FR Doc 03-6215
[Federal Register: March 14, 2003 (Volume 68, Number 50)]
[Notices]               
[Page 12372-12373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr03-67]                         

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: Denver Art Museum, 
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, Sec. 7, of 
the intent to repatriate cultural items in the possession of the Denver 
Art Museum, Denver, CO, that meet the definition of ``sacred 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, Sec. 5 
(d)(3). The determinations within this notice are the sole 
responsibility of the museum, institution, or Federal agency that has 
control of these cultural items. The National Park Service is not 
responsible for the determinations within this notice.
    The seven cultural items are one medicine cord, one painted wood 
figurine, two painted skin caps, and three Gaan masks.
    In 1936, the Denver Art Museum purchased a medicine cord 
(1936.216.1) from The Field Museum of Natural History, Chicago, IL. The 
medicine cord consists of a cord with stone, shell, and bone objects, 
feathers, and a painted buckskin pouch attached. Accession records 
indicate that the medicine cord was originally purchased in 1903 by 
C.L. Owen at ``Cibicu'' on the White Mountain Apache Reservation.
    In 1936, the Denver Art Museum purchased a wooden doll figurine 
(1936.216.2) from The Field Museum of Natural History, Chicago, IL. The 
painted wood figurine is about 5 inches long with a pony bead choker 
and feather attached to the neck. The wooden doll figurine originally 
accompanied a medicine cord that is still at The Field Museum of 
Natural History. Accession records indicate that the wooden doll 
figurine and accompanying medicine cord were originally purchased for 
The Field Museum of Natural History by C.L. Owen from ``Hacka Nelgda,'' 
also known as ``Angry in Battle'' or ``Old Brigham Young.'' Mr. Owen 
indicated that he had purchased the wooden doll figurine and 
accompanying medicine cord at the ``North Fork, W.R.,'' which is 
assumed to refer to the area of Cibicue, AZ, along the north fork of 
the White River. The United States census of 1900 (volume 6, 77, sheet 
40, line 13) lists Brigham Young as a White Mountain Apache born in 
1809 and living in the Cibicue area. Brigham Young's wife is identified 
in the census records as ``In a Son.''
    In 1941, the Denver Art Museum purchased a painted skin cap 
(1946.179) from M. J. Kolhberg & Company, a Denver antique dealer. The 
painted skin cap has several feathers attached to the top. It is not 
known how M.J. Kolhberg & Company acquired the painted skin cap.
    In 1946, the Denver Art Museum purchased a painted buckskin cap 
(1946.215) from Clay Lockett's Yucca House in Tucson, AZ. The painted 
buckskin cap has a large group of feathers attached to the top. The 
bill of sale from Clay Lockett's Yucca House lists the hat among 
``Apache material'' and describes it as ``M M's Hat.'' This could mean 
``medicine man's hat.'' Accession records indicate that the painted 
buckskin cap was originally collected by Maynard Dixon at Rice, AZ, in 
1915. Rice, AZ, is located on the San Carlos Apache Reservation. 
Accession records identify the painted buckskin cap as ``Western 
Apache.''
    In 1947, the Denver Art Museum purchased the three Gaan masks from 
Altman Antiques, a Los Angeles, CA, antique dealer. One Gaan mask 
(1947.256) consists of a fabric hood mask and attached three-pronged 
wood rack with painted designs. A handwritten note on the catalog card 
identifies the mask as ``W. Apache.'' The second Gaan clown mask 
(1947.257) consists of a fabric hood mask and attached triangular wood 
rack with painted designs. Printing on the fabric on the inside of this 
mask reads ``Gila Valley Flour Mills.'' Gila Valley Flour Mills is 
located in the vicinity of the San Carlos Apache Reservation and White 
Mountain Apache Reservation. The third Gaan mask (1947.258) consists of 
a fabric hood mask and attached fan-shaped wood rack with painted 
designs and feathers. The catalog card identifies the mask as 
``Apache.'' It is not known how Altman Antiques acquired the three Gaan 
masks.
    Officials of the Denver Art Museum consulted with the Western 
Apache NAGPRA Working Group regarding the identity and cultural 
affiliation of the seven cultural items. The Western Apache NAGPRA 
Working Group represents the interests of the Fort McDowell Yavapai 
Nation, Arizona; San Carlos Apache Tribe of the San Carlos Apache 
Reservation, Arizona; Tonto Apache Tribe of Arizona; White Mountain 
Apache Tribe of the Fort Apache Reservation, Arizona; and Yavapai-
Apache Nation of the Camp Verde Indian Reservation, Arizona. The 
Western Apache NAGPRA Working Group identified Ramon Riley (White 
Mountain Apache Tribe) and Carlyle Russell (San Carlos Apache Tribe) as 
traditional religious leaders pursuant to 43 CFR 10.2 (d)(3).
    Mr. Riley and Mr. Russell indicated that the seven cultural items 
must be ritually retired according to traditional Apache religious 
practice. Research prepared by the Denver Art Museum at the 
recommendation of the Native American Graves Protection and 
Repatriation Review Committee confirms that ritual retirement is a 
traditional ceremonial use of these types of cultural items. Research 
conducted by the Denver Art Museum identified the design painted on the 
skin cap (1941.179) as similar to designs painted on caps associated 
with the 1903-1907 daagodigh[aacute] religious movement among the White 
Mountain Apache. Mr. Riley identified the Gaan mask (1947.256) as 
having been made and used by the White Mountain Apache. Consultation 
with representatives of the Mescalero Apache Tribe of the Mescalero 
Reservation, New Mexico, and the Fort Sill Apache Tribe of Oklahoma 
confirms Mr. Riley's identification. Mr. Riley identified the Gaan mask 
(1947.258) as having been made and used by the White Mountain Apache 
based on the materials used, design of the mask, and choice of paint.
    Officials of the Denver Art Museum have informed the Western Apache 
NAGPRA Working Group that the wooden figurine (1936.216.2) was 
originally collected from a named individual and that a claim from a 
lineal descendant may be possible, pursuant to 25 U.S.C. 3005, Sec. 7 
(a)(5)(C).
    Accession records for the medicine cord (1936.216.1) and wooden 
figure (1936.216.2) are sufficiently detailed to demonstrate a cultural 
affiliation between these cultural items and the White Mountain Apache 
Tribe of the Fort Apache Reservation, Arizona. Accession records and 
consultation with the traditional religious leaders regarding the 
medicine cap (1941.179), Gaan mask (1947.256), and Gaan mask (1947.258) 
are sufficient to demonstrate a cultural affiliation between these 
cultural items and the White Mountain Apache Tribe of the Fort Apache 
Reservation, Arizona. Accession records for the medicine cap (1946.215) 
and

[[Page 12373]]

Gaan mask (1947.257) are sufficiently detailed to demonstrate a 
cultural affiliation between these cultural items and the San Carlos 
Apache Tribe of the San Carlos Apache Reservation, Arizona.
    Officials of the Denver Art Museum have determined that, pursuant 
to 25 U.S.C. 3001, Sec. 2 (3)(C), these seven 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 Art 
Museum also have determined that, pursuant to 25 U.S.C. 3001, Sec. 2 
(2), there is a relationship of shared group identity that can be 
reasonably traced between the medicine cord (1936.216.1), wooden figure 
(1936.216.2), medicine cap (1941.179), Gaan mask (1947.256), and Gaan 
mask (1947.258) and the White Mountain Apache Tribe of the Fort Apache 
Reservation, Arizona. Officials of the Denver Art Museum also have 
determined that, pursuant to 25 U.S.C. 3001, Sec. 2 (2), there is a 
relationship of shared group identity that can be reasonably traced 
between the medicine cap (1946.215) and Gaan mask (1947.257) and the 
San Carlos Apache Tribe of the San Carlos Apache Reservation, Arizona. 
Officials of the Denver Art Museum have determined that, pursuant to 25 
U.S.C. 3001, Sec. 2 (13), the museum holds right of possession to the 
seven sacred objects. However, the Denver Art Museum has deaccessioned 
the seven cultural items for purposes of transferring right of 
possession and control of the items to the Western Apache NAGPRA 
Working Group pursuant to 25 U.S.C. 3009, Sec. 11 (1).
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with these sacred objects should contact Nancy 
J. Blomberg, Curator of Native Arts, Denver Art Museum, 100 West 14th 
Avenue Parkway, Denver, CO 80204, telephone (720) 913-0161, before 
April 14, 2003. Repatriation of the seven sacred objects to the Western 
Apache NAGPRA Working Group, representing the interests of the Fort 
McDowell Yavapai Nation, Arizona; San Carlos Apache Tribe of the San 
Carlos Apache Reservation, Arizona; Tonto Apache Tribe of Arizona; 
White Mountain Apache Tribe of the Fort Apache Reservation, Arizona; 
and Yavapai-Apache Nation of the Camp Verde Indian Reservation, 
Arizona, may proceed after that date if no additional claimants come 
forward.
    The Denver Art Museum is responsible for notifying the Fort 
McDowell Yavapai Nation, Arizona; Fort Sill Apache Tribe of Oklahoma; 
Mescalaro Apache Tribe of the Mescalaro Reservation, New Mexico; San 
Carlos Apache Tribe of the San Carlos Apache Reservation, Arizona; 
Tonto Apache Tribe of Arizona; White Mountain Apache Tribe of the Fort 
Apache Reservation, Arizona; Yavapai-Apache Nation of the Camp Verde 
Indian Reservation, Arizona; and Western Apache NAGPRA Working Group 
that this notice has been published.

    Dated: January 31, 2003.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 03-6215 Filed 3-13-03; 8:45 am]

BILLING CODE 4310-70-S