[Federal Register Volume 65, Number 82 (Thursday, April 27, 2000)]
[Notices]
[Pages 24712-24714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10464]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent To Repatriate Cultural Items in the Control of 
the Denver Art Museum, Denver, CO

AGENCY: National Park Service.

ACTION: Notice.

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    Notice is hereby given under the Native American Graves Protection 
and Repatriation Act, 43 CFR 10.10 (a)(3), of the intent to repatriate 
cultural items in the possession of the Denver Art Museum (DAM), 
Denver, CO which meet the definition of ``sacred object'' under Section 
2 of the Act.
    The 17 cultural items are: A Motoki Society snake headdress bundle 
(1946.60) consisting of a beaded leather snake, shell, paint stick, two 
paint bags, three grass braids, three eagle feather uprights, and an 
eagle bone whistle; a Motoki Society snake headdress bundle (1946.208) 
consisting of a beaded leather snake, leather bag, braid of sweetgrass, 
gut tubular bag for feathers, four sticks with eagle feathers, a paint 
stick, and an eagle bone whistle; a Motoki Society snake headdress 
bundle component (1946.103) consisting of a bag containing green paint; 
a Motoki Society buffalo headdress bundle (1938.143) consisting of a 
parfleche and a headdress of bison fur; an imitation Motoki Society 
headdress bundle (1946.216) consisting of a parfleche, a cloth 
wrapping, a headdress made of bison fur, a parfleche containing nine 
paint containers, three shells, and a paint stick; a component 
(1946.186) of the preceding imitation Motoki Society bundle consisting 
of an eagle bone whistle with attached string of blue glass beads; a 
Motoki Society bird headdress bundle (1938.254) consisting of a 
parfleche, a headdress made of bison fur and feathers, an eagle bone 
whistle, two shells, two cloth wrappings, a paint stick, and four 
braids and tassel of sweetgrass, a Motoki Society bird headdress bundle 
(1946.129) consisting of a headdress made of bison fur and feathers, 
and a pair of wooden sticks (a shell attributed to this bundle actually 
goes with 1946.208); a Dog Society headdress (1938.135) consisting of a 
feather bonnet with red flannel trailer with attached eagle feathers; a 
rattle (1938.217) associated with the preceding headdress and 
consisting of wood stick with attached ermine tails, feathers, and 
bells; a Dog Society rattle (1938.225) consisting of a wood stick with 
a fringe of bells and an attached feather; an All Brave Dog Society 
headdress bundle

[[Page 24713]]

(1938.265) consisting of a parfleche and headdress made of red 
strouding with feathers, weasel tails, strands of quill, and bells; an 
All Brave Dog Society rattle bundle (1939.129) consisting of a 
parfleche and rattle with feathers; an All Brave Dog Society headdress 
bundle (1939.132) consisting of a parfleche, headdress made of red 
strouding with two bear claws, feathers, and weasel tails, and rattle 
with attached feathers; a Children's Medicine Pipe Bundle (1946.207) 
consisting of a parfleche pipe with black Micmac-type bowl, deerskin 
and cloth wrappers for pipe, eagle bone whistle, and sweetgrass; and a 
beaver bundle pipe bowl (1942.178) made of sandstone and bladder bag.
    A Motoki Society snake headdress bundle (1946.60) was kept by a 
society member named Mrs. Healy until her death about 1921. In 1939, 
her daughter, Katy, either sold the headdress bundle to Madge Hardin 
Walters via Percy Creighton, a Blood man, or she sold it to Creighton 
who sold it to Walters. Walters loaned the bundle to DAM in 1940 and 
sold it to DAM in 1946.
    A Motoki Society snake headdress bundle (1946.208) was sold by 
Percy Creighton in 1943 to Madge Hardin Walters. It is possible, but 
uncertain, that this headdress bundle was kept by a society member 
named Mrs. Scratching Chief until her death about 1930, and her 
daughter, Mrs. Black Plume, sold it to Percy Creighton, and he sold it 
to Walters. In 1943, Walters loaned the bundle to DAM and sold it to 
DAM in 1946.
    A Motoki Society snake headdress bundle (1940.103) was originally 
kept by one of two members of the Motoki Society, named Small Face 
Woman and Separate Spear Woman, but it is not clear which was the 
keeper. In 1938, this bundle was sold by Percy Creighton to Madge 
Hardin Walters. In 1953, this bundle was exchanged by DAM to the 
National Museum of Natural History, but a component consisting of a bag 
containing green paint was retained by DAM.
    In 1938, a Motoki Society buffalo headdress bundle (1938.143) was 
sold by Madge Hardin Walters to DAM. This bundle was mistakenly 
associated with an object history authored by Ethel Tail Feathers and 
consequently identified incorrectly as a ``Beaver Bundle buffalo 
headdress.'' It may have been sold to Walters by Percy Creighton or by 
a party who used Creighton as an intermediary. Consultation with the 
Blood Tribe Motoki Society in 1998 confirmed that this headdress 
conforms to the style of a Motoki Society buffalo headdress.
    In 1939, a probable imitation Motoki Society buffalo headdress 
bundle (1946.216) was sold by Frank Red Crow, a Blood man, to Madge 
Hardin Walters. In 1940, Walters loaned this bundle to DAM, and DAM 
purchased this bundle from Walters in 1946. Red Crow provided two 
conflicting accounts of the history of this headdress. In 
correspondence to Walters in 1939, Red Crow wrote that a man inherited 
the headdress from his mother who had died ``some time ago.'' Red Crow 
asserted that he was simply acting as an intermediary between this man 
and Walters. In 1951, however, Red Crow told John Ewers that he 
arranged the sale to Walters of the headdress from a member of the 
society named Owl Woman. Also in 1951, Cecile Black Boy told Ewers 
that, in her opinion, Red Crow had simply ``just made up'' the 
headdress for sale to Walters. Following extensive research on Blood 
conveyance patterns, DAM is skeptical that any living member of the 
Motoki Society would have sold her headdress bundle during the 1930s. 
In a 1977 publication, Adolph Hungry Wolf presented oral information 
that Red Crow was known to reproduce objects for sale, an accusation 
supported by other information collected by John Ewers in 1951 from 
Chewing Black Bones. In DAM's opinion, this headdress was probably made 
as a replica by Frank Red Crow for sale to Walters. DAM finds that this 
headdress does not fit a NAGPRA category.
    A Motoki Society headdress bundle component (1946.186) consisting 
of an eagle bone whistle with attached string of blue glass beads is 
probably associated with the above buffalo headdress bundle (1946.216) 
on the basis of an uncontested association made in a DAM accession 
record. As discussed above, this headdress bundle component was 
probably made as a replica by Frank Red Crow for sale to Walters. DAM 
finds that this headdress bundle component does not fit a NAGPRA 
category.
    In 1938, a Motoki Society bird headdress bundle (1938.254) was sold 
to DAM by Madge Hardin Walters. An attribution of unknown significance 
is made on one DAM record: ``From Hungry Crow.''
    A Motoki Society bird headdress bundle (1938.136) was kept by a 
member of the society named Awl Body until her death sometime around 
1904-1910. Her daughter, Mrs. Mountain Horse, sold the bundle either to 
Percy Creighton or to Madge Hardin Walters via Creighton in 1939. In 
1940, Walters sold this bundle to DAM.
    In 1940, a Motoki Society bird headdress bundle (1946.129) was 
loaned to DAM by Madge Hardin Walters, who sold this bundle to DAM in 
1946.
    In 1936, a Dog Society headdress (1938.135) and rattle (1938.217) 
were sold by Percy Creighton, probably acting as an intermediary on 
behalf of an unnamed person, to Madge Hardin Walters, who loaned this 
headdress and rattle to the DAM. In 1938, Walters sold this headdress 
and rattle to DAM.
    In 1938, a Dog Society rattle (1938.225) was sold to DAM by Madge 
Hardin Walters.
    In 1937, an All Brave Dog Society headdress bundle (1938.265) was 
sold by a man named Gambler to Madge Hardin Walters via Percy 
Creighton. In February, 1938, Walters loaned this bundle to DAM, and 
sold it to DAM in April, 1938.
    Prior to 1939, an All Brave Dog Society headdress bundle (1939.132) 
was sold by a Blood man named Dick Black Plume to Madge Hardin Walters 
via Percy Creighton. In 1939, Walters sold this bundle to DAM.
    In 1941, a Children's Medicine Pipe Bundle (1946.207) was sold by a 
Blood man named Charlie Davis to Madge Hardin Walters via Percy 
Creighton. Also in 1941, Walters loaned this bundle to DAM, and sold it 
to DAM in 1946. DAM finds that the Blackfoot Confederacy has not 
presented sufficient evidence to show this bundle meets the NAGPRA 
definition for sacred object.
    In 1942, a beaver bundle (1942.178) was sold by Madge Hardin 
Walters to DAM. In 1952, the bundle was exchanged to the Peabody Museum 
of Archaeology and Ethnology, Cambridge, MA, but a pipe bowl was 
retained by DAM. DAM finds that the Blackfoot Confederacy has not 
presented sufficient evidence to show this pipe bowl meets the NAGPRA 
definition for sacred object.
    Denver Art Museum records show that the above cultural items 
originated from citizens of the Blood Tribe during the 1930s and 1940s. 
Consultation with officials and religious leaders of the Blackfoot 
Confederacy in 1998 confirm the identifications of the cultural items 
as originating from the tribe and that the items associated with the 
societies are needed for ceremonial objects needed by traditional 
Native American religious leaders for the practice of traditional 
Native American religions by their present-day adherents. The Blood 
Tribe is one of four tribes comprising the Blackfoot Confederacy, which 
includes the Blackfeet Nation of Montana, the Peigan Nation, and the 
Siksika Nation. The present-day Blackfoot Confederacy is descended from 
the four tribes of the Blackfoot Confederacy as it existed

[[Page 24714]]

during the 1930s. The Denver Art Museum holds right of possession to 
all of these items pursuant to Section 2 of the Act, and offers the 
items as gifts to the Blackfeet Nation of Montana and the Blood Tribe 
of Alberta, Canada.
    Based on the above-mentioned information, officials of the Denver 
Art Museum have determined that, pursuant to 43 CFR 10.2 (d)(3), these 
13 cultural items are specific ceremonial objects needed by traditional 
Native American religious leaders for the practice of traditional 
Native American religions by their present-day adherents. Officials of 
the Denver Art Museum have also determined that, pursuant to 43 CFR 
10.2 (e), there is a relationship of shared group identity which can be 
reasonably traced between these 17 items and the Blackfeet Nation of 
Montana on behalf of the Blackfoot Confederacy (Blackfeet Nation of 
Montana, the Peigan Nation, the Blood Tribe, and the Siksika Nation).
    This notice has been sent to officials of the Blackfeet Nation of 
Montana on behalf of the Blackfoot Confederacy (Blackfeet Nation of 
Montana, the Peigan Nation, the Blood Tribe, and the Siksika Nation). 
Representatives of any other Indian tribe that believes itself to be 
culturally affiliated with these objects should contact Nancy J. 
Blomberg, Curator of Native Arts, Denver Art Museum, 100 West 14th 
Avenue Parkway, Denver, CO 80204; telephone: (720) 913-0161 before May 
30, 2000. Repatriation of these objects to the Blackfeet Nation of 
Montana on behalf of the Blackfoot Confederacy (Blackfeet Nation of 
Montana, the Peigan Nation, the Blood Tribe, and the Siksika Nation) 
may begin after that date if no additional claimants come forward.

    Dated: April 20, 2000.
Francis P. McManamon,
Departmental Consulting Archeologist, Manager, Archeology and 
Ethnography Program.
[FR Doc. 00-10464 Filed 4-26-00; 8:45 am]
BILLING CODE 4310-70-F