day on the Fort Apache Reservation in 
eastern Arizona by William Neil Smith, a collector from Tucson, AZ. In 
October 1942, the collection was loaned by Mr. Smith to the Arizona 
State Museum on the condition that it would be returned when Mr. Smith 
was released from active duty in the military. From 1944 to 1945, 
letters were exchanged between the director of the Arizona State 
Museum, superintendent of the Fort Apache Reservation, and Chair of the 
Fort Apache Tribal Council, and it was determined at that time that the 
collections were removed illegally. On October 1, 1945, the Fort Apache 
Tribal Council voted unanimously to donate the entire collection to the 
Arizona State Museum, to use them as the museum saw fit. Accordingly, 
the collection was accessioned into the permanent collection of the 
Arizona State Museum, and there are no further entries on the 
collection in the Arizona State Museum files until 1959.
    In November 1959, in response to a request from Mr. Smith to 
reclaim his 1942 loan from the Arizona State Museum, museum staff 
informed Mr. Smith that the Apache ceremonial objects had been donated 
to the museum by the Apache Tribal Council and, therefore, would not be 
returned. However, the collection was returned to Mr. Smith. On 
November 11, 1963, the collection was sold in its entirety to a member 
of the Amerind Foundation Board of Directors. The member donated the 
materials to the Amerind Foundation where it was accessioned into the 
foundation's permanent collection (Accession Nos. 4499-4583). In April 
1966, the Arizona State Museum provided the Amerind with copies of 
photographs, catalog cards, and other records pertaining to the 
cultural items.
    In June 2005, the Amerind Foundation consulted with tribal 
representatives of 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. Tribal 
representatives identified the cultural items as culturally affiliated 
with Western Apache Indian tribes.
    In August 2005, the White Mountain Apache Tribe of the Fort Apache 
Reservation, Arizona formally requested the return of all materials in 
the collection as sacred objects for the practice of traditional Native 
American religion by their present-day adherents. The cultural items 
were originally made and used by Western Apache religious leaders 
during the annual ceremonial cycle. These ceremonial activities remain 
an important part of White Mountain Apache daily life. According to 
White Mountain Apache cultural tradition, once the objects were used 
they were to be curated according to traditional religious practices 
and never used or seen again by humans.
    According to the traditional cultural authorities, the cultural 
items also have ongoing historical, traditional, and cultural 
importance to the Western Apache, and today, must be returned to the 
tribes representing the Western Apache to fully complete the ceremonial 
cycle into which they were introduced; as such, the cultural items are 
objects of cultural patrimony.
    In 2006, the Amerind Foundation Board of Directors voted 
unanimously to treat the William Neil Smith Collection as stolen 
property and to return all 140 cultural items to the White Mountain 
Apache Tribe of the Fort Apache Reservation, Arizona.
    Officials of the Amerind Foundation Museum have determined that, 
pursuant to 25 U.S.C. 3001 (3)(C), the 140 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 
Amerind Foundation Museum have determined that, pursuant to 25 U.S.C. 
3001 (3)(D), the 140 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 Amerind Foundation Museum 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 sacred objects/objects of cultural patrimony and the White 
Mountain

[[Page 16902]]

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 Dr. John A. Ware, Executive Director, Amerind 
Foundation Museum, Amerind Foundation, Inc., P.O. Box 400, 2100 North 
Amerind Road, Dragoon, AZ 85609, telephone (520) 586-3666, before April 
30, 2008. 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.
    The Amerind Foundation 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: February 20, 2008.
Sherry Hutt,
Manger, National NAGPRA Program.
[FR Doc. E8-6571 Filed 3-28-08; 8:45 am]
BILLING CODE 4312-50-S