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)

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, 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