FR Doc 03-17269
[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Notices]
[Page 41009-41010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-126]

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DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Intent to Repatriate Cultural Items: U.S. Department of
the Interior, U.S. Fish and Wildlife Service, Office of Law
Enforcement, Albuquerque, NM

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 U.S.
Department of the Interior, U.S. Fish and Wildlife Service, Office of
Law Enforcement, Albuquerque, NM, that meet the definitions of sacred
objects and cultural patrimony 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 within 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 within this notice.
    The 44 cultural items are 9 anthropomorphic kachina figures, 1
anthropomorphic figure in a cradle and 1 companion anthropomorphic
figure, 1 stone anthropomorphic figure with turquoise eyes and shell
mouth, 3 stone figures, 1 wooden arrow shaft approximately 8 inches
long and wrapped with string and plant material, 3 wooden arrow shafts,
2 medicine wands, 5 hair ties with eagle and migratory bird feathers, 1
prayer stick with turkey feathers, 3 dance rattles, 5 headpieces or
tablitas, 1 altar piece, 1 red-shafted flicker feather, 2 flint tools,
1 woven cotton sash, 2 woven shawls or mantas with embroidery, and 2
silver pins used with mantas.
    During 1999 and 2000, the U.S. Department of the Interior, U.S.
Fish and Wildlife Service, Office of Law Enforcement, Albuquerque, NM,
participated in an undercover investigation of several individuals
believed to be engaged in the illegal trafficking of Native American
cultural items. Federal agents purchased or seized several cultural
items as part of the investigation. On September 10, 2002, Joshua Baer
and Thomas Cavaliere each pled guilty to three counts of illegal
trafficking of Native American cultural items obtained in violation of
18 U.S.C. 1170 (b). On January 3 and February 12, 2003, the U.S.
District Court for the District of New Mexico ordered that all items
seized during the investigation be forfeited to the U.S. Department of
the Interior, U.S. Fish and Wildlife Service, Office of Law
Enforcement, Albuquerque, NM, and repatriated to the culturally
affiliated Indian tribes. The 44 cultural items are part of the items
forfeited to the U.S. Fish and Wildlife Service.
    The U.S. Department of the Interior, U.S. Fish and Wildlife
Service, Office of Law Enforcement, Albuquerque, NM, prepared a summary
of the cultural items obtained during the investigation. The U.S.
Department of the Interior, U.S. Fish and Wildlife Service, Office of
Law Enforcement, Albuquerque, NM, also consulted with representatives
of

[[Page 41010]]

the Hopi Tribe of Arizona; Navajo Nation, Arizona, New Mexico & Utah;
Pueblo of Acoma, New Mexico; Pueblo of Jemez, New Mexico; Pueblo of
Laguna, New Mexico; Pueblo of Santo Domingo, New Mexico; and Zuni Tribe
of the Zuni Reservation, New Mexico.
    Representatives of the Pueblo of Jemez, New Mexico identified the
44 cultural items as ceremonial objects needed for the practice of
traditional religion. They identified the anthropomorphic kachina
figures as being kept in individuals' homes as spiritual guardians.
They identified the tablitas and hair ties as being worn in particular
religious ceremonies. They identified one of the flint tools as having
been stolen from the Flint Society House during a break-in. The
representatives of the Pueblo of Jemez, New Mexico identified all 44
cultural items as the communal property of the pueblo as a whole that
could not be sold or given away by an individual.
    Officials of the U.S. Department of the Interior, U.S. Fish and
Wildlife Service, Office of Law Enforcement, Albuquerque, NM, have
determined that, pursuant to 25 U.S.C. 3001 (3)(C), the 44 cultural
items are specific ceremonial objects needed by traditional Native
American religious leaders for the practice of traditional Native
American religion by their present-day adherents. Officials of the U.S.
Department of the Interior, U.S. Fish and Wildlife Service, Office of
Law Enforcement, Albuquerque, NM, have determined that, pursuant to 25
U.S.C. 3001 (3)(D), the 44 cultural items also have ongoing historical,
traditional, or cultural importance central to a Native American group
or culture itself, rather than property owned by an individual.
Officials of the U.S. Department of the Interior, U.S. Fish and
Wildlife Service, Office of Law Enforcement, Albuquerque, NM, 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 44 sacred objects/objects of cultural patrimony and the
Pueblo of Jemez, New Mexico.
    Representatives of any other Indian tribe that believes itself to
be culturally affiliated with the sacred objects/objects of cultural
patrimony should contact Special Agent Lucinda D. Schroeder, U.S. Fish
and Wildlife Service, 4901 Paseo Del Norte, Albuquerque, NM 87113,
telephone (505) 828-3064, before August 8, 2003. Repatriation of the
sacred objects/objects of cultural patrimony to the Pueblo of Jemez,
New Mexico may proceed after that date if no additional claimants come
forward.
    The U.S. Department of the Interior, U.S. Fish and Wildlife
Service, Office of Law Enforcement, Albuquerque, NM, is responsible for
notifying the Hopi Tribe of Arizona; Navajo Nation, Arizona, New Mexico
& Utah; Pueblo of Acoma, New Mexico; Pueblo of Jemez, New Mexico;
Pueblo of Laguna, New Mexico; Pueblo of Santo Domingo, New Mexico; and
Zuni Tribe of the Zuni Reservation, New Mexico that this notice has
been published.

    Dated: June 11, 2003.
John Robbins,
Assistant Director, Cultural Resources.
[FR Doc. 03-17269 Filed 7-8-03; 8:45 am]

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