[Federal Register: March 24, 1998 (Volume 63, Number 56)]
[Notices]               
[Page 14138]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr98-109]

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DEPARTMENT OF THE INTERIOR

National Park Service

 
Notice of Intent to Repatriate a Cultural Item in the Possession 
of the Robert S. Peabody Museum of Archaeology, Phillips Academy, 
Andover, MA

AGENCY: National Park Service

ACTION: Notice

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    Notice is hereby given under the Native American Graves Protection 
and Repatriation Act, 43 CFR 10.10 (a)(3), of the intent to repatriate 
a cultural item in the possession of the Robert S. Peabody Museum of 
Archaeology, Phillips Academy which meets the definition of ``sacred 
object'' and ``object of cultural patrimony'' under Section 2 of the 
Act.
    The item is a clan mask made of buffalo hide, including an arm 
decoration with tin tinklers.
    In November of 1938, this clan mask was bought from a member of the 
Pueblo of Jemez through Frank C. Hibben and E.F. Goad of the University 
of New Mexico on behalf of Douglas S. Byers, Director of the Robert S. 
Peabody Museum.
    The cultural affiliation of this clan mask with the Pueblo of Jemez 
is clear. The mask is known by the religious leaders of the Pueblo of 
Jemez, and museum documentation indicates it is from the Pueblo of 
Jemez. Museum documentation further indicates that the Museum staff 
were aware at the time of acquisition this mask's importance to the 
clan it originated from and of its active role in the religious life of 
the community. Consultation evidence presented by representative of the 
Pueblo of Jemez indicates it is needed by traditional religious leaders 
for the practice of traditional Native American religion by present-day 
adherents. Further, representatives of the Pueblo of Jemez have stated 
that this mask was not and is not an object which can be alientated by 
any individual.
    Based on the above-mentioned information, officials of the Robert 
S. Peabody Museum have determined that, pursuant to 43 CFR 10.2 (d)(3), 
this cultural item is a specific ceremonial object needed by 
traditional Native American religious leaders for the practice of 
traditional Native American religions by their present-day adherents. 
Officials of the Robert S. Peabody Museum have determined that, 
pursuant to 43 CFR 10.2 (d)(4), this cultural item has ongoing 
historical, traditional, and cultural importance central to the culture 
itself, and could not have been alienated, appropriated, or conveyed by 
any individual. Officials of the Robert S. Peabody Museum have also 
determined that, pursuant to 43 CFR 10.2 (e), there is a relationship 
of shared group identity which can be reasonably traced between this 
item and the Pueblo of Jemez.
    This notice has been sent to officials of the Pueblo of Jemez. 
Representatives of any other Indian tribe that believes itself to be 
culturally affiliated with this object should contact James W. Bradley, 
Director, Robert S. Peabody Museum of Archaeology, Phillips Academy, 
Andover, MA 01810, telephone (978) 749-4490 before April 23, 1998. 
Repatriation of this object to the Pueblo of Jemez may begin after that 
date if no additional claimants come forward.
Dated: March 16, 1998.

    Francis P. McManamon,
Departmental Consulting Archeologist,
Manager, Archeology and Ethnography Program.
[FR Doc. 98-7503 Filed 3-23-98 ; 8:45 am]
BILLING CODE 4310-70-F