23800 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate a Cultural 

Item: Rochester Museum & Science 

Center, Rochester, NY 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

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 one cultural item in the 

possession of the Rochester Museum & 

Science Center, Rochester, NY, that 

meets the definitions of ‘‘sacred object’’ 

and object of ‘‘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 in 

this notice are the sole responsibility of 

the museum, institution, or Federal 

agency that has control of the cultural 

item. The National Park Service is not 

responsible for the determinations in 

this notice. 

In 1961, the museum acquired a large 

wooden medicine face (AE 9499/ 

61.334.1) from the Rochester Museum 

Association that previously had 

purchased it from M.L. Philpott, 

Rochester, NY. According to the seller, 

it had belonged to his father-in-law, a 

worker on several estates in the 

Adirondacks, who received it from a Dr. 

Salisbury in approximately 1913. 

Original museum documentation 

stated that this medicine face could only 

be generally affiliated with the 

‘‘Iroquois’’ (New York State or Canada). 

Oral evidence presented during 

consultation with representatives of the 

Haudenosaunee Standing Committee on 

Burial Rules and Regulations, as well as 

historical and anthropological scholarly 

materials, support the fact that the 

Onondaga Nation is the Keeper of the 

Central Fire of the Haudenosaunee 

Confederacy, and as such has the 

responsibility within the 

Haudenosaunee Confederacy to bring 

back national cultural patrimony and 

sacred objects that are affiliated with the 

‘‘Iroquois’’ generally, and to return those 

objects to their rightful communities. 

Therefore, it is the understanding of all 

the Haudenosaunee Confederacy 

Nations that any medicine faces 

affiliated generally as ‘‘Iroquois’’ are 

affiliated with the Onondaga Nation. 

In the course of consultations with 

members of the Onondaga Nation, it was 

shown that any individual who carved 

a medicine face and alienated it to a 

third party that in turn donated it to the 

Rochester Museum & Science Center did 

not have the authority to do so. 

Furthermore, Onondaga Nation 

traditional religious leaders have 

identified this medicine face as being 

needed for the practice of traditional 

Native American religions by presentday adherents. Based on consultation 

with NAGPRA representatives from the 

Onondaga Nation and other 

Haudenosaunee and nonHaudenosaunee consultants, the 

museum has determined that the 

medicine face is both a sacred object 

and object of cultural patrimony. 

Accordingly, museum documentation, 

consultation and oral evidence show 

that this medicine face is a sacred object 

and an object of cultural patrimony, and 

that the medicine face can be culturally 

affiliated to the Onondaga Nation of 

New York on behalf of the 

Haudenosaunee Confederacy (also 

known as the Iroquois Confederacy or 

Six Nations, which includes the 

Mohawk, Oneida, Onondaga, Cayuga, 

Seneca, and Tuscarora Nations that are 

in part represented by the following 

Federally-recognized tribes: Cayuga 

Nation of New York; Oneida Nation of 

New York; Oneida Tribe of Indians of 

Wisconsin; Onondaga Nation of New 

York; Seneca Nation of New York; 

Seneca-Cayuga Tribe of Oklahoma; 

Saint Regis Mohawk Tribe, New York; 

Tonawanda Band of Seneca Indians of 

New York; and Tuscarora Nation of New 

York). 

Officials of the Rochester Museum & 

Science Center have determined, that 

pursuant to 25 U.S.C. 3001(3)(C), the 

one cultural item described above is a 

specific ceremonial object needed by 

traditional Native American religious 

leaders for the practice of traditional 

Native American religions by their 

present-day adherents. Officials of the 

Rochester Museum & Science Center 

have also determined that, pursuant to 

25 U.S.C. 3001(3)(D), the one cultural 

item described above has an 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 Rochester 

Museum & Science Center 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 object/object 

of cultural patrimony and the Onondaga 

Nation of New York. 

Representatives of any other Indian 

Nation or tribe that believes itself to be 

culturally affiliated with the sacred 

object/object of cultural patrimony 

should contact Adele DeRosa, Rochester 

Museum & Science Center, Rochester, 

NY 14607, telephone (585) 271–4552, 

ext 302, before June 3, 2010. 

Repatriation of the sacred object/object 

of cultural patrimony to the Onondaga 

Nation of New York may proceed after 

that date if no additional claimants 

come forward. 

The Rochester Museum & Science 

Center is responsible for notifying the 

Onondaga Nation of New York that this 

notice has been published. 

Dated: April 27, 2010. 

David Tarler, 

Acting Manager, National NAGPRA Program. 

[FR Doc. 2010–10376 Filed 5–3–10; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate a Cultural 

Item: Virginia Museum of Fine Arts, 

Richmond, VA 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

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 a cultural item in the 

possession of the Virginia Museum of 

Fine Arts, Richmond, VA, that meets the 

definition of ‘‘object of 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 in 

this notice are the sole responsibility of 

the museum, institution, or Federal 

agency that has control of the cultural 

item. The National Park Service is not 

responsible for the determinations in 

this notice. 

The cultural item is a ceremonial 

headdress made of wood, eagle or eider 

down, sea lion whiskers, ermine hide, 

abalone shell, feathers, and fibers 

(VMFA accession # 55.31.7). The 

headdress is approximately 17.25 inches 

in height, 10 inches in width, and 9.5 

inches in diameter (43.7 cm x 25.2 cm 

x 24.2 cm). The mask portion of the 

headdress is composed of a polychrome 

carved wooden bird holding a limp 

object in its beak, and the right wing of 

the mask has been broken off and 

repaired. A stylized face appears 

beneath the beak, which is flanked by 

applied vertical wings. The nose of the 

face is a bird’s head, turned upward. 

The eyes and teeth are made of abalone 

shell. The top of the headdress is 

decorated with alternating sea lion 

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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 23801 

whiskers and red-shafted flicker 

feathers. The headdress itself is lined 

with ermine hide, and ermine hide also 

hangs from the back of the headdress. 

In 1955, the headdress was purchased 

by the Virginia Museum of Fine Arts 

from the Portland Art Museum, OR 

(Portland Art Museum accession # 

48.3.439). Records from the Portland Art 

Museum read as follows: ‘‘Purchase, 

Indian Collection Subscription Fund. To 

be known as the Axel Rassmussen 

Collection. Vendor, Earl Stendahl.’’ 

Representatives of the Central Council 

of the Tlingit & Haida Indian Tribes, 

specifically the Lu ́kaax.a ́di clan, a 

Tlingit clan, have identified that this 

headdress represents the Kingfisher 

Fort. The Kingfisher Fort is a site of 

cultural and historic importance to the 

Lu ́ kaax.a ́di clan, and this Kingfisher 

Fort Headdress (Tlax’aneis’ Noow 

Shaakee.a ́t) is needed for continuing 

their cultural ceremonies. 

Representatives of the Central Council 

of the Tlingit & Haida Indian Tribes 

have also provided evidence that this 

headdress is an object of cultural 

patrimony. It is communally owned 

and, at the time of removal had - and 

continues to have - ongoing, historical, 

traditional, and cultural importance 

central to the Tlingit society and 

culture. Furthermore, no tribal member 

consented to alienate it, and no 

evidence exists to demonstrate that its 

transfer outside the tribe was voluntary. 

Officials of the Virginia Museum of 

Fine Arts have determined that, 

pursuant to 25 U.S.C. 3001(3)(D), the 

cultural item described above has 

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 Virginia 

Museum of Fine Arts 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 object of cultural 

patrimony and the Central Council of 

the Tlingit & Haida Indian Tribes. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the object of cultural 

patrimony should contact Kelly Burrow, 

Assistant Registrar, Virginia Museum of 

Fine Arts, 200 N. Blvd., Richmond, VA 

23220, telephone (804) 204–2669, before 

June 3, 2010. Repatriation of the object 

of cultural patrimony to the Central 

Council of the Tlingit & Haida Indian 

Tribes may proceed after that date if no 

additional claimants come forward. 

The Virginia Museum of Fine Arts is 

responsible for notifying the Central 

Council of the Tlingit & Haida Indian 

Tribes that this notice has been 

published. 

Dated: March 25, 2010. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. 2010–10365 Filed 5–3–10; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Rochester Museum & Science 

Center, Rochester, NY 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

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 Rochester Museum & 

Science Center, Rochester, NY, that 

meet the definitions of ‘‘sacred objects’’ 

and ‘‘objects of 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 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 1929, the museum purchased two 

small wooden medicine faces from 

Alvin Dewey, Rochester, NY. On March 

25, 1922, Alvin Dewey obtained them 

from Albert G. Heath, Chicago, IL. The 

first medicine face measures 2 3/4’’ 

inches long (AE 2880/D 10922/ 

29.259.27). The second medicine face is 

a small wooden ‘‘Leader’s’’ face that 

measures 2 7/8’’ long (AE 2881/D 11923/ 

29.259.28). According to the 

documentation, these were individually 

tied to poles ‘‘and carried by the Leader 

in the Seneca False Face Ceremonies.’’ 

Museum documentation indicates 

that these medicine faces are culturally 

affiliated with the ‘‘Seneca.’’ NAGPRA 

representative consultants from the 

Tonawanda Seneca Nation informed the 

Rochester Museum & Science Center 

that ethnographic objects identified as 

‘‘Seneca’’ should go back to them 

because the Tonawanda Seneca Nation 

is the center of the Seneca religious fire. 

This was agreed upon by representatives 

from the Seneca Nation of New York, 

the Tonawanda Band of Seneca Indians 

of New York, and the Seneca-Cayuga 

Tribe of Oklahoma. 

Tonawanda Seneca Nation traditional 

religious leaders have identified these 

medicine faces as being needed for the 

practice of traditional Native American 

religions by present-day adherents. 

During consultation, it was shown that 

individuals who carved a face did not 

have the authority to alienate it to a 

third party or sell it indirectly to the 

Rochester Museum & Science Center. 

Therefore, based on consultation with 

NAGPRA representatives from the 

Tonawanda Seneca Nation and other 

Haudenosaunee and nonHaudenosaunee consultants, the 

museum has determined that the 

medicine faces are both sacred objects 

and objects of cultural patrimony. 

Officials of the Rochester Museum & 

Science Center have determined, that 

pursuant to 25 U.S.C. 3001(3)(C), the 

two 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 

Rochester Museum & Science Center 

have also determined that, pursuant to 

25 U.S.C. 3001(3)(D), the two cultural 

items described above have an 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 Rochester 

Museum & Science Center 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 

Tonawanda Band of Seneca Indians of 

New York. 

Representatives of any other Indian 

Nation or tribe that believes itself to be 

culturally affiliated with the sacred 

objects/objects of cultural patrimony 

should contact Adele DeRosa, NAGPRA 

Coordinator/Collections Manager, 

Rochester Museum & Science Center, 

657 East Ave., Rochester, NY 14607, 

telephone (585) 271–4552, ext 302, 

before June 3, 2010. Repatriation of the 

sacred objects/objects of cultural 

patrimony to the Tonawanda Band of 

Seneca Indians of New York may 

proceed after that date if no additional 

claimants come forward. 

The Rochester Museum & Science 

Center is responsible for notifying the 

Seneca Nation of New York, SenecaCayuga Tribe of Oklahoma, and 

Tonawanda Band of Seneca Indians of 

New York that this notice has been 

published. 

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