FR Doc 03-17271
[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Notices]
[Page 41010-41011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-127]

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

DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: U.S. Department of
the Interior, U.S. Fish and Wildlife Service, Office of Law
Enforcement, Albuquerque, NM

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

    Notice is here given in accordance with the Native American Graves
Protection and Repatriation Act (NAGPRA), 43 CFR 10.8 (f), of the
intent to repatriate cultural items in the possession of the U.S.
Department of the Interior, U.S. Fish and Wildlife Service, Office of
Law Enforcement, Albuquerque, NM, that meet the definitions of sacred
objects and 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 within 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 within this notice.
    The 45 cultural items are 1 cougar foot; 1 small eagle feather; 2
bundles of eagle feathers wrapped in cotton calico and kept in a
leather pouch; 7 hair ties with eagle feathers; 1 gourd rattle; 8
wooden talking prayer sticks with eagle feathers; 4 miniature bows with
feathers; 4 carved wooden snakes; 2 stone talking sticks wrapped in
colored yarn; 1 deerskin bag containing several bags of herbs and a
memory aid; 1 deerskin bag containing several bags of herbs, stones, a
bandolier adorned with eagle and hawk talons and toes from mammals, and
reeds and sticks adorned with migratory bird feathers; 1 leather bag
containing 2 talking prayer sticks with eagle and turkey feathers, and
5 hair ties with eagle feathers; 1 bag containing stones, bags of
herbs, and beads; 1 medicine bundle containing herbs; 1 bundle of
rattles and talking prayer sticks; 2 stone axes or chamajillas; and 7
bull-roarers.
    During 1999 and 2000, the U.S. Department of the Interior, U.S.
Fish and Wildlife Service, Office of Law Enforcement, Albuquerque, NM,
participated in an undercover investigation of several individuals
believed to be engaged in the illegal trafficking of Native American
cultural items. Federal agents purchased or seized several cultural
items as part of the investigation. On September 10, 2002, Joshua Baer
and Thomas Cavaliere each pled guilty to three counts of illegal
trafficking of Native American cultural items obtained in violation of
18 U.S.C. 1170 (b). On January 3 and February 12, 2003, the U.S.
District Court for the District of New Mexico ordered that all items
seized during the investigation be forfeited to the U.S. Department of
the Interior, U.S. Fish and Wildlife Service, Office of Law
Enforcement, Albuquerque, NM, and repatriated to the culturally
affiliated Indian tribes. The 45 cultural items are part of the items
forfeited to the U.S. Fish and Wildlife Service.
    The U.S. Department of the Interior, U.S. Fish and Wildlife
Service, Office of Law Enforcement, Albuquerque, NM, prepared a summary
of the cultural items obtained during the investigation. The U.S.
Department of the Interior, U.S. Fish and Wildlife Service, Office of
Law Enforcement, Albuquerque, NM, also consulted with representatives
of the Hopi Tribe of Arizona; Navajo Nation, Arizona, New Mexico &
Utah; Pueblo of Acoma, New Mexico; Pueblo of Jemez, New Mexico; Pueblo
of Laguna, New Mexico; Pueblo of Santo Domingo, New Mexico; and Zuni
Tribe of the Zuni Reservation, New Mexico.
    Representatives of the Navajo Nation, Arizona, New Mexico & Utah
identified all 45 cultural items as ceremonial objects needed for the
practice of traditional Navajo religion by present-day adherents. They
identified the seven bull-roarers as needed for practice of the Holy
Way ceremony. They identified the two chamajillas as monster
slayer's clubs that are part of a medicine man's bundle.
They identified the hair ties as being worn during particular religious
ceremonies such as the Holy Way. They identified the two bundles of
eagle feathers as needed for the practice of the Holy Way ceremony.
They identified the four

[[Page 41011]]

miniature bows with feathers as needed for the practice of the Holy Way
ceremony. The representatives of the Navajo Nation, Arizona, New Mexico
& Utah identified all 45 cultural items as the communal property of the
tribe as a whole that could not be sold or given away by an individual.
    Officials of the U.S. Department of the Interior, U.S. Fish and
Wildlife Service, Office of Law Enforcement, Albuquerque, NM, have
determined that, pursuant to 25 U.S.C. 3001 (3)(C), the 45 cultural
items 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
U.S. Department of the Interior, U.S. Fish and Wildlife Service, Office
of Law Enforcement, Albuquerque, NM, have determined that, pursuant to
25 U.S.C. 3001 (3)(D), the 45 cultural items also have 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 U.S. Department of the Interior, U.S. Fish
and Wildlife Service, Office of Law Enforcement, Albuquerque, NM, 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 45 sacred objects/objects of cultural patrimony and the
Navajo Nation, Arizona, New Mexico & Utah.
    Representatives of any other Indian tribe that believes itself to
be culturally affiliated with the sacred objects/objects of cultural
patrimony should contact Special Agent Lucinda D. Schroeder, U.S. Fish
and Wildlife Service, 4901 Paseo Del Norte, Albuquerque, NM 87113,
telephone (505) 828-3064, before August 8, 2003. Repatriation of the
sacred objects/objects of cultural patrimony to the Navajo Nation,
Arizona, New Mexico & Utah may proceed after that date if no additional
claimants come forward.
    The U.S. Department of the Interior, U.S. Fish and Wildlife
Service, Office of Law Enforcement, Albuquerque, NM, is responsible for
notifying the Hopi Tribe of Arizona; Navajo Nation, Arizona, New Mexico
& Utah; Pueblo of Acoma, New Mexico; Pueblo of Jemez, New Mexico;
Pueblo of Laguna, New Mexico; Pueblo of Santo Domingo, New Mexico; and
Zuni Tribe of the Zuni Reservation, New Mexico that this notice has
been published.

    Dated: June 11, 2003.
John Robbins,
Assistant Director, Cultural Resources.
[FR Doc. 03-17271 Filed 7-8-03; 8:45 am]

BILLING CODE 4310-70-S


Back to the top

Back to National NAGPRA