[Federal Register: October 1, 1998 (Volume 63, Number 190)]
[Notices]               
[Page 52745]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc98-89]

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

DEPARTMENT OF THE INTERIOR

National Park Service

 
Notice of Intent to Repatriate Cultural Items in the Possession 
of the U.S. Fish & Wildlife Service, Mesa, AZ

AGENCY: National Park Service

ACTION: Notice

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

    Notice is hereby given under the Native American Graves Protection 
and Repatriation Act, 43 CFR 10.10 (a)(3), of the intent to repatriate 
cultural items in the possession of the U.S. Fish & Wildlife Service, 
Mesa, AZ which meet the definition of ``object of cultural patrimony'' 
under Section 2 of the Act.
    The cultural items are: 30 medicine bags, two fire starter kits, 
two deer toe rattles, one constellation rattle, two prayer sticks, two 
animal skin wraps, and two small wooden bows. Collectively, these items 
are referred to as Na'at'oye' jish, or Shooting/Lightening Way 
paraphernalia
    On July 19, 1996, an undercover Special Agent of the U.S. Fish & 
Wildlife Service purchased two prayer sticks, an animal skip wrap, and 
two medicine bags from Neil Hicks, owner of Indian Territory, Tucson, 
AZ. Mr. Hicks told the Agent at the time of purchase that all items 
were ``Navajo Medicine items.'' Following the execution of a federal 
search warrant in November 1996, Special Agents of the U.S. Fish & 
Wildlife Service recovered the Navajo medicine items listed above. On 
June 25, 1998, Mr. Neil Hicks, DBA Indian Territory, pled guilty to 
selling Native American cultural items obtained in violation of the 
Native American Graves Protection and Repatriation Act (Title 18 USC, 
Section 1173).
    These cultural items were purchased by Mr. Hicks from person(s) 
unknown who obtained these items in voilation of the Act. Consultation 
evidence presented by representatives of the Navajo Nation indicate 
that the Lightning Way is one of twelve major chants still performed in 
the Navajo Nation. Bundles for these Ways should only be in the 
possession of a qualified Hataalii (chanter, singer, or medicine 
person) capable of understanding the jish. In Navajo tradition, jish is 
only cared for or possessed by a human being, it is not ``property'' 
capable of being ``owned'' in the Western meanings of the words.
    Officials of the U.S. Fish & Wildlife Service have determined that, 
pursuant to 43 CFR 10.2 (d)(4), these 41 cultural items have 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 U.S. Fish & Wildlife Service 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 these 
items and the Navajo Nation.
    This notice has been sent to officials of the Navajo Nation. 
Representatives of any other Indian tribe that believes itself to be 
culturally affiliated with these objects should contact Kevin Ellis, 
Special Agent, Office of Law Enforcement, U.S. Fish & Wildlife Service, 
26 N. MacDonald, Room 105, Mesa, AZ 85201; telephone: (602) 835-8289 
before November 2, 1998. Repatriation of these objects to the Navajo 
Nation may begin after that date if no additional claimants come 
forward.

    Dated: September 28, 1998.
Francis P. McManamon,
Departmental Consulting Archeologist,
Manager, Archeology and Ethnography Program.
[FR Doc. 98-26334 Filed 9-30-98; 8:45 am]
BILLING CODE 4310-70-F