[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17953-17954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7936]
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DEPARTMENT OF THE INTERIOR
National Park Service
Native American Graves Protection and Repatriation Review
Committee Findings Related to the Identity of Cultural Items in the
Possession of the American Museum of Natural History, New York, NY
AGENCY: National Park Service, Interior.
ACTION: Native American Graves Protection and Repatriation Review
Committee: Findings.
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This notice is published as part of the National Park Service's
administrative responsibilities pursuant to the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3006(g)). The findings of
fact do not necessarily represent the views of the National Park
Service or the Secretary of the Interior.
SUMMARY: The Native American Graves Protection and Repatriation Review
Committee (Review Committee) was established by section 8 of the Native
American Graves Protection and Repatriation Act (NAGPRA; 25 U.S.C.
3006), and is an advisory body governed by the Federal Advisory
Committee Act (5 App. U.S.C. 1-16). At its October 30-31, 2009, public
meeting in Sarasota, FL, the Review Committee, acting pursuant to its
statutory responsibility (25 U.S.C. 3006(c)(3)), reviewed the record
and made findings of fact related to the identity of 45 cultural items
in the possession of the American Museum of Natural History at the
request of the San Carlos Apache Tribe and the White Mountain Apache
Tribe, acting through the Western Apache NAGPRA Working Group. The
Review Committee found that each of the 45 cultural items was both a
``sacred object'' (25 U.S.C. 3001(3)(C), 43 CFR 10.2(d)(3)) and
``cultural patrimony'' (25 U.S.C. 3001(3)(D), 43 CFR 10.2(d)(4)).
SUPPLEMENTARY INFORMATION: In June 2007, the San Carlos Apache Tribe
and the White Mountain Apache Tribe, acting through the Western Apache
NAGPRA Working Group, submitted a request for repatriation of certain
items in the possession of the American Museum of Natural History. The
San Carlos Apache Tribe requested the repatriation of 29 items, and the
White Mountain Apache Tribe requested the repatriation of 16 different
items. The San Carlos Apache Tribe and the White Mountain Apache Tribe
claimed each item as both a ``sacred object'' (25 U.S.C. 3001(3)(C), 43
CFR 10.2(d)(3)) and ``cultural patrimony'' (25 U.S.C. 3001(3)(D), 43
CFR 10.2(d)(4)).
In response, the American Museum of Natural History agreed that the
repatriation request satisfied the criteria for such requests (43 CFR
10.10(a)). Though it agreed that the information in the repatriation
request showed that each of the 45 items in question was a ``cultural
item'', the American Museum of Natural History would neither agree nor
disagree that the items belonged to the category of sacred object and
the category of cultural patrimony, and it identified the items as
``cultural items'' in its two notices of intent to repatriate the 45
cultural items that were published in the Federal Register on March 9,
2009 (74 Fed. Reg. 10,066 and 10,069).
The American Museum of Natural History's position regarding the
category or categories of cultural item to which each of the 45
cultural items belonged led the San Carlos Apache Tribe and the White
Mountain Apache Tribe, acting through the Western Apache NAGPRA Working
Group, to request from the Review Committee findings of fact on the
identity, by category, of each cultural item. The Review Committee
Chair agreed to the request.
At its October 30-31, 2009, meeting, the Review Committee reviewed
the repatriation request from the San Carlos Apache Tribe and the White
Mountain Apache Tribe for the 45 cultural items, and heard
presentations by the San Carlos Apache Tribe and the White Mountain
Apache Tribe in order to answer two questions. The first question was:
Did the written repatriation request--the initial document, dated June
7, 2006, plus all relevant subsequent documents sent prior to January
22, 2009--submitted to the American Museum of Natural History (Museum)
by the San Carlos Apache Tribe and the White Mountain Apache Tribe,
through the Western Apache NAGPRA Working Group, for items deemed by
the requesting tribes to be both ``sacred objects'' and ``cultural
patrimony'', show that, more likely than not, some or all of the 45
items that the Museum stated were ``cultural items'' in their Notices
of Intent to Repatriate in fact were ``sacred objects'', as defined at
25 U.S.C. 3001(3)(C) and 43 CFR
[[Page 17954]]
10.2(d)(3)? If yes, which cultural items were shown to be sacred
objects? The second question was: Did the written request for
repatriation referenced in Question #1 show that, more likely than not,
some or all of the 45 items that the Museum stated were ``cultural
items'' in their Notices of Intent to Repatriate in fact were
``cultural patrimony'', as defined at 25 U.S.C. 3001CFR 10.2(d)(4)? If
yes, which cultural items were shown to be cultural patrimony?
Findings of Fact: By a unanimous vote--six members, comprising a
quorum, were present--the Review Committee found that the information
contained in the written repatriation request submitted to the American
Museum of Natural History by the San Carlos Apache Tribe and the White
Mountain Apache Tribe, as well as the information presented by the
tribes to the Review Committee on October 30, 2009, in Sarasota,
Florida, showed that, more likely than not, each of the 45 cultural
items was both a ``sacred object'' and ``cultural patrimony.''
Dated: February 2, 2010.
Dan Monroe,
Acting Chair, Native American Graves Protection and Repatriation Review
Committee.
[FR Doc. 2010-7936 Filed 4-7-10; 8:45 am]
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