82_FR_40964 82 FR 40799 - Notice of Intent to Repatriate Cultural Items: Brooklyn Museum, Brooklyn, NY

82 FR 40799 - Notice of Intent to Repatriate Cultural Items: Brooklyn Museum, Brooklyn, NY

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40799-40800
FR Document2017-18188

The Brooklyn Museum, in consultation with the appropriate Indian Tribe, has determined that the cultural item listed in this notice meets the definition of sacred object and object of cultural patrimony. Lineal descendants or representatives of any Indian Tribe not identified in this notice that wish to claim this cultural item should submit a written request to the Brooklyn Museum. If no additional claimants come forward, transfer of control of the cultural item to the Indian Tribe stated in this notice may proceed.

Federal Register, Volume 82 Issue 165 (Monday, August 28, 2017)
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40799-40800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18188]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0023877; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent to Repatriate Cultural Items: Brooklyn Museum, 
Brooklyn, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Brooklyn Museum, in consultation with the appropriate 
Indian Tribe, has determined that the cultural item listed in this 
notice meets the definition of sacred object and object of cultural 
patrimony. Lineal descendants or representatives of any Indian Tribe 
not identified in this notice that wish to claim this cultural item 
should submit a written request to the Brooklyn Museum. If no 
additional claimants come forward, transfer of control of the cultural 
item to the Indian Tribe stated in this notice may proceed.

DATES: Lineal descendants or representatives of any Indian Tribe not 
identified in this notice that wish to claim this cultural item should 
submit a written request with information in support of the claim to 
the Brooklyn Museum at the address in this notice by September 27, 
2017.

ADDRESSES: Nancy Rosoff, Andrew W. Mellon Senior Curator, Arts of the 
Americas, Brooklyn Museum, 200 Eastern Parkway, Brooklyn, NY 11238, 
telephone (718) 501-6283, [email protected].

SUPPLEMENTARY INFORMATION: 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 a cultural item under the 
control of the Brooklyn Museum, Brooklyn, NY, that meets the definition 
of sacred object and object of 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 in this notice are the sole responsibility of the museum 
that has control of the Native American cultural item. The National 
Park Service is not responsible for the determinations in this notice.

History and Description of the Cultural Item

    On August 7, 1905, Stewart Culin, the Brooklyn Museum's Curator of 
Ethnology (1903-1929) purchased a woman's dance skirt from Brouse 
Brizard in Arcata, Humboldt County, CA. Culin purchased the skirt at 
Brizard's home, not in his Arcata store. Following Culin's purchase of 
the skirt, it was brought to the Brooklyn Museum where it was 
accessioned as Hupa and given the accession number 06.331.7923. This 
woman's dance skirt has been identified as Wiyot and as a sacred object 
and object of cultural patrimony.
    Museum records and information provided during consultation with 
Wiyot representatives indicate that the skirt is culturally affiliated 
with the Wiyot Tribe of northwestern California. The skirt is 
identified as Wiyot based upon its physical appearance and 
construction. It is made of deer hide and adorned with abalone shell, 
clam shell, copper, bear grass, maidenhair fern, iris fibers, and glass 
beads. While most abalone shell is a dull grey or white on the outside, 
the cut shell pieces on the Brooklyn Museum skirt are red, which means 
that they are from red abalone, an identification that relates to the 
Wiyot story of Abalone Woman, whose drops of blood created the red-
shelled abalone. The story explains why red abalone is only found along 
the shores of Wiyot territory, and therefore is used in the making of 
Wiyot regalia.
    Tribal representatives also identified the skirt as a ceremonial 
garment worn by Wiyot women during the Brush Dance, which is held 
during the annual World Renewal Ceremony in winter or early spring. As 
such, it is considered sacred, and an inalienable ceremonial object, 
which was obtained without the consent of an appropriate Wiyot 
authority. The Wiyot maintain that Brouse Brizard was not the rightful 
owner of the garment because Wiyot law prohibits the sale of ceremonial 
items.
    The circumstances in which sacred and ceremonial objects were 
separated from the Wiyot people can be explained by their history. In 
1860, Wiyot life in their traditional homeland was violently 
interrupted by the nighttime massacre of as many as 250 women, children 
and elders, probably by gold prospectors. The massacre resulted in 
survivors fleeing Wiyot territory and ultimately seeking protection 
among their Hupa and Yurok neighbors. During a lengthy period when the 
Wiyot were refugees, ceremonial life was curtailed. In 1981, the Wiyot 
Tribe received federal recognition and, in 1991, they were moved to the 
Table Bluff Reservation. Slowly they have been buying back lands that 
were originally part of their traditional territory. Today the Wiyot 
Tribe has approximately 650 enrolled members. It has a language 
revitalization program, and an active repatriation program to bring 
cultural heritage objects back home. In 2014, after the industrial 
contamination of their sacred site on Indian Island was cleaned up, the 
Wiyot held their first World Renewal Ceremonial in over 150 years.

Determinations Made by the Brooklyn Museum

    Officials of the Brooklyn Museum have determined that:
     Pursuant to 25 U.S.C. 3001(3)(C), the one cultural item 
described above 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.
     Pursuant to 25 U.S.C. 3001(3)(D), the one cultural item 
described above has ongoing historical, traditional, or cultural 
importance central to the Native American group or culture itself, 
rather than property owned by an individual.

[[Page 40800]]

     Pursuant to 25 U.S.C. 3001(2), there is a relationship of 
shared group identity that can be reasonably traced between the sacred 
object and object of cultural patrimony and the Wiyot Tribe, California 
(previously listed as the Table Bluff Reservation--Wiyot Tribe).

Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe not 
identified in this notice that wish to claim this cultural item should 
submit a written request with information in support of the claim to 
Nancy Rosoff, Andrew W. Mellon Senior Curator, Arts of the Americas, 
Brooklyn Museum, 200 Eastern Parkway, Brooklyn, NY 11238, telephone 
(718) 501-6283, [email protected], by September 27, 2017. 
After that date, if no additional claimants have come forward, transfer 
of control of the sacred object and object of cultural patrimony to the 
Wiyot Tribe, California (previously listed as the Table Bluff 
Reservation--Wiyot Tribe) may proceed.
    The Brooklyn Museum is responsible for notifying the Wiyot Tribe, 
California (previously listed as the Table Bluff Reservation--Wiyot 
Tribe) that this notice has been published.

    Dated: July 26, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-18188 Filed 8-25-17; 8:45 am]
 BILLING CODE 4312-52-P



                                                                                 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices                                           40799

                                                    and local agencies, along with Tribes                   control of the cultural item to the Indian            identification that relates to the Wiyot
                                                    and other stakeholders who may be                       Tribe stated in this notice may proceed.              story of Abalone Woman, whose drops
                                                    interested in or affected by the proposed               DATES: Lineal descendants or                          of blood created the red-shelled abalone.
                                                    action that the BLM is evaluating, are                  representatives of any Indian Tribe not               The story explains why red abalone is
                                                    invited to participate in the scoping                   identified in this notice that wish to                only found along the shores of Wiyot
                                                    process and, if eligible, may request or                claim this cultural item should submit                territory, and therefore is used in the
                                                    be requested by the BLM to participate                  a written request with information in                 making of Wiyot regalia.
                                                    in the development of the EA as a                       support of the claim to the Brooklyn                     Tribal representatives also identified
                                                    Cooperating Agency.                                     Museum at the address in this notice by               the skirt as a ceremonial garment worn
                                                      The BLM will provide a public                         September 27, 2017.                                   by Wiyot women during the Brush
                                                    comment period for the Draft RMP                                                                              Dance, which is held during the annual
                                                                                                            ADDRESSES: Nancy Rosoff, Andrew W.
                                                    Amendment(s)/EA. The BLM will                                                                                 World Renewal Ceremony in winter or
                                                                                                            Mellon Senior Curator, Arts of the
                                                    continue to work collaboratively with                                                                         early spring. As such, it is considered
                                                                                                            Americas, Brooklyn Museum, 200
                                                    interested parties to identify the                                                                            sacred, and an inalienable ceremonial
                                                                                                            Eastern Parkway, Brooklyn, NY 11238,
                                                    amendments and selected route that are                                                                        object, which was obtained without the
                                                                                                            telephone (718) 501–6283,
                                                    best suited to local, regional, and                                                                           consent of an appropriate Wiyot
                                                                                                            nancy.rosoff@brooklynmuseum.org.
                                                    national needs and concerns.                                                                                  authority. The Wiyot maintain that
                                                                                                            SUPPLEMENTARY INFORMATION: Notice is                  Brouse Brizard was not the rightful
                                                      The BLM used an interdisciplinary
                                                                                                            here given in accordance with the                     owner of the garment because Wiyot law
                                                    approach to select an alternative from
                                                                                                            Native American Graves Protection and                 prohibits the sale of ceremonial items.
                                                    the Supplemental EIS to respond to the
                                                                                                            Repatriation Act (NAGPRA), 25 U.S.C.                     The circumstances in which sacred
                                                    ROW application, and will continue this
                                                                                                            3005, of the intent to repatriate a                   and ceremonial objects were separated
                                                    approach in reconsidering the January
                                                                                                            cultural item under the control of the                from the Wiyot people can be explained
                                                    19, 2017, Decision.
                                                                                                            Brooklyn Museum, Brooklyn, NY, that                   by their history. In 1860, Wiyot life in
                                                      Before including your address, phone
                                                                                                            meets the definition of sacred object and             their traditional homeland was violently
                                                    number, email address, or other
                                                                                                            object of cultural patrimony under 25                 interrupted by the nighttime massacre of
                                                    personal identifying information in your
                                                                                                            U.S.C. 3001.                                          as many as 250 women, children and
                                                    comment, you should be aware that
                                                                                                               This notice is published as part of the            elders, probably by gold prospectors.
                                                    your entire comment—including your
                                                                                                            National Park Service’s administrative                The massacre resulted in survivors
                                                    personal identifying information—may
                                                                                                            responsibilities under NAGPRA, 25                     fleeing Wiyot territory and ultimately
                                                    be made publicly available at any time.
                                                                                                            U.S.C. 3003(d)(3). The determinations in              seeking protection among their Hupa
                                                    While you can ask us in your comment
                                                                                                            this notice are the sole responsibility of            and Yurok neighbors. During a lengthy
                                                    to withhold your personal identifying
                                                                                                            the museum that has control of the                    period when the Wiyot were refugees,
                                                    information from public review, we
                                                                                                            Native American cultural item. The                    ceremonial life was curtailed. In 1981,
                                                    cannot guarantee that we will be able to
                                                                                                            National Park Service is not responsible              the Wiyot Tribe received federal
                                                    do so.
                                                                                                            for the determinations in this notice.                recognition and, in 1991, they were
                                                      Authority: 40 CFR 1501.7 and 43 CFR                                                                         moved to the Table Bluff Reservation.
                                                    1610.2.                                                 History and Description of the Cultural
                                                                                                            Item                                                  Slowly they have been buying back
                                                    Timothy M. Murphy,                                                                                            lands that were originally part of their
                                                                                                               On August 7, 1905, Stewart Culin, the              traditional territory. Today the Wiyot
                                                    BLM Idaho State Director.
                                                                                                            Brooklyn Museum’s Curator of                          Tribe has approximately 650 enrolled
                                                    [FR Doc. 2017–18181 Filed 8–25–17; 8:45 am]
                                                                                                            Ethnology (1903–1929) purchased a                     members. It has a language
                                                    BILLING CODE 4310–GG–P
                                                                                                            woman’s dance skirt from Brouse                       revitalization program, and an active
                                                                                                            Brizard in Arcata, Humboldt County,                   repatriation program to bring cultural
                                                                                                            CA. Culin purchased the skirt at                      heritage objects back home. In 2014,
                                                    DEPARTMENT OF THE INTERIOR
                                                                                                            Brizard’s home, not in his Arcata store.              after the industrial contamination of
                                                    National Park Service                                   Following Culin’s purchase of the skirt,              their sacred site on Indian Island was
                                                                                                            it was brought to the Brooklyn Museum                 cleaned up, the Wiyot held their first
                                                    [NPS–WASO–NAGPRA–NPS0023877;                            where it was accessioned as Hupa and
                                                    PPWOCRADN0–PCU00RP14.R50000]                                                                                  World Renewal Ceremonial in over 150
                                                                                                            given the accession number                            years.
                                                                                                            06.331.7923. This woman’s dance skirt
                                                    Notice of Intent to Repatriate Cultural                                                                       Determinations Made by the Brooklyn
                                                                                                            has been identified as Wiyot and as a
                                                    Items: Brooklyn Museum, Brooklyn,                                                                             Museum
                                                                                                            sacred object and object of cultural
                                                    NY
                                                                                                            patrimony.                                               Officials of the Brooklyn Museum
                                                    AGENCY:   National Park Service, Interior.                 Museum records and information                     have determined that:
                                                    ACTION:   Notice.                                       provided during consultation with                        • Pursuant to 25 U.S.C. 3001(3)(C),
                                                                                                            Wiyot representatives indicate that the               the one cultural item described above is
                                                    SUMMARY:   The Brooklyn Museum, in                      skirt is culturally affiliated with the               a specific ceremonial object needed by
                                                    consultation with the appropriate                       Wiyot Tribe of northwestern California.               traditional Native American religious
                                                    Indian Tribe, has determined that the                   The skirt is identified as Wiyot based                leaders for the practice of traditional
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    cultural item listed in this notice meets               upon its physical appearance and                      Native American religions by their
                                                    the definition of sacred object and object              construction. It is made of deer hide and             present-day adherents.
                                                    of cultural patrimony. Lineal                           adorned with abalone shell, clam shell,                  • Pursuant to 25 U.S.C. 3001(3)(D),
                                                    descendants or representatives of any                   copper, bear grass, maidenhair fern, iris             the one cultural item described above
                                                    Indian Tribe not identified in this notice              fibers, and glass beads. While most                   has ongoing historical, traditional, or
                                                    that wish to claim this cultural item                   abalone shell is a dull grey or white on              cultural importance central to the
                                                    should submit a written request to the                  the outside, the cut shell pieces on the              Native American group or culture itself,
                                                    Brooklyn Museum. If no additional                       Brooklyn Museum skirt are red, which                  rather than property owned by an
                                                    claimants come forward, transfer of                     means that they are from red abalone, an              individual.


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                                                    40800                        Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

                                                       • Pursuant to 25 U.S.C. 3001(2), there               or Native Hawaiian organizations stated               items to DMNS on May 27, 1983. The
                                                    is a relationship of shared group                       in this notice may proceed.                           ceremonial pot (AC.118) was donated to
                                                    identity that can be reasonably traced                  DATES: Lineal descendants or                          DMNS in November of 1972.
                                                    between the sacred object and object of                 representatives of any Indian Tribe or                   Cultural affiliation was established
                                                    cultural patrimony and the Wiyot Tribe,                 Native Hawaiian organization not                      through documentation, consultation,
                                                    California (previously listed as the Table              identified in this notice that wish to                and notification procedures undertaken
                                                    Bluff Reservation—Wiyot Tribe).                         claim these cultural items should                     by Damian Garcia and Aaron Sims, and
                                                    Additional Requestors and Disposition                   submit a written request with                         corroborated by the DMNS’s accession
                                                                                                            information in support of the claim to
                                                       Lineal descendants or representatives                                                                      documentation, showing cultural
                                                                                                            the Denver Museum of Nature & Science
                                                    of any Indian Tribe not identified in this                                                                    affiliation with the Pueblo of Acoma.
                                                                                                            at the address in this notice by
                                                    notice that wish to claim this cultural                 September 27, 2017.                                   Determinations Made by the Denver
                                                    item should submit a written request
                                                    with information in support of the claim                ADDRESSES: Chip Colwell, Denver                       Museum of Nature & Science
                                                    to Nancy Rosoff, Andrew W. Mellon                       Museum of Nature & Science, 2001
                                                                                                            Colorado Boulevard, Denver, CO 80205,                    Officials of the Denver Museum of
                                                    Senior Curator, Arts of the Americas,                                                                         Nature & Science have determined that:
                                                    Brooklyn Museum, 200 Eastern                            telephone (303) 370–6378, email
                                                    Parkway, Brooklyn, NY 11238,                            chip.colwell@dmns.org.                                   • Pursuant to 25 U.S.C. 3001(3)(C),
                                                    telephone (718) 501–6283,                               SUPPLEMENTARY INFORMATION: Notice is                  the 10 cultural items described above
                                                    nancy.rosoff@brooklynmuseum.org, by                     here given in accordance with the                     are specific ceremonial objects needed
                                                    September 27, 2017. After that date, if                 Native American Graves Protection and                 by traditional Native American religious
                                                    no additional claimants have come                       Repatriation Act (NAGPRA), 25 U.S.C.                  leaders for the practice of traditional
                                                    forward, transfer of control of the sacred              3005, of the intent to repatriate cultural            Native American religions by their
                                                    object and object of cultural patrimony                 items under the control of the Denver                 present-day adherents.
                                                                                                            Museum of Nature & Science, Denver,
                                                    to the Wiyot Tribe, California                                                                                   • Pursuant to 25 U.S.C. 3001(3)(D),
                                                    (previously listed as the Table Bluff                   CO, that meet the definition of sacred
                                                                                                                                                                  the 10 cultural items described above
                                                    Reservation—Wiyot Tribe) may proceed.                   objects and objects of cultural
                                                                                                            patrimony under 25 U.S.C. 3001.                       have ongoing historical, traditional, or
                                                       The Brooklyn Museum is responsible                                                                         cultural importance central to the
                                                    for notifying the Wiyot Tribe, California                  This notice is published as part of the
                                                                                                            National Park Service’s administrative                Native American group or culture itself,
                                                    (previously listed as the Table Bluff
                                                                                                            responsibilities under NAGPRA, 25                     rather than property owned by an
                                                    Reservation—Wiyot Tribe) that this
                                                                                                            U.S.C. 3003(d)(3). The determinations in              individual.
                                                    notice has been published.
                                                     Dated: July 26, 2017.
                                                                                                            this notice are the sole responsibility of               • Pursuant to 25 U.S.C. 3001(2), there
                                                                                                            the museum, institution, or Federal                   is a relationship of shared group
                                                    Melanie O’Brien,                                        agency that has control of the Native                 identity that can be reasonably traced
                                                    Manager, National NAGPRA Program.                       American cultural items. The National                 between the sacred objects and objects
                                                    [FR Doc. 2017–18188 Filed 8–25–17; 8:45 am]             Park Service is not responsible for the               of cultural patrimony and the Pueblo of
                                                    BILLING CODE 4312–52–P                                  determinations in this notice.                        Acoma.
                                                                                                            History and Description of the Cultural               Additional Requestors and Disposition
                                                    DEPARTMENT OF THE INTERIOR                              Item(s)
                                                                                                               Prior to 1964, 10 cultural items were                 Lineal descendants or representatives
                                                    National Park Service                                   removed from The Pueblo of Acoma in                   of any Indian Tribe or Native Hawaiian
                                                    [NPS–WASO–NAGPRA–23693;                                 Cibola County, NM. The 10 sacred                      organization not identified in this notice
                                                    PPWOCRADN0–PCU00RP14.R50000]                            objects and objects of cultural                       that wish to claim these cultural items
                                                                                                            patrimony include one Katsina                         should submit a written request with
                                                    Notice of Intent To Repatriate Cultural                 Uuwaa’ka (AC.6501), collected by Byron                information in support of the claim to
                                                    Items: Denver Museum of Nature &                        Harvey III, a great grandson of Fred                  Chip Colwell, Denver Museum of
                                                    Science, Denver, CO                                     Harvey; one Katsina Uuwaa’ka                          Nature & Science, 2001 Colorado
                                                    AGENCY:   National Park Service, Interior.              (AC.7696), collected by the Taos Book                 Boulevard, Denver, CO 80205,
                                                    ACTION:   Notice.                                       Shop; one Katsina Uuwaa’ka (AC.4820),                 telephone (303) 370–6378, email
                                                                                                            collected by William S. Dutton of La                  chip.colwell@dmns.org, by September
                                                    SUMMARY:   The Denver Museum of                         Posada Gift Shop; one ceremonial pot                  27, 2017. After that date, if no
                                                    Nature & Science, in consultation with                  (AC.118), used to keep ceremonial paint               additional claimants have come
                                                    the appropriate Indian Tribes or Native                 and to collect rain water to make                     forward, transfer of control of the sacred
                                                    Hawaiian organizations, has determined                  ceremonial medicine for curing                        objects and objects of cultural
                                                    that the cultural items listed in this                  ceremonies, collected by Erich Kohlberg               patrimony to the Pueblo of Acoma may
                                                    notice meet the definition of sacred                    of Kohlberg’s Antiques and Indian Arts;               proceed.
                                                    objects and objects of cultural                         two ceremonial pots (AC.2278 and
                                                    patrimony. Lineal descendants or                        AC.2279), used in kivas for ceremony,                    The Denver Museum of Nature &
                                                                                                                                                                  Science is responsible for notifying the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    representatives of any Indian Tribe or                  collected by Julius Gans, of Southwest
                                                    Native Hawaiian organization not                        Arts and Crafts in Santa Fe, NM; and                  Pueblo of Acoma that this notice has
                                                    identified in this notice that wish to                  four prayer sticks (AC.4809A,                         been published.
                                                    claim these cultural items should                       AC.4809C, AC4809D, and AC.4809E),                      Dated: July 5, 2017.
                                                    submit a written request to the Denver                  collected by William S. Dutton of La                  Melanie O’Brien,
                                                    Museum of Nature & Science. If no                       Posada Gift Shop. All of the cultural
                                                                                                                                                                  Manager, National NAGPRA Program.
                                                    additional claimants come forward,                      objects were purchase by Mary and
                                                    transfer of control of the cultural items               Francis Crane between 1954 and 1964.                  [FR Doc. 2017–18184 Filed 8–25–17; 8:45 am]
                                                    to the lineal descendants, Indian Tribes,               The Cranes then donated nine of the                   BILLING CODE 4312–52–P




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Document Created: 2017-08-28 11:30:10
Document Modified: 2017-08-28 11:30:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesLineal descendants or representatives of any Indian Tribe not identified in this notice that wish to claim this cultural item should submit a written request with information in support of the claim to
FR Citation82 FR 40799 

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