50986 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

Mexico may proceed after that date if no 

additional claimants come forward. 

The Denver Museum of Nature & 

Science is responsible for notifying the 

Pueblo of Cochiti, New Mexico that this 

notice has been published. 

Dated: August 4, 2008. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–20109 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 in the Possession of the Bernice 

Pauahi Bishop Museum, Honolulu, HI; 

Correction 

AGENCY: National Park Service, Interior. 

ACTION: Notice; correction. 

Notice is here given in accordance 

with the Native American Graves 

Protection and Repatriation Act 

(NAGPRA), 25 U.S.C. 3003, of the intent 

to repatriate cultural items in the 

possession of the Bishop Museum, 

Honolulu, HI, 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 Native 

American human remains and 

associated funerary objects. The 

National Park Service is not responsible 

for the determinations in this notice. 

This notice corrects the culturally 

affiliated Native Hawaiian organizations 

identified during the claimant process 

and provides new museum contact 

information for a Notice of Intent to 

Repatriate Cultural Items published in 

the Federal Register of October 10, 2002 

(FR Doc 02–25874, page 63152) for 

unassociated funerary objects removed 

from Lana‘i, HI. 

The Federal Register notice of 

October 10, 2002 is corrected by 

substituting paragraph numbers 5 and 6 

with the following paragraphs: 

Officials of the Bishop Museum have 

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

3001 (3)(B), the 97 cultural items 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 Hawaiian 

individual. Officials of the Bishop 

Museum 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 Office of Hawaiian Affairs and Hui 

Kako‘o. It has also been determined that 

Hui Kako‘o is the most culturally 

affiliated Native Hawaiian organization 

for these unassociated funerary objects. 

Representatives of any other Native 

Hawaiian organization that believes 

itself to be culturally affiliated with the 

unassociated funerary objects should 

contact Betty Lou Kam, Vice President 

of Cultural Resources, Bishop Museum, 

1525 Bernice Street, Honolulu, HI 

96718–2704, telephone (808) 848–4144, 

before September 29, 2008. Repatriation 

of the unassociated funerary objects to 

Hui Kako‘o may proceed after that date 

if no additional claimants come 

forward. 

The Bishop Museum is responsible 

for notifying Hui Kako‘o, Hui Malama I 

Na Kupuna O Hawai‘i Nei, Maui/Lana‘i 

Island Burial Council, and the Office of 

Hawaiian Affairs that this notice has 

been published. 

Dated: August 12, 2008. 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–20101 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, 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 Native 

American cultural items. The National 

Park Service is not responsible for the 

determinations in this notice. 

On February 24, 1965, the collectors 

Mary W.A. and Francis V. Crane 

acquired 18 silver Seminole pendants 

from the antiquities dealer Howard B. 

Roloff. Records from the purchase 

transaction noted that the ‘‘4 dark ones 

are from a burial over 100 years old.’’ In 

1968, the Cranes donated the Seminole 

pendants to the Denver Museum of 

Nature & Science (then Denver Museum 

of Natural History) (Accession Numbers 

AC.7940A-D). The museum exhibited 

the four pendants in its ‘‘Seminole 

Silver Case’’ between 1976 and 1980. 

Historical and archeological evidence 

establish that Seminole and Miccosukee 

people have been residents in central 

and southern Florida for at least several 

hundred years. In consultations, 

representatives of the Miccosukee Tribe 

of Indians of Florida; Seminole Nation 

of Oklahoma; and Seminole Tribe of 

Florida, Dania, Big Cypress, Brighton, 

Hollywood & Tampa Reservations 

confirmed their affiliation with earlier 

historic American Indians in Florida 

and confirmed that the four pendants 

were very likely Seminole burial 

objects. Descendants of the Seminole are 

members of the Miccosukee Tribe of 

Indians of Florida; Seminole Nation of 

Oklahoma; and Seminole Tribe of 

Florida, Dania, Big Cypress, Brighton, 

Hollywood & Tampa Reservations. 

Officials of the Denver Museum of 

Nature & Science have determined that, 

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

four 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 to have been removed from a 

specific burial site of a Native American 

individual. Officials of the Denver 

Museum of Nature & Science 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 cultural 

items and the Miccosukee Tribe of 

Indians of Florida; Seminole Nation of 

Oklahoma; and Seminole Tribe of 

Florida, Dania, Big Cypress, Brighton, 

Hollywood & Tampa Reservations. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the unassociated funerary 

objects should contact Dr. Chip ColwellChanthaphonh, 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 

unassociated funerary items to the 

Miccosukee Tribe of Indians of Florida; 

Seminole Nation of Oklahoma; and 

Seminole Tribe of Florida, Dania, Big 

Cypress, Brighton, Hollywood & Tampa 

Reservations may proceed after that date 

mstockstill on PROD1PC66 with NOTICES

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