FR Doc 05-23869
[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]               
[Page 73258-73260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de05-101]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: American Museum of 
Natural History, New York, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    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 American Museum 
of Natural History, New York, NY, 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 that has control of the cultural items. The National Park 
Service is not responsible for the determinations in this notice.
    The 56 cultural items are 2 baskets, 2 carvings, 12 charms, 2 
crowns, 3 wands, 1 pair of earrings, 2 hair pins, 6 headdresses, 5 
headdress ornaments, 6 masks, 1 pipe, 6 rattles, 1 walrus ivory, 3 
whale's teeth, 1 wooden box with top, 1 bundle of twigs, 1 bone knife, 
and 1 ceremonial hat. All of the cultural items were collected by 
Lieutenant George Thornton Emmons.
    In the following list, the origin, collection, and acquisition 
information is derived from museum records.
    The first basket, which came from an old grave house of a doctor of 
the ``Hoonah kow,'' is made from plant fibers and measures 12 x 3 x 11 
cm. The second basket, which came from the grave house of a shaman of 
``Gau-da-can, Hoonah-kow,'' is made of spruce wood, is oblong in shape, 
exhibits a geometric pattern, and measures 14 x 7 x 3 cm.
    The first carving, which came from an old grave house of a doctor 
of the ``Hoonah-kow'' on an island off the west coast of Chichagoff 
Island, near Portlock Harbor, AK, is made of ivory. Although the 
carving is unfinished, it was intended to represent a bear and would 
have been attached to a dance robe when completed. The second carving, 
which came from an old dilapidated shaman's grave in ``Hooniah,'' is 
made of stone and depicts an eagle sitting up.
    The first three charms came from an old grave house of a shaman of 
the ``Kar-qwan-ton'' of the ``Hoonah-kow'' on an island in Cross Sound, 
AK. The charms are made of bone and they are carved to represent a land 
otter's spirit, a bear's spirit, and a land otter's spirit 
respectively. The fourth charm came from an old grave house of a doctor 
near ``Thlu-hug-gu,'' is made of bone and depicts a salt water worm. 
The fifth charm is a peccary tusk that came from a doctor's grave house 
which stood on an island off the west coast of Chichagoff Island, near 
Portlock Harbor, AK. The sixth charm is made of bone and came from the 
grave house of a doctor of the ``Hoonah kow'' on Icy Straits, AK; 
although unfinished, it is shaped like a cross. The seventh charm came 
from the grave house of a deceased doctor of the ``Hoonah-kow'' at 
``Gan-ar-dar-kan.'' This charm is a piece of unadorned green stone that 
was worn suspended around the neck and may have served as a scratcher. 
The eighth charm is made of either bone or ivory and came from the 
grave house of a shaman of the ``Hoon-ah'' tribe near ``Gan-na-kan.'' 
This charm depicts a figure surrounded by devil fish. The remaining 
four charms were removed from an old moose skin dancing robe from an 
old shaman's grave house at ``Hooniah.'' The grave house was placed on 
a rocky eminence, one quarter mile from the village. The ninth charm is 
made of ivory and consists of five figures. The largest of the five 
figures represents a bear and the smallest depicts a land otter while 
three heads represent witches. The tenth charm is made of ivory and is 
carved to represent an eagle's spirit. The eleventh charm is made of 
bone and depicts a whale eating a man; a bear's head is carved into the 
whale's fin and a crow's head is carved into its tail. The twelfth 
charm is carved from ivory and depicts a witch that has been bound.
    The first crown is made of ten carved mountain goat horns that are 
attached to a piece of sinew. Lieutenant Emmons acquired the crown from 
a practicing doctor of the ``Ky-yatso-hit-ton'' (Iron House) who had 
obtained it from his ancestor, a doctor, who was buried at ``Ar-son-ku, 
Hoonah kow.'' The second crown came from an old grave house near ``Gau-
da-can'' of the ``Hoonah-kow'' and is made of nine mountain goat horns 
that are carved to represent devil fish that are attached to a piece of 
sinew.
    The three dance wands are made of wood. The first wand came from an 
old shaman's grave house on an island in the Icy Straits and is carved 
to represent a land otter with a protruding tongue that forms a spear 
blade on one end. The opposite end is carved to represent a sand hill 
crane while the two sides represent devil fish. The second and third 
wands were found in an old grave

[[Page 73259]]

house of a doctor of the ``Hoonah kow'' at ``Kook-noo-oa.'' The second 
wand is inlaid with abalone and is carved to represent a land otter; 
the sides are cut and painted to represent a star fish with two dog 
salmon on one side and two salmon and an old copper on the other. The 
third wand is carved and ornamented to represent a sculpin.
    The earrings were removed from a doctor's grave house that stood on 
an island off the west coast of Chichigoff Island, near Portlock 
Harbor, AK, and are made of sea lion teeth that have been carved to 
represent a black fish.
    The first hair pin had been the property of a doctor from Hoonah 
and had come from a grave house on a rocky bluff at the entrance of 
Port Frederick, AK. It consists of two pieces of bone or ivory which 
are attached with sinew. The second hair pin is made of ivory and came 
from Cross Sound, AK, where it had been placed in the hair of a 
deceased doctor when he was prepared for final disposition.
    The first three headdresses were found among a doctor's articles of 
practice that had been placed in an old grave house near ``Gau-da-can, 
Hoonah kow.'' The first headdress is made of swan down, eagle feathers, 
ermine skin, brown bear fur, and includes a wooden spirit guard that 
sits between two wooden horns. The second headdress is made of swan 
down, eagle tail feathers, and includes a small mask of a Tlingit 
spirit guard that represents a man who had been killed in a fight. The 
third headdress is made of red cedar bark that has been twisted into 
rope. The remaining three headdresses came from a Hoonah shaman's grave 
house that was placed on a rocky bluff at the entrance of Port 
Frederick, AK. The fourth headdress is made of either swan or eagle 
down, eagle feathers, and includes an eagle spirit mask that is painted 
green, red, and black. The fifth headdress is made of eagle down and 
eagle feathers, and includes a hawk spirit mask that is painted blue, 
red, and black. The sixth headdress is made of eagle down and eagle 
feathers and includes a bear spirit mask that is painted red, green, 
and black.
    The five headdress ornaments are carved of wood. The first ornament 
was the property of a former doctor from Hoonah and came from a grave 
house on a rocky bluff at the entrance of Port Frederick, AK. This 
ornament depicts a Tlingit man and above him, a salmon that is painted 
red, black, and blue. The remaining four headdress ornaments were found 
in a carved wooden box partially hidden under the decayed logs of a 
Hoonah shaman's grave house on Icy Straits, AK, not far from ``Gan-da-
kan.'' The second headdress ornament depicts the head of a hair seal 
that is painted black, blue, and red and is adorned with operculum and 
human hair. The third headdress ornament represents the head of a fox 
that is painted black, red, and blue. The fourth headdress ornament 
depicts the head of a mosquito that has been painted black and red and 
ornamented with human hair. The fifth ornament represents the face of 
an owl.
    The first mask is carved from wood and came from an old grave house 
from ``Gau-da-can, Hoonah-kow.'' It represents a hawk spirit and is 
painted red, blue, and black. The second mask has been carved from a 
whale vertebra to depict a raven that is ornamented with copper, 
operculum teeth, and human hair. This mask came from the grave house of 
a doctor on an island in Cross Sound, AK. The third mask is made from 
wood and came from an old shaman's grave, ``Hooniah.'' It depicts the 
face of a ``Stick Indian'' shaman; a wolf has been carved into the 
forehead of the shaman and the face of the shaman is surrounded by six 
land otters, three on each side. Lieutenant Emmons acquired the 
remaining three masks from an ``old Kar-qwan-ton'' of the ``Hoonah-
kow'' who said that they had been the property of a deceased Hoonah 
doctor of his family and had been removed from his grave house. The 
fourth, fifth, and sixth masks are carved from bone and represent a 
Tlingit doctor, the spirits of a dead Tlingit, and the spirit of a dead 
doctor with ``yake mask over forehead'' respectively.
    The pipe comes from an old dilapidated grave house, ``Hooniah,'' 
and is a made of slate. The pipe's bowl is carved to represent the head 
of a doctor ornamented with a crown or headdress.
    The six rattles are carved from wood. The first was the property of 
an old ``Hoonah kow'' doctor and was taken from a grave near ``Gau-da-
can.'' This rattle represents the sun. It is painted red and ornamented 
with operculi, which represent the sun's rays. The second and third 
rattles were the property of a former doctor from Hoonah and came from 
a grave house on a rocky bluff at the entrance of Port Frederick, AK. 
The second rattle is painted red and black and carved to represent an 
oyster catcher; the back side is carved to represent a sleeping witch 
spirit. The third rattle is painted blue, red, and black and is also 
carved to represent an oyster catcher; the back side of the rattle 
depicts a figure that represents a bound witch. Near the handle is a 
figure that represents a wolf spirit with a protruding tongue while the 
underside is carved to depict a hawk. The fourth and fifth rattles came 
from an old shaman's grave, ``Hooniah.'' The fourth rattle is carved to 
represent an oyster catcher with an ivory bill; the backside consists 
of two figures that represent bound witches in the mouths of two 
wolves. The underside is carved to represent an owl. The fifth rattle 
is carved to represent the sun. The sixth rattle came from the grave 
house of a dead doctor of the ``Kar-qwan-ton'' family of the ``Hoonah 
kow'' and is painted red and black and is shaped to represent the new 
moon.
    The first whale's tooth is cut along one side, while the second 
consists of a section of a whale's tooth, and the third whale's tooth 
does not appear to have been modified. The section of walrus ivory is 
partially carved. The whale's teeth and walrus ivory came from an old 
grave house of a doctor of the ``Hoonah-kow'' on one of the Porpoise 
Islands, Icy Straits, AK. The first and second whale's teeth were found 
together, while the unmodified tooth and the ivory were found 
individually.
    The wooden box came from an old ``Tuck-tam-ton'' shaman's grave. 
The box, which also includes a top, measures 60 x 40 x 28 cm and is 
carved to represent a mythical sea spirit.
    The bundle of twigs encloses an owl's tongue and is wrapped in 
plant fiber. Lieutenant Emmons acquired the bundle of twigs from a 
practicing doctor of the ``Ky-yatso-hit-ton'' (Iron House) who had 
removed the bundle from the grave house of a doctor, his ancestor, who 
was buried at ``Ar-son-ku.''
    The knife is made of bone, ornamented with copper and has a handle 
that is carved to represent a bear. Lieutenant Emmons acquired the 
knife from an ``old Kar-qwan-ton'' of the ``Hoonah kow'' who claimed 
that it had been the property of a deceased Hoonah doctor of his family 
and had been removed from a grave house.
    The ceremonial hat is made of spruce wood and is flat and oblong in 
shape. Colored grasses are woven into the hat to create geometric 
patterns and two dogs. Attached to the bottom border of the hat is a 
cloth tie. The hat comes from the grave house of a deceased doctor of 
the ``Hoonah-kow'' near ``Gan-den-kan.''
    At an unknown date, Lieutenant Emmons acquired the pipe, the eagle 
carving, the ivory charm with five figures, the ivory eagle spirit 
charm, the whale eating a man charm, the ivory charm that represents a 
bound witch, the oyster catcher rattle with an ivory bill, the wooden 
painted sun rattle, and the ``Stick Indian'' shaman mask. In 1888, the 
American Museum of Natural

[[Page 73260]]

History purchased the nine cultural items from Lieutenant Emmons and 
accessioned them into its collection that same year.
    At an unknown date, Lieutenant Emmons acquired the 2 baskets, the 
unfinished bear carving, the 2 land otter spirit charms, the bear 
spirit charm, the salt water worm charm, the peccary tusk charm, the 
cross-shaped charm, one of the crowns, 3 dance wands, 5 masks (hawk 
spirit, vertebra of whale, Tlingit doctor, spirit of a dead Tlingit, 
and dead doctor with mask over forehead), the bone knife, the earrings, 
the 2 hair pins, the 6 headdresses, 1 salmon headdress ornament, the 
sun rattle with operculi, the oyster catcher-rattle with the dead man 
in the bill of a crane, the oyster catcher rattle with the sleeping 
witch spirit, the oyster catcher rattle with the witch that has been 
bound, the new moon rattle, the walrus ivory, the three whale's teeth, 
the bundle of twigs, the wooden box, and the spruce wood hat. In 1894, 
the American Museum of Natural History purchased the 41 cultural items 
from Lieutenant Emmons and accessioned them into its collection that 
same year.
    At an unknown date, Lieutenant Emmons acquired the hair seal, fox, 
mosquito, and owl headdress ornaments and the green stone charm or 
scratcher. In 1896, the American Museum of Natural History purchased 
the five cultural items from Lieutenant Emmons and accessioned them 
into its collection that same year.
    At an unknown date, Lieutenant Emmons acquired the charm that 
depicts a figure surrounded by devil fish. In 1897, the American Museum 
of Natural History purchased this cultural item from Lieutenant Emmons 
and accessioned it into its collection that same year.
    The cultural affiliation of the 56 cultural items is Hoonah Tlingit 
as indicated through museum records and consultation with 
representatives of the Hoonah Indian Association. Museum records 
variously identify the cultural items as having been the property of 
individuals who are from Hoonah or Hooniah or who belonged to the 
Hoonah-kow and/or variously indicate that the items came from shamans' 
grave houses located within the traditional territory of the Hoonah 
Tlingit.
    Officials of the American Museum of Natural History have determined 
that, pursuant to 25 U.S.C. 3001 (3) (B), the 56 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 American Museum of Natural 
History 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 Hoonah Indian 
Association.
    The American Museum of Natural History have determined that the 
museum has right of possession for 10 cultural items, which are the 
bundle of twigs, the crown of horns with carvings that depict devil 
fish, the three bone masks, the bone knife, the new moon rattle, the 
unmodified whale's tooth, the whale's tooth section, and the spruce 
wood hat, but have decided to waive that right.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the 56 unassociated funerary objects 
should contact Nell Murphy, Director of Cultural Resources, American 
Museum of Natural History, Central Park West at 79th Street, New York, 
NY 10024, telephone (212) 769-5837, before January 9, 2006. 
Repatriation of the unassociated funerary objects to the Hoonah Indian 
Association may proceed after that date if no additional claimants come 
forward.
    The American Museum of Natural History is responsible for notifying 
the Central Council Tlingit and Haida Indian Tribes of Alaska, Hoonah 
Indian Association, Huna Totem Corporation, and Sealaska Heritage 
Foundation that this notice has been published.

    Dated: October 11, 2005
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 05-23869 Filed 12-8-05; 8:45 am]

BILLING CODE 4312-50-S