FR Doc 04-13926
[Federal Register: June 21, 2004 (Volume 69, Number 118)]
[Notices]               
[Page 34399-34400]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn04-85]                         

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: Field Museum of 
Natural History, Chicago, IL

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), 43 CFR 10.8 (f), of the 
intent to repatriate cultural items in the possession of the Field 
Museum of Natural History, Chicago, IL, 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, 43 CFR 10.8 (f). 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 the notice.
    The 19 cultural items are 18 carved charms and 1 carved baton.
    In the following list, origin, collection, and acquisition 
information is derived from museum records. The first charm (catalog 
number 14300), identified as Tlingit and acquired in Alaska, is ivory 
with incised details representing a monster. The second charm (catalog 
number 14301), acquired in Alaska, is bone with a perforation on the 
top, depicts two heads of a monster, and has incised details and 
perforations as part of the design. The third charm (catalog number 
14303), collected in Alaska, is ivory with incised details and depicts 
an animal or monster. The fourth charm (catalog number 14306), 
identified as from the Northwest Coast, is ivory inlaid with abalone 
with a perforation for suspending. The fifth charm (catalog number 
14308), identified as Tlingit from Chilcot, AK, is ivory with incised 
details and inlaid with abalone shell depicting a frog. The sixth charm 
(catalog number 14310), identified as Tlingit and collected in Alaska, 
is ivory with a perforation, and is carved in the shape of an animal's 
head with human faces carved beneath its ear. The seventh charm 
(catalog number 14311), identified as Tlingit from Alaska, is ivory 
depicting a fish with a man on his back face upward, and is perforated 
at the tail. The eighth charm (catalog number 14316), identified as 
Tlingit from the Northwest Coast, is ivory with incised and relief 
details, is perforated near the center of its back, and depicts a land 
otter holding a human. The ninth charm (catalog number 14317), 
identified as from the Northwest Coast, is ivory and depicts an animal 
that has a mask on its belly and a brass eyelet attached to its back. 
The 10th charm (catalog number 14319), collected in Alaska, is a bear 
tooth carved in the shape of a fish. The mouth of the fish is wide open 
and there are four curved lines at each corner of the mouth. The fish 
is perforated on the dorsal fin. The 11th charm (catalog number 14321), 
identified as from

[[Page 34400]]

Alaska, is a sea lion's tooth carved to represent a sculpin and has a 
perforation on the top of the sculpin's back. The 12th charm (catalog 
number 14324), collected in Alaska, is a bear's tooth with incised 
details and a perforation near its center. The 13th charm (catalog 
number 14326), identified as Tlingit and acquired in Alaska, is a 
totemic carving on a bear's tooth with a perforation at one end. The 
14th charm or hairpin (catalog number 14332), identified as Tlingit, is 
ivory carved in the shape of a hawk and a man, and is inlaid with 
abalone shell and has incised designs. The 15th charm (catalog number 
14334), identified as from Alaska, is a bear's tooth with incised 
designs. The 16th charm (catalog number 14338), identified as Tlingit, 
is ivory with incised designs and depicts a land otter. One eye of the 
land otter is inlaid with abalone. The 17th charm (catalog number 
14339), identified as from the Northwest Coast, is ivory and depicts a 
mythical sea monster devouring a man. The U-shaped sculpture depicts a 
man's head and arms protruding from the mouth of a serpent-like 
monster. The 18th charm (catalog number 268759) is ivory inlaid with 
abalone, and depicts a raven figure with a kneeling human and reclining 
bird figure on top. The baton (catalog number 14394), identified as 
Tlingit, is wood carved at one end to depict the head of an animal.
    At an unknown date, Edward E. Ayer acquired 17 of the charms and 
the 1 baton. In 1894, Mr. Ayer donated one charm to the Field Museum of 
Natural History (catalog number 14308) and it was accessioned into the 
museum's collection in the same year (accession number 141). In 1896, 
Mr. Ayer donated 16 charms and the 1 baton to the Field Museum of 
Natural History and they were accessioned into the museum's collection 
in the same year (accession number 112). Museum records do not indicate 
how Mr. Ayer acquired the cultural items.
    At an unknown date, Mr. and Mrs. Theodore W. Van Zelst acquired one 
charm (catalog number 268759). In 1978, Mr. and Mrs. Van Zelst donated 
the charm to the Field Museum of Natural History and it was accessioned 
into the museum's collection in the same year (accession number 3389). 
Museum records do not indicate how Mr. and Mrs. Van Zelst acquired the 
cultural object.
    The cultural affiliation of the cultural items is Tlingit as 
indicated by museum records and by consultation evidence presented by 
the Central Council of the Tlingit & Haida Indian Tribes. Museum 
records variously identify the cultural items as Tlingit, from the 
Northwest Coast, or collected in Alaska. Consultation evidence and 
ethnographic literature indicate that the cultural items were removed 
from specific burial sites of Native American individuals, and that 
cultural items of this type were used only by the ixt' (shaman) of the 
Tlingit, and usually were placed with the deceased shaman in above-
ground burials.
    Officials of the Field Museum of Natural History have determined 
that, pursuant to 25 U.S.C. 3001 (3)(B), the 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 specific burial sites of Native 
American individuals. Officials of the Field 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 19 unassociated funerary objects and the Central Council of 
the Tlingit & Haida Indian Tribes.
    Officials of the Field Museum of Natural History assert that, 
pursuant to 25 U.S.C. 3001 (13), the museum has right of possession of 
the 19 unassociated funerary objects. Officials of the Field Museum of 
Natural History recognize the significance of the 19 unassociated 
funerary objects to the Central Council of the Tlingit & Haida Indian 
Tribes and have reached an agreement with the Central Council of the 
Tlingit & Haida Indian Tribes that allows the museum to return the 19 
unassociated funerary objects to the Central Council of the Tlingit & 
Haida Indian Tribes voluntarily pursuant to the compromise of claim 
provisions of the museum's repatriation policy.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Jonathan Haas, MacArthur Curator of the Americas, Field Museum 
of Natural History, 1400 South Lake Shore Drive, Chicago, IL 60605, 
telephone (312) 665-7829, before July 21, 2004. Repatriation of the 
unassociated funerary objects to the Central Council of the Tlingit & 
Haida Indian Tribes may proceed after that date if no additional 
claimants come forward.
    The Field Museum of Natural History is responsible for notifying 
the Central Council of the Tlingit & Haida Indian Tribes that this 
notice has been published.

    Dated: May 11, 2004
John Robbins,
Assistant Director, Cultural Resources.
[FR Doc. 04-13926 Filed 6-18-04; 8:45 am]

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