Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 50987 

if no additional claimants come 

forward. 

The Denver Museum of Nature & 

Science is responsible for notifying the 

Miccosukee Tribe of Indians of Florida; 

Seminole Nation of Oklahoma; and 

Seminole Tribe of Florida, Dania, Big 

Cypress, Brighton, Hollywood & Tampa 

Reservations that this notice has been 

published. 

Dated: August 4, 2008. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–20097 Filed 8–28–08; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Denver Museum of Nature & 

Science, Denver, CO 

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 Denver Museum of 

Nature & Science, Denver, CO, which 

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. 

The first cultural item is called the 

Whale Hairpiece, carved from a section 

of mountain goat horn, measuring 

approximately 3 inches high, 1.5 inches 

in diameter at the base, and 1 inch in 

diameter at the top. Decorating the 

exterior of the horn are 18 abalone shell 

insets. The catalogue records term the 

object a ‘‘hair holder or ornament’’ and 

‘‘braid wrap.’’ In August 1977, the 

cultural item was purchased by Mrs. 

Mary A. Crane from the art dealer Mr. 

Michael R. Johnson who had purchased 

the item from ‘‘Mrs. Dan Katzeek’’ in 

1973. In a letter Mr. Johnson wrote to 

Mrs. Crane, dated August 30, 1977, he 

asserted,‘‘I am convinced it is very old 

as the single braid or plaited hair in one 

clump has not been worn since the days 

of Cook and Vancouver. The style is 

evident in the early Webber drawings 

but seems to have faded out in Victorian 

times to the double braids or Victorian 

upsweeps and buns.’’ Mrs. Crane 

donated the hairpiece to the Denver 

Museum of Nature & Science (then 

Denver Museum of Natural History) on 

May 27, 1983. 

The second cultural item is called the 

Strongman Housepost Robe, a painted 

moose hide blanket, approximately 66 x 

44 inches in size, with two hide strings 

at top. The center area, about 36 x 24.5 

inches in size, has a painted design and 

‘‘VICTOR HOTCH KLUKWAN’’ is 

painted at the top and also the inside 

bottom. In 1974, the cultural item was 

purchased by Michael R. Johnson from 

Victor Hotch. Museum records suggest 

that the image represents Strongman (a 

Tlingit hero, Dukt’ootl) ripping apart a 

sea lion; that it was a robe for wearing; 

and that this image was also used on 

house posts. The last claim was verified 

during consultations and supported by 

photographs of a Whale House post, 

taken from Klukwan in 1984. Mr. 

Johnson, who claimed the robe dates to 

about 1930, donated it to the Denver 

Museum of Nature & Science on October 

3, 1974. 

In the mid–1970s a decades-long 

controversy began over the ownership of 

Whale House objects. The public and 

legal battle engulfed Klukwan, 

museums, and collectors alike. 

Although these objects left Alaska 

several years prior to the controversy, 

nonetheless, the Denver Museum of 

Nature & Science acknowledges that 

these two objects likely left Alaska 

under suspect circumstances. 

During consultation, representatives 

of the Central Council of the Tlingit & 

Haida Indian Tribes provided detailed 

written documentation of tribal and clan 

histories, the significance of the 

hairpiece and robe to the Gaanaxteidi 

Clan, and the importance of these 

objects in ongoing ceremonial practices. 

The official claim explained the right of 

the Gaanaxteidi Clan and Whale House 

to the symbolism embedded in these 

objects. The claim confirms the 

museum’s records that the robe’s design 

replicates the image of the Strongman 

Housepost, which has been well 

documented as belonging to the Whale 

House. This particular image tells the 

story of the Gaanaxteidi Clan’s 

migration history. The hairpiece 

represents the whale itself, and the 

whale is a crest of the Gaanaxteidi Clan. 

The whale character figures 

prominently into the ‘‘Raven Cycle’’

stories. Additionally, the claim offers 

that the hairpiece, or yaay che’eeni, was 

worn by women to bundle the hair and 

only worn on ceremonial occasions with 

the assistance of the ‘‘opposite’’ moiety. 

It then explains more specifically how 

it would be ceremonially used 

exclusively by a woman of the aanyadi 

(high caste). 

The claim argues that these pieces are 

objects of cultural patrimony, that the 

Hit s’aati (Housemaster) is only the 

steward of these clan objects. Under 

Tlingit traditional property law (now 

codified in tribal law) the trustee does 

not have the authority to sell clan 

property. Rather, clan consent is 

necessary for decisions about clan 

property. The published literature, 

based on a wide range of ethnological, 

folkloric, linguistic, and anthropological 

sources, supports these claims. 

At length, the claim explains that 

these two objects are sacred objects, as 

clan crests both symbolize and embody 

the spirit of the being depicted on these 

objects. Crests represent the spiritual 

affinity and kinship between the clan 

members and the animals or mythical 

figures being represented. Clan members 

sometimes refer to their clan crests as 

Ax Shuka (My Ancestor or Relative), 

and may call upon these spirits in time 

of need. A specific code of conduct is 

maintained around these crests, which 

Tlingits traditionally believe are not 

truly things, but rather ‘‘living beings.’’

The claim asserts that, if returned, these 

objects will be used in the ongoing 

ceremonies of the Gaanaxteidi Clan. 

Consultation evidence acknowledges 

that many of the clan-owned and sacred 

objects were removed from the 

communities by members of their own 

tribe. Nevertheless, these individuals 

acted in contravention of traditional 

Tlingit cultural property law. It is only 

the Gaanaxteidi Clan that has the right 

to display these objects and tell of its 

own history. The museum cannot 

provide any evidence that the Tlingit 

individuals who sold the objects had 

authority of alienation or consent of the 

clan. Based on the evidence of the larger 

Whale House controversy, it is highly 

likely that many clan members 

explicitly objected to the sale of these 

kinds of clan objects when Johnson 

purchased them, and continue to be 

objects of cultural patrimony and sacred 

objects owned by the clan. 

Officials of the Denver Museum of 

Nature & Science have determined that, 

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

two 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 Denver 

Museum of Nature & Science have also 

determined that, pursuant to 25 U.S.C. 

3001 (3)(D), the two cultural items have 

ongoing historical, traditional, or 

mstockstill on PROD1PC66 with NOTICES

50988 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

cultural importance central to the 

Native American group or culture itself, 

rather than property owned by an 

individual. Lastly, officials of the 

Denver Museum of Nature & Science 

have 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 sacred 

objects/objects 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 sacred objects/objects 

of cultural patrimony should contact Dr. 

Chip Colwell-Chanthaphonh, Curator of 

Anthropology, NAGPRA Officer, 

Department of Anthropology, Denver 

Museum of Nature & Science, 2001 

Colorado Boulevard, Denver, CO 80205, 

telephone (303) 370–6378, before 

September 29, 2008. Repatriation of the 

sacred objects/objects of cultural 

patrimony to the Central Council of the 

Tlingit & Haida Indian Tribes on behalf 

of the Gaanaxteidi Clan, may proceed 

after that date if no additional claimants 

come forward. 

The Denver Museum of Nature & 

Science is responsible for notifying the 

Central Council of the Tlingit & Haida 

Indian Tribes that this notice has been 

published. 

Dated: August 4, 2008. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–20108 Filed 8–28–08; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Logan Museum of 

Anthropology, Beloit College, Beloit, 

WI 

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 Logan Museum of 

Anthropology (Logan Museum), Beloit 

College, Beloit, WI, that meet the 

definition of ‘‘unassociated funerary 

objects’’ 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 1955, the Logan Museum of 

Anthropology acquired a large 

collection from the estate of Albert 

Green Heath. Heath lived in Chicago 

and had a second home in Harbor 

Springs, Emmet County, MI, near the 

Odawa community of Cross Village. 

Heath was acquainted with many 

Odawa tribal members and collected 

many Odawa objects in the early 20th 

century, including six found with 

human burials. The six cultural items 

are one catlinite (red pipestone) pipe 

bowl (catalogue number 7759), three 

silver armbands (30678.1, 30678.2, 

30678.3), one silver cross pendant 

(30685.1), and one brass or bronze 

crucifix pendant (30688). 

In 1956, the pipe bowl (7759) was 

sold by the Logan Museum to Herbert S. 

Zim and Sonia Bleeker Zim. In 1971, the 

pipe bowl was donated back to the 

Logan Museum by Sonia Bleeker Zim. 

The pipe bowl is L-shaped, 5 cm high 

by 6.9 cm long, and is made of red 

pipestone presumed to be catlinite. The 

bowl is flared, and the stem end features 

two grooves. Both the bowl and the stem 

end are heat-discolored on the interior 

and exterior, and the bowl interior 

contains charred residue. Heath’s 

collection records indicate this object 

was a ‘‘grave find’’ from Emmet County 

and that its tribal affiliation is Ottawa 

(Odawa). 

The silver armbands (30678.1, 

30678.2, and 30678.3) are three of four 

objects Heath described as ‘‘early 

English trader’s bracelets.’’ The fourth 

in this set was sold to the New York 

State Museum in 1956. Heath’s records 

indicate these armbands are ‘‘grave 

finds’’ from Emmet County and are 

Ottawa (Odawa). Two of the armbands 

(30678.1 and 30678.2) are 4.7 cm wide, 

have fluted edges, and were cut from 

one original piece, as shown by partial 

coat-of-arms engravings that form a 

single complete engraving when the two 

armbands are placed side by side. The 

third armband (30678.3) is 2.7 cm wide 

and has fluted edges. It also has a 

stamped touchmark, ‘‘JS,’’ which 

indicates manufacture in the late 18th 

century by Jonas Schindler or his 

widow, of Quebec, Canada. 

The silver cross pendant (30685.1) is 

also a ‘‘grave find’’ from Emmet County, 

and is identified as Ottawa (Odawa) by 

Heath. The single-bar cross measures 6.8 

cm long by 4.2 cm wide. Each side 

contains eleven small circular stamps, 

but there is no identifying touchmark. 

This general type of cross was 

commonly traded in the Great Lakes 

area in the 18th century. Heath’s records 

indicate he purchased the cross from 

Louise Assineway. Census records show 

that two Odawa individuals named 

Louise (or Louisa) Assineway (or 

Assinaway) lived in the Cross Village 

area in the early 20th century. 

The crucifix pendant (30688) is 

probably made of brass, but possibly is 

bronze. It measures 7.0 cm long by 4.2 

cm wide and features the Christ figure 

riveted onto a cross with fleur-de-lis 

style ends, a suspension loop, and small 

‘‘INRI’’ plaque. Heath’s records indicate 

this crucifix is a ‘‘grave find,’’ and it is 

also identified as Ottawa (Odawa). The 

record also indicated that the crucifix is 

from Cross Village, MI, and was 

purchased from Cynthia Shomin. 

Census records show that Cynthia 

Shomin was an Odawa tribal member 

who lived in the Cross Village area in 

the early 20th century. 

Geographic, historic, and 

archeological evidence indicates that 

Odawa Indians occupied the area of 

Cross Village and Emmet County, MI, in 

the late 18th and early 19th centuries. 

Metal and catlinite objects such as those 

listed above are commonly noted 

funerary objects in Odawa burials of 

that period. The human remains from 

the specific burial sites are not in the 

possession of the Logan Museum. The 

Little Traverse Bay Bands of Odawa 

Indians, Michigan still resides in that 

area, and consultation with tribal 

representatives supports the 

identification of the cultural items as 

Odawa funerary objects. 

Officials of the Logan Museum of 

Anthropology have determined that, 

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

six cultural items described above 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 and are 

believed, by a preponderance of the 

evidence, to have been removed from a 

specific burial site of a Native American 

individual. Officials of the Logan 

Museum of Anthropology 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 

unassociated funerary objects and the 

Little Traverse Bay Bands of Odawa 

Indians, Michigan. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the unassociated funerary 

objects should contact William Green, 

Director, Logan Museum of 

Anthropology, Beloit College, 700 

College St., Beloit, WI 53511, telephone 

(608) 363–2119, before September 29, 

2008. Repatriation of the unassociated 

mstockstill on PROD1PC66 with NOTICES