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[Federal Register Volume 62, Number 42 (Tuesday, March 4, 1997)]
[Notices]
[Pages 9801-9803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5212]

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DEPARTMENT OF THE INTERIOR

Notice of Intent to Repatriate Cultural Items from Nebraska and 
South Dakota in the Possession of the Fruitlands Museums, Harvard, MA

AGENCY: National Park Service

[[Page 9802]]

ACTION: Notice

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    Notice is hereby given under the Native American Graves Protection 
and Repatriation Act, 25 U.S.C. 3005 (a)(2), of the intent to 
repatriate cultural items in the possession of the Fruitlands Museums, 
Harvard, MA, which meet the definitions of ``unassociated funerary 
object,'' ``sacred object'' and ``object of cultural patrimony'' under 
Section 2 of the Act.
    The objects include seven strands of beads, eleven pipestone pipes, 
six pipe bags, two pipe tampers, four rattles, two eagle bone whistles, 
and one webbed shield.
    The seven strands of beads are made up of various combinations of 
shell disks, bone tubes, and catlinite and glass beads. The seven 
strands of beads were purchased by the museum from Henry T. Neuman 
between 1927 and 1932. Neuman labeled the strands of beads as ``Sioux-
Nebraska.'' Museum staff identify the seven strands of beads as Santee 
Sioux and the representatives from Cheyenne River Sioux tribe agree.
    The eleven pipes are represented by ten ``L'' and ``T'' shaped 
catlinite pipe bowls and nine wooden stems. Nine of these pipes were 
purchased by the museum from Henry T. Neuman between 1927 and 1932. 
Neuman labeled the nine pipes as ``Sioux-Nebraska.'' Museum staff 
identify the nine pipes acquired from Neuman as Santee Sioux and the 
representatives from Cheyenne River Sioux tribe agree. No collection 
information is available for the other two pipes, but stylistic 
analysis confirms their identification as being of Lakota origin.
    The six pipe bags are made of leather and decorated with glass 
beads and porcupine quill work. Museum records indicate that Henry T. 
Neuman sold Sioux bags and tobacco bags, however, the records are too 
vague to identify exactly those specific bags. Although no definitive 
collection information is available, stylistic analysis confirms the 
identification of these six pipe bags as being of Lakota origin.
    The two pipe tampers consist of carved wooden sticks. One of the 
tampers has a horse head carved on one end and is decorated with beads 
and tin cones on the other. The two pipe tampers were purchased by the 
museum from Henry T. Neuman between 1927 and 1932. Neuman labeled the 
pipe tampers as ``Sioux-Nebraska.'' Museum staff identify the pipe 
tampers as Santee Sioux and the representatives from Cheyenne River 
Sioux tribe agree.
    The four rattles are made of wood and rawhide. Collection 
information indicates these rattles were sold to the museum by Henry T. 
Neuman between 1928-1929. Stylistic analysis confirms their 
identification as being of Lakota origin.
    The two whistles consist of an eagle humerus with proximal and 
anterior ends cut off. One whistle bares a red paint design. The other 
whistle has a mescal bean and a pink feather attached. In 1929, the 
latter whistle  was purchased by the museum from Henry T. Neuman, who 
labeled that whistle as ``Sioux.'' No collection information is 
available for the other whistle, but stylistic analysis confirms its 
identification as being of Lakota origin.
    The shield consists of rawhide webbing decorated with golden eagle 
feathers, locks of horse hair, rings of gray fur, five clusters of 
smaller feathers, and two wooden piercing implements. This shield was 
sold to the museum in 1933 as a ``ceremonial shield'' by the Plume 
Trading Company. Records indicate representatives of the Rosebud Sioux 
Tribe approached the museum to claim the shield in 1989. Stylistic 
analysis of the webbed shield confirms its identification as being of 
Lakota origin.
    Pteincila cannumpa awayanka Arvol Looking Horse has identified the 
eleven pipestone pipes, six pipe bags, two pipe tampers, four rattles, 
two eagle bone whistles, and one webbed shield as specific ceremonial 
objects needed by traditional Lakota religious leaders for the practice 
of traditional Lakota religion by present-day adherents. A traditional 
religious leader from the Cheyenne River Sioux Tribe states that the 
eleven pipes, six pipe bags, two pipe tampers, four rattles, two eagle 
bone whistles, and one webbed shield spoke to him and asked to be 
brought back to the Lakota Nation. The representative of the Cheyenne 
River Sioux Tribe states that the eleven pipestone pipes, six pipe 
bags, two pipe tampers, four rattles, two eagle bone whistles, and one 
webbed shield were not and are not considered ``personal property'' but 
belong to the Lakota People as a whole. The Lakota People currently 
comprise the Cheyenne River Sioux Tribe, Rosebud Sioux Tribe, Standing 
Rock Sioux Tribe, and Oglala Sioux Tribe.
    Officials of the Fruitlands Museum believe that the Massachusetts 
Uniform Commercial Code gives the museum good title to all objects in 
its collection if they were obtained through good faith purchases, and 
that all of the above-mentioned items were obtained through good faith 
purchases. However, museum officials also believe that the spirit of 
the Native American Graves Protection and Repatriation Act takes 
precedence over concerns for title. Further, it is the opinion of 
officials of the Fruitlands Museum that many of these items could have 
been made for sale, however, their purchase from Henry T. Neuman, a 
known grave robber and pot hunter, make the circumstances of collection 
more likely to have been from cultural contexts.
    Based on the above-mentioned information, officials of the 
Fruitlands Museum have determined that, pursuant to 25 U.S.C. 3001 
(3)(B), the seven strands of beads 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. Officials of the 
Fruitlands Museum have also determined that, pursuant to 25 U.S.C. 3001 
(3)(C), the eleven pipestone pipes, six pipe bags, two pipe tampers, 
four rattles, two eagle bone whistles, and one webbed shield are 
specific ceremonial objects needed by traditional Native American 
religious leaders for the practice of traditional Native American 
religions by their present-day adherents. Further, officials of the 
Fruitlands Museum have determined that, pursuant to 25 U.S.C. 3001 
(3)(D), the eleven pipestone pipes, six pipe bags, two pipe tampers, 
four rattles, two eagle bone whistles, and one webbed shield have 
ongoing historical, traditional, or cultural importance central to the 
Lakota People as a whole and could not have been alienated, 
appropriated, or conveyed by any individual regardless of whether or 
not the individual is a member of the tribe.
    Lastly, officials of the Fruitlands Museums have also determined 
that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared 
group identity which can be reasonably traced between the seven strands 
of beads, nine pipestone pipes, two pipe tampers, and one eagle bone 
whistle and the Santee Sioux Tribe. Officials of the Fruitlands Museums 
have also determined that there is a relationship of shared group 
identify which can be reasonably traced between two pipestone pipes, 
six pipe bags, four rattles, one eagle bone whistles, and one webbed 
shield and the Cheyenne River Sioux Tribe, Rosebud Sioux Tribe, 
Standing Rock Sioux Tribe, and the Oglala Sioux Tribe.
    This notice has been sent to officials of the Cheyenne River Sioux 
Tribe, Rosebud Sioux Tribe, Santee Sioux Tribe, Standing Rock Sioux 
Tribe, and Oglala Sioux Tribe. Any lineal descendant or Indian tribe 
that believes itself to be culturally affiliated with these human 
remains should contact Michael A. Volmar, Curator, Fruitlands Museum, 
Harvard, MA 01451, phone: (508) 456-3924, before April 3, 1997.

[[Page 9803]]

Repatriation of the seven strands of beads, nine pipestone pipes, two 
pipe tampers, and one eagle bone whistle to the Santee Sioux Tribe may 
begin after that date if no additional claimants come forward. 
Repatriation of the two pipestone pipes, six pipe bags, four rattles, 
one eagle bone whistles, and one webbed shield to the Cheyenne River 
Sioux Tribe, Rosebud Sioux Tribe, Standing Rock Sioux Tribe, and Oglala 
Sioux Tribe may begin after that date if no additional claimants come 
forward.
    The National Park Service is not responsible for the determinations 
within this notice.
Dated: February 26, 1997.
Francis P. McManamon,
Departmental Consulting Archeologist,
Manager, Archeology and Ethnography Program.
[FR Doc. 97-5212 Filed 3-3-97; 8:45 am]
BILLING CODE 4310-70-F
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