[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Notices]
[Page 16959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7851]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate a Cultural Item in the Possession 
of Pipestone National Monument, National Park Service, Pipestone, MN

AGENCY: National Park Service.

ACTION: Notice.

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    Notice is hereby given in accordance with provisions of the Native 
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.10 
(a)(3), of the intent to repatriate a cultural item in the possession 
of Pipestone National Monument, National Park Service, Pipestone, MN 
which meets the definition of ``sacred object'' under Section 2 of the 
Act.
    The cultural item is a pipestone pipe fashioned in a generalized 
``T'' shape with a long prow. The pipe stem is wood and fashioned in a 
flattened diamond shape with three notches cut into the stem, and 
attached to the bowl with a leather cord. Written on the shank of the 
pipe bowl in India ink are the words ``Chief Roan Horse, Osage.''
    Catalog information in the possession of the National Park Service 
states that the item is an Osage Indian pipe and belonged to Chief Roan 
Horse in Oklahoma. Further information in the possession of the 
National Park Service indicates that the claimant, Mr. Raymond A. 
Lasley, Sr. is the oldest living grandchild of Chief Roan Horse (Kah-
wah-ho-tsa). Mr. Lasley, Sr., recognized by the Osage Tribe as a 
traditional religious leader, identified this specific pipestone pipe 
as a sacred object, which he needs to perform various traditional 
ceremonies, including naming ceremonies.
    Prior to 1964, the pipe was acquired by the Pipestone Indian Shrine 
Association. In April of 1964, the National Park Service purchased the 
pipe from the Pipestone Indian Shrine Association. The circumstances 
surrounding the original acquisition of this pipe are not clear. 
Whether the Pipestone Indian Shrine Association acquired the pipe from 
an individual or group possessing the authority to alienate such an 
object is unknown. According to members of the Lasley family, this 
pipestone pipe can not be transferred outside their family. These 
individuals further indicated that this pipe should only be passed down 
to family members who have taken-up various ceremonial duties. The 
lineal descendant, Mr. Lasley, Sr., has designated that his son, Mr. 
Raymond Lasley, Jr., is to be the next family member to whom the pipe 
would be passed.
    The National Park Service possesses no knowledge of the pipe's 
original acquisition by the Pipestone Indian Shrine Association. On the 
basis of information supplied by the Lasley family regarding the nature 
of the pipe's transferability, as well as a lack of any evidence to the 
contrary, it is unclear whether the Pipestone Indian Shrine Association 
obtained a right of possession to the pipe through its initial 
acquisition. Accordingly, whether a right of possession to this pipe 
was assumed by the National Park Service when it was purchased from the 
Pipestone Indian Shrine Association in 1964 is uncertain. The National 
Park Service can not produce evidence to demonstrate that it holds a 
right of possession over the pipe, which could operate to overcome the 
claim Mr. Lasley Sr. brought to obtain this cultural item.
    Based on the above-mentioned information, officials of the National 
Park Service have determined that pursuant to 43 CFR 10.2 (d)(3), this 
one cultural item is a specific ceremonial object needed by traditional 
Native American religious leaders for the practice of traditional 
Native American religion by their present-day adherents. Officials of 
the National Park Service, pursuant to 43 CFR 10.10 (a) (2), have also 
determined that the National Park Service is unable to demonstrate that 
it holds a right of possession over this cultural item. Finally, 
officials of the National Park Service have determined that, pursuant 
43 CFR 10.2 (b) (1), Mr. Raymond A. Lasley, Sr. can trace his ancestry 
directly and without interruption by means of the traditional kinship 
system of the Osage Tribe and the common law system of descent to a 
known Native American individual who controlled this cultural item.
    This notice has been sent to Mr. Raymond A. Lasley, Sr. and 
officials of the Osage Tribe, Oklahoma. Representatives of any other 
Indian tribe that believes itself to be culturally affiliated with this 
cultural item should contact Jim LaRock, Superintendent, Pipestone 
National Monument, P.O. Box 727, 36 Reservation Avenue, Pipestone, MN 
56164-0727; telephone: (507) 825-5464 before May 1, 2000. Repatriation 
of this cultural item to Mr. Raymond A. Lasley, Sr. may begin after the 
above date if no additional claimants come forward.

    Dated: March 16, 2000.
Francis P. McManamon,
Departmental Consulting Archeologist,
Manager, Archeology and Ethnography Program.
[FR Doc. 00-7851 Filed 3-29-00; 8:45 am]
BILLING CODE 4310-70-F