[Federal Register: June 14, 2001 (Volume 66, Number 115)]
[Page 32373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



National Park Service

Notice of Intent to Repatriate a Cultural Item in the Possession
of Cornell University, Ithaca, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.


    Notice is hereby given under the Native American Graves Protection
and Repatriation Act, 43 CFR 10.10 (a)(3), of the intent to repatriate
a cultural item in the possession of Cornell University, Ithaca, NY,
that meets the definition of ``object of cultural patrimony'' under
Section 2 of the Act.
    This notice is published as part of the National Park Service's
administrative responsibilities under NAGPRA, 43 CFR 10.2 (c). The
determinations within this notice are the sole responsibility of the
museum, institution, or Federal agency that has control of these
cultural items. The National Park Service is not responsible for the
determinations within this notice.
    The item is a carved wooden totem pole. The pole includes eagle,
beaver, and halibut crest designs.
    Museum records indicate that Cornell University obtained the totem
pole in 1899 as a gift from Bernhard Fernow, former dean of the New
York State College of Forestry at Cornell University. Professor Fernow
served as a member of the Harriman Expedition, which removed totem
poles and other objects from Cape Fox Village, AK, in 1899.
    Evidence for cultural affiliation is provided by historical
literature, crests on the pole, and written materials submitted by the
Cape Fox Corporation.
    Based on the above information, officials of Cornell University
have determined that, pursuant to 43 CFR 10.2 (d)(4), this cultural
item has ongoing historical, traditional, and cultural importance
central to the Tlingit people, and to the Neix.adi clan in particular,
and that under the Tlingit system of communal property ownership could
not have been alienated, appropriated, or conveyed by any individual.
Officials of Cornell University also have determined that, pursuant to
43 CFR 10.2 (e), there is a relationship of shared group identity that
can be reasonably traced between this object of cultural patrimony and
the Neix.adi clan of the Tlingit Tribe, whose interests are represented
here by the Cape Fox Corporation.
    This notice has been sent to officials of the Cape Fox Corporation.
Representatives of any other Indian tribe that believes itself to be
culturally affiliated with this object of cultural patrimony should
contact Patricia A. McClary, Associate University Counsel, Cornell
University, 300 CCC Building, Garden Avenue, Ithaca, NY 14853-2601,
telephone (607) 255-5124, before July 16, 2001. Repatriation of this
object of cultural patrimony to the Cape Fox Corporation may begin
after that date if no additional claimants come forward.

    Dated: May 18, 2001
 John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-14991 Filed 6-13-01; 8:45 am]
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