83_FR_4282 83 FR 4262 - Notice of Intent To Repatriate Cultural Items: Thomas Gilcrease Institute of American History and Art, Tulsa, OK

83 FR 4262 - Notice of Intent To Repatriate Cultural Items: Thomas Gilcrease Institute of American History and Art, Tulsa, OK

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range4262-4263
FR Document2018-01712

The Thomas Gilcrease Institute of American History and Art (Gilcrease Museum), in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, has determined that the cultural item listed in this notice meets the definition of a sacred object and object of cultural patrimony. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim this cultural item should submit a written request to the Gilcrease Museum. If no additional claimants come forward, transfer of control of the cultural item to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

Federal Register, Volume 83 Issue 20 (Tuesday, January 30, 2018)
[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4262-4263]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01712]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0024526; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: Thomas Gilcrease 
Institute of American History and Art, Tulsa, OK

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

SUMMARY: The Thomas Gilcrease Institute of American History and Art 
(Gilcrease Museum), in consultation with the appropriate Indian Tribes 
or Native Hawaiian organizations, has determined that the cultural item 
listed in this notice meets the definition of a sacred object and 
object of cultural patrimony. Lineal descendants or

[[Page 4263]]

representatives of any Indian Tribe or Native Hawaiian organization not 
identified in this notice that wish to claim this cultural item should 
submit a written request to the Gilcrease Museum. If no additional 
claimants come forward, transfer of control of the cultural item to the 
lineal descendants, Indian Tribes, or Native Hawaiian organizations 
stated in this notice may proceed.

DATES: Lineal descendants or representatives of any Indian Tribe or 
Native Hawaiian organization 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 Gilcrease Museum at the 
address in this notice by March 1, 2018.

ADDRESSES: Laura Bryant, Anthropology Collections Manager, Thomas 
Gilcrease Institute of American History and Art, 1400 North Gilcrease 
Museum Road, Tulsa, OK 74127, telephone (918) 596-2747, email [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 Gilcrease Museum that meets the definition of a 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, institution, or Federal agency that has control of the Native 
American cultural items. The National Park Service is not responsible 
for the determinations in this notice.

History and Description of the Cultural Item

    In the early to mid-1900s, one cultural item was removed from an 
unknown location, likely in Alaska, and was purchased by Thomas 
Gilcrease, whose collection founded the Gilcrease Museum. The exact 
circumstances of how the purchase was made, including whether a dealer 
or gallery was involved, are unknown. The one sacred object and object 
of cultural patrimony is a Chilkat robe made from mountain goat wool 
and cedar bark and depicting a Killer Whale crest, which the Central 
Council of the Tlingit and Haida Indian Tribes identified as belonging 
to the Dak'laweidi Clan.
    During consultation, representatives of the Central Council of the 
Tlingit and Haida Indian Tribes stated that Dak'laweidi Clan property 
cannot be transferred, conveyed, or alienated unless all members of the 
Clan agree, and therefore, no one individual had the legal right to 
alienate the Killer Whale Chilkat robe. They also stated that Killer 
Whale Chilkat robes also are contemporarily worn at traditional 
ceremonies and potlatches, and play an important role in funerary 
rites. This usage was confirmed by the Kootznoowoo Cultural and 
Educational Foundation and independent scholars. The Dak'laweidi Clan 
provided photographic evidence of an identical Killer Whale Chilkat 
robe being worn by Mr. Mark Jacobs, Sr., and of Mr. Frank Paul, Sr., 
dancing in a similar Chilkat robe and a Killer Whale hat.

Determinations Made by the Gilcrease Museum

    Officials of the Gilcrease 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.
     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 Central Council of the 
Tlingit and Haida Indian Tribes.

Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native 
Hawaiian organization 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 Laura Bryant, Gilcrease Museum, 1400 North 
Gilcrease Museum Road, Tulsa, OK 74127, telephone (918) 596-2747, email 
[email protected], by March 1, 2018. After that date, if no 
additional claimants have come forward, transfer of control of the 
sacred object and object of cultural patrimony to the Central Council 
of the Tlingit and Haida Indian Tribes may proceed.
    The Gilcrease Museum is responsible for notifying the Central 
Council of the Tlingit and Haida Indian Tribes that this notice has 
been published.

    Dated: October 23, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.

    Editorial Note:  The Office of the Federal Register received 
this notice on January 25, 2018.

[FR Doc. 2018-01712 Filed 1-29-18; 8:45 am]
 BILLING CODE 4312-52-P



                                               4262                          Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices

                                               Brough, J.B. Perry, and others from the                 shared cultural histories, and common                  Phillips Academy, 180 Main Street,
                                               Swanton site (VT–FR–1) located at                       origins that extend far back to the first              Andover, MA 01810, telephone (978)
                                               Highgate, near Swanton, Franklin                        human occupation of the far                            749–4490, email rwheeler@andover.edu,
                                               County, VT. The site also is known as                   northeastern United States and parts of                by March 1, 2018. After that date, if no
                                               Hemp Yard, Frink cemetery, and Frink’s                  Canada. Abenaki scholar Frederick                      additional requestors have come
                                               grounds. In 1917, the human remains                     Wiseman, in his book ‘‘Reclaiming the                  forward, transfer of control of the
                                               and associated funerary objects were                    Ancestors: Decolonizing a Taken                        human remains and associated funerary
                                               given to the Phillips Academy                           Prehistory of the Far Northeast,’’                     objects may proceed to the Aroostook
                                               Department of Archaeology (now the                      presents detailed information on the                   Band of Micmacs (previously listed as
                                               Robert S. Peabody Museum of                             interrelatedness of the Wabanaki, their                the Aroostook Band of Micmac Indians);
                                               Archaeology) by John W. Brough.                         distinct regional adaptations, and                     Houlton Band of Maliseet Indians;
                                               Information about the site can be found                 modern political entities. Multiple lines              Passamaquoddy Tribe; Penobscot
                                               in Warren K. Moorehead’s 1922 book ‘‘A                  of evidence guided by tribal                           Nation (previously listed as the
                                               Report on the Archaeology of Maine’’                    consultations, including geographic                    Penobscot Tribe of Maine); and, if
                                               (see pages 241–257, which deal with                     location, maps, oral tradition, linguistic,            joined to one or more of the culturally
                                               Moorehead’s Lake Champlain survey).                     and archeological data, demonstrate a                  affililated tribes, any of the following
                                               Archeologist Stephen Loring, in his                     shared group identity between the                      non-federally recognized Indian groups:
                                               1985 article ‘‘Boundary Maintenance,                    human remains and associated funerary                  Abenaki Nation of Missisquoi, St.
                                               Mortuary Ceremonialism and Resource                     objects in this notice and the Aroostook               Francis/Sokoki Band; Elnu Tribe of the
                                               Control in the Early Woodland: Three                    Band of Micmacs (previously listed as                  Abenaki; Koasek Traditional Band of the
                                               Cemetery Sites in Vermont,’’ indicates                  the Aroostook Band of Micmac Indians);                 Koas Abenaki Nation; and Nulhegan
                                               that the Swanton site was first                         Houlton Band of Maliseet Indians;                      Abenaki Tribe.
                                               mentioned in 1868 by the Reverend J.B.                  Passamaquoddy Tribe; Penobscot                            The Robert S. Peabody Museum of
                                               Perry, following its exposure by logging,               Nation (previously listed as the                       Archaeology is responsible for notifying
                                               mining, and erosion activities in the                   Penobscot Tribe of Maine); and the                     the Aroostook Band of Micmacs
                                               early 1860s. Loring describes the                       following non-federally recognized                     (previously listed as the Aroostook Band
                                               Swanton site as part of an Early                        Indian groups: Abenaki Nation of                       of Micmac Indians); Houlton Band of
                                               Woodland-era mortuary complex that                      Missisquoi, St. Francis/Sokoki Band;                   Maliseet Indians; Passamaquoddy Tribe;
                                               included exotic funerary objects, large                 Elnu Tribe of the Abenaki; Koasek                      Penobscot Nation (previously listed as
                                               bifacial stone blades, and the use of red               Traditional Band of the Koas Abenaki                   the Penobscot Tribe of Maine); Abenaki
                                               ochre. The mortuary complex is                          Nation; and Nulhegan Abenaki Tribe.                    Nation of Missisquoi (St. Francis/Sokoki
                                               approximately 2,000 to 3,000 years old.                 Determinations Made by the Robert S.                   Band), Elnu Tribe of the Abenaki,
                                               Examination of the human remains by                     Peabody Museum of Archaeology                          Koasek Traditional Band of the Koas
                                               physical anthropologist Michael J.                                                                             Abenaki Nation, and Nulhegan Abenaki
                                               Gibbons in 1993 identified a subadult                      Officials of the Robert S. Peabody                  Tribe that this notice has been
                                               male, aged 17 to 20 years old at time of                Museum of Archaeology have                             published.
                                               death, represented by fragmentary                       determined that:
                                               clavicle and mandible, both of which                       • Pursuant to 25 U.S.C. 3001(9), the                 Dated: October 5, 2017.
                                                                                                       human remains described in this notice                 Melanie O’Brien,
                                               are copper stained (object ID numbers
                                                                                                       represent the physical remains of 1                    Manager, National NAGPRA Program.
                                               58495 and 58496). No known individual
                                               was identified. The 66 associated                       individual of Native American ancestry.                  Editorial Note: This document was
                                                                                                          • Pursuant to 25 U.S.C. 3001(3)(A),                 received at the Office of the Federal Register
                                               funerary objects include 1 discoidal
                                                                                                       the 66 objects described in this notice                on January 25, 2018.
                                               stone (16937), 1 large stemmed slate
                                                                                                       are reasonably believed to have been
                                               biface (58480), 1 quartz stemmed biface                                                                        [FR Doc. 2018–01720 Filed 1–29–18; 8:45 am]
                                                                                                       placed with or near individual human
                                               (58482), 1 waterworn stemmed slate                                                                             BILLING CODE 4312–52–P
                                                                                                       remains at the time of death or later as
                                               biface (58483), 1 leaf-shaped chert
                                                                                                       part of the death rite or ceremony.
                                               biface (58485), 1 leaf-shaped chert                        • Pursuant to 25 U.S.C. 3001(2), there
                                               biface (58486), 1 fragmentary quartz                                                                           DEPARTMENT OF THE INTERIOR
                                                                                                       is a relationship of shared group
                                               biface (58488), 1 large jasper biface                   identity that can be reasonably traced
                                               (58489), 1 polishing stone of slate                                                                            National Park Service
                                                                                                       between the Native American human
                                               (58490), 1 rhyolite celt (58491), 1                     remains and associated funerary objects                [NPS–WASO–NAGPRA–NPS0024526;
                                               groundstone celt (58492), 3 large shell                 and the Aroostook Band of Micmacs                      PPWOCRADN0–PCU00RP14.R50000]
                                               beads (58493), 2 small shell beads                      (previously listed as the Aroostook Band
                                               (58494), 1 phyllite gorget (58497), 1                                                                          Notice of Intent To Repatriate Cultural
                                                                                                       of Micmac Indians); Houlton Band of                    Items: Thomas Gilcrease Institute of
                                               decorated ceramic rim sherd (58498), 1                  Maliseet Indians; Passamaquoddy Tribe;
                                               copper drill or perforator (58499), 1                                                                          American History and Art, Tulsa, OK
                                                                                                       and the Penobscot Nation (previously
                                               fragmentary quartz biface (58501), 4                    listed as the Penobscot Tribe of Maine).               AGENCY:   National Park Service, Interior.
                                               fragmentary chipped stone tools
                                                                                                       Additional Requestors and Disposition                  ACTION:   Notice.
                                               (58503), 35 fragments of copper beads,
                                               some with preserved cordage (2017.2.1),                   Lineal descendants or representatives                SUMMARY:   The Thomas Gilcrease
                                               5 tubular beads, and 2 Common Atlantic                  of any Indian Tribe or Native Hawaiian                 Institute of American History and Art
daltland on DSKBBV9HB2PROD with NOTICES




                                               Marginella (Prunum apicinum) beads                      organization not identified in this notice             (Gilcrease Museum), in consultation
                                               (2017.2.2).                                             that wish to request transfer of control               with the appropriate Indian Tribes or
                                                  During consultation representatives of               of these human remains and associated                  Native Hawaiian organizations, has
                                               the Wabanaki Tribes and Abenaki                         funerary objects should submit a written               determined that the cultural item listed
                                               groups emphasized that they considered                  request with information in support of                 in this notice meets the definition of a
                                               themselves collectively to be                           the request to Ryan Wheeler, Robert S.                 sacred object and object of cultural
                                               Wabanakis, with similar languages,                      Peabody Museum of Archaeology,                         patrimony. Lineal descendants or


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                                                                             Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices                                                  4263

                                               representatives of any Indian Tribe or                  Dak’laweidi Clan property cannot be                     Dated: October 23, 2017.
                                               Native Hawaiian organization not                        transferred, conveyed, or alienated                    Melanie O’Brien,
                                               identified in this notice that wish to                  unless all members of the Clan agree,                  Manager, National NAGPRA Program.
                                               claim this cultural item should submit                  and therefore, no one individual had the
                                               a written request to the Gilcrease                      legal right to alienate the Killer Whale                 Editorial Note: The Office of the Federal
                                                                                                                                                              Register received this notice on January 25,
                                               Museum. If no additional claimants                      Chilkat robe. They also stated that Killer             2018.
                                               come forward, transfer of control of the                Whale Chilkat robes also are
                                                                                                                                                              [FR Doc. 2018–01712 Filed 1–29–18; 8:45 am]
                                               cultural item to the lineal descendants,                contemporarily worn at traditional
                                               Indian Tribes, or Native Hawaiian                       ceremonies and potlatches, and play an                 BILLING CODE 4312–52–P

                                               organizations stated in this notice may                 important role in funerary rites. This
                                               proceed.                                                usage was confirmed by the
                                                                                                                                                              DEPARTMENT OF THE INTERIOR
                                               DATES: Lineal descendants or                            Kootznoowoo Cultural and Educational
                                               representatives of any Indian Tribe or                  Foundation and independent scholars.                   National Park Service
                                               Native Hawaiian organization not                        The Dak’laweidi Clan provided
                                               identified in this notice that wish to                  photographic evidence of an identical                  [NPS–WASO–NAGPRA–NPS0024408;
                                                                                                       Killer Whale Chilkat robe being worn by                PPWOCRADN0–PCU00RP14.R50000]
                                               claim this cultural item should submit
                                               a written request with information in                   Mr. Mark Jacobs, Sr., and of Mr. Frank
                                                                                                                                                              Notice of Inventory Completion:
                                               support of the claim to the Gilcrease                   Paul, Sr., dancing in a similar Chilkat
                                                                                                                                                              Peabody Museum of Natural History,
                                               Museum at the address in this notice by                 robe and a Killer Whale hat.
                                                                                                                                                              Yale University, New Haven, CT
                                               March 1, 2018.                                          Determinations Made by the Gilcrease
                                               ADDRESSES: Laura Bryant, Anthropology                                                                          AGENCY:   National Park Service, Interior.
                                                                                                       Museum
                                               Collections Manager, Thomas Gilcrease                                                                          ACTION:   Notice.
                                               Institute of American History and Art,                     Officials of the Gilcrease Museum
                                                                                                       have determined that:                                  SUMMARY:    The Peabody Museum of
                                               1400 North Gilcrease Museum Road,
                                                                                                                                                              Natural History, Yale University, has
                                               Tulsa, OK 74127, telephone (918) 596–                      • Pursuant to 25 U.S.C. 3001(3)(C),                 completed an inventory of human
                                               2747, email laura-bryant@utulsa.edu.                    the one cultural item described above is               remains, in consultation with the
                                               SUPPLEMENTARY INFORMATION: Notice is                    a specific ceremonial object needed by                 appropriate Indian Tribes or Native
                                               here given in accordance with the                       traditional Native American religious                  Hawaiian organizations, and has
                                               Native American Graves Protection and                   leaders for the practice of traditional                determined that there is no cultural
                                               Repatriation Act (NAGPRA), 25 U.S.C.                    Native American religions by their                     affiliation between the human remains
                                               3005, of the intent to repatriate a                     present-day adherents.                                 and any present-day Indian Tribes or
                                               cultural item under the control of the                     • Pursuant to 25 U.S.C. 3001(3)(D),                 Native Hawaiian organizations.
                                               Gilcrease Museum that meets the                         the one cultural item described above                  Representatives of any Indian Tribe or
                                               definition of a sacred object and object                has ongoing historical, traditional, or                Native Hawaiian organization not
                                               of cultural patrimony under 25 U.S.C.                   cultural importance central to the                     identified in this notice that wish to
                                               3001.                                                   Native American group or culture itself,               request transfer of control of these
                                                 This notice is published as part of the               rather than property owned by an                       human remains should submit a written
                                               National Park Service’s administrative                  individual.                                            request to the Peabody Museum of
                                               responsibilities under NAGPRA, 25                          • Pursuant to 25 U.S.C. 3001(2), there              Natural History. If no additional
                                               U.S.C. 3003(d)(3). The determinations in                is a relationship of shared group                      requestors come forward, transfer of
                                               this notice are the sole responsibility of              identity that can be reasonably traced                 control of the human remains to the
                                               the museum, institution, or Federal                     between the sacred object and object of                Indian Tribes or Native Hawaiian
                                               agency that has control of the Native                   cultural patrimony and the Central                     organizations stated in this notice may
                                               American cultural items. The National                   Council of the Tlingit and Haida Indian                proceed.
                                               Park Service is not responsible for the                 Tribes.                                                DATES: Representatives of any Indian
                                               determinations in this notice.
                                                                                                       Additional Requestors and Disposition                  Tribe or Native Hawaiian organization
                                               History and Description of the Cultural                                                                        not identified in this notice that wish to
                                               Item                                                      Lineal descendants or representatives                request transfer of control of these
                                                  In the early to mid-1900s, one cultural              of any Indian Tribe or Native Hawaiian                 human remains should submit a written
                                               item was removed from an unknown                        organization not identified in this notice             request with information in support of
                                               location, likely in Alaska, and was                     that wish to claim this cultural item                  the request to the Peabody Museum of
                                               purchased by Thomas Gilcrease, whose                    should submit a written request with                   Natural History at the address in this
                                               collection founded the Gilcrease                        information in support of the claim to                 notice by March 1, 2018.
                                               Museum. The exact circumstances of                      Laura Bryant, Gilcrease Museum, 1400                   ADDRESSES: Professor David Skelly,
                                               how the purchase was made, including                    North Gilcrease Museum Road, Tulsa,                    Director, Yale Peabody Museum of
                                               whether a dealer or gallery was                         OK 74127, telephone (918) 596–2747,                    Natural History, P.O. Box 208118, New
                                               involved, are unknown. The one sacred                   email laura-bryant@utulsa.edu, by                      Haven, CT 06520–8118, telephone (203)
                                               object and object of cultural patrimony                 March 1, 2018. After that date, if no                  432–3752.
                                               is a Chilkat robe made from mountain                    additional claimants have come                         SUPPLEMENTARY INFORMATION: Notice is
                                               goat wool and cedar bark and depicting                  forward, transfer of control of the sacred             here given in accordance with the
daltland on DSKBBV9HB2PROD with NOTICES




                                               a Killer Whale crest, which the Central                 object and object of cultural patrimony                Native American Graves Protection and
                                               Council of the Tlingit and Haida Indian                 to the Central Council of the Tlingit and              Repatriation Act (NAGPRA), 25 U.S.C.
                                               Tribes identified as belonging to the                   Haida Indian Tribes may proceed.                       3003, of the completion of an inventory
                                               Dak’laweidi Clan.                                         The Gilcrease Museum is responsible                  of human remains under the control of
                                                  During consultation, representatives                 for notifying the Central Council of the               the Peabody Museum of Natural
                                               of the Central Council of the Tlingit and               Tlingit and Haida Indian Tribes that this              History, Yale University, New Haven,
                                               Haida Indian Tribes stated that                         notice has been published.                             CT. The human remains were removed


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Document Created: 2018-10-26 10:09:10
Document Modified: 2018-10-26 10:09:10
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 or Native Hawaiian organization 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 Gilcrease Museum at the
FR Citation83 FR 4262 

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