FR Doc E9-2114[Federal Register: February 2, 2009 (Volume 74, Number 20)]
[Notices]               
[Page 5851-5852]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe09-51]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Intent to Repatriate Cultural Items: Western Reserve 
Historical Society, Cleveland, OH

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 Western Reserve 
Historical Society, Cleveland, OH, that meets the definitions of 
"unassociated funerary objects," and "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 (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 eight objects are one shaman crown or headdress (No number); 
one shaman bone necklace (No number); one bear bone amulet (Accession 
42.417); one spirit chaser bone amulet (No number, possibly Accession 
427); one kushdakka bone amulet (Accession 427); one raven bone amulet 
(Accession 427); one eel bone amulet (Accession 427); and one ivory 
burial figure (Accession 42.1255).
    The Western Reserve Historical Society was founded in 1867, and 
until 1940 records for accessions were scant or non-existent. Starting 
in 1894, book numbers were assigned consecutively to objects. This 
practice was terminated in 1940. From 1940-1943, a large-scale 
inventory of the Society's holdings was conducted and accession numbers 
were assigned to those objects with no prior book number or 
provenience. No cultural affiliation is listed in the original 
accession and catalog records for the eight cultural items. Photographs 
of the items and copies of catalog records were sent to various Alaskan 
Native Villages and Corporations. Collaboration with the Cleveland 
Museum of Natural History aided in the cultural identification of the 
cultural items to the Tlingit and Haida.
    The burial figure (42.1255) does not have specific provenience 
information other than a catalog card that states "burial figure taken 
from elevated grave in Alaska." Based on museum records and 
consultation with representatives of the Central Council of the Tlingit 
& Haida Indian Tribes, officials of the Western Reserve Historical 
Society have determined that the cultural item is an unassociated 
funerary object, and culturally affiliated with the Tlingit.
    The shaman headdress and necklace were unfortunately overlooked in 
the 1940 inventory process and remain without an accession number. No 
provenience information has been found in the records. However, based 
on consultation with the Central Council of the Tlingit & Haida Indian 
Tribes, the two cultural items have been determined to be sacred 
objects, and culturally affiliated with the Tlingit.
    In 1915, the bear amulet (42.417) was given to the Western Reserve 
Historical Society. The cultural item is from the Ben G. Goodman 
collection. Mr. Goodman, a former resident of Cleveland, spent 16 years 
as a fur trapper and resident of Nome, AK.
    In April 1916, the estate of Colonel Orlando John Hodge of 
Cleveland was donated to the Western Reserve Historical Society. The 
accession register lists "four carved ivory amulets," which are 
reasonably believed to be these four ivory amulets (Accession 427). 
Col. Hodge's connection to Alaska and how he acquired the amulets is 
unknown. However, based on consultation with the Central Council of the 
Tlingit & Haida Indian Tribes, the two cultural items have been 
determined to be sacred objects, and culturally affiliated with the 
Tlingit.
    The Central Council of the Tlingit & Haida Indian Tribes further 
identified the headdress, necklace, and amulets as shaman (or ixt') 
objects, and as such sacred objects. Evidence given during consultation 
with the Central Council of the Tlingit & Haida Indian Tribes have 
indicated that shaman objects would have been buried with the shaman, 
and are therefore, funerary objects. Finally, consultation evidence of 
Tlingit property rights state that shaman sacred objects are also 
considered property of the clan. However, the specific shaman(s) and 
the clan(s) are unknown for the cultural items described in this 
notice.
    Officials of the Western Reserve Historical Society have determined 
that, pursuant to 25 U.S.C. 3001(3)(B), the eight 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 an Native 
American individual. Officials of the Western Reserve Historical 
Society also have determined that, pursuant to 25 U.S.C. 3001 (3)(C), 
the seven cultural items described above are specific ceremonial 
objects needed by traditional Native American religious leaders for the 
practice of traditional Native American religions by their present-day 
adherents. Lastly, officials of the Western Reserve Historical Society 
have determined that, pursuant to 25 U.S.C. 3001 (2), there is a 
relationship of shared group identity that can be

[[Page 5852]]

reasonably traced between the unassociated funerary objects and sacred 
objects 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 unassociated funerary objects and/or 
sacred objects should contact Danielle Routhier Peck, Senior Registrar, 
Western Reserve Historical Society, 10825 East Boulevard, Cleveland, OH 
44106, telephone (216) 721-5722 extension 262, before March 4, 2009. 
Repatriation of the unassociated funerary objects and sacred objects to 
the Central Council of the Tlingit & Haida Indian Tribes may proceed 
after that date if no additional claimants come forward.
    The Western Reserve Historical Society is responsible for notifying 
the Central Council of Tlingit & Haida Indian Tribes, Huna Heritage 
Foundation, and Sealaska Heritage Institute that this notice has been 
published.

    Dated: December 24, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-2114 Filed 1-30-09; 8:45 am]

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