[Federal Register Volume 66, Number 18 (Friday, January 26, 2001)]
[Notices]
[Pages 7934-7935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2346]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate a Cultural Item in the Possession 
of The Detroit Institute of Arts, Detroit, MI

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 
a cultural item in the possession of The Detroit Institute of Arts, 
Detroit, MI that, based on preponderance of the evidence, meets the 
definition of ``object of cultural patrimony'' under Section 2 of the 
Act.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 43 CFR 10.2 (c). The 
determinations within this notice are the sole responsibility of the 
museum that has control of the cultural item. The National Park Service 
is not responsible for the determinations within this notice.
    The 1 cultural item is a bear claw necklace composed of 30 grizzly 
bear claws separated by large, faceted blue glass beads attached to a 
foundation wrapped with trimmed otter fur.
    During the 1950's, according to documentation and oral testimony, 
this cultural item passed through the possession of the Lyons Pawn 
Shop, Pawnee, OK; the Southern Plains Indian Museum and Crafts Center, 
Anadarko, OK; Mr. Warner, Oklahoma City, OK; Mr. Milford Chandler, 
Detroit, MI; and Mr. Richard Pohrt, Flint, MI. In 1981, The Detroit 
Institute of Arts purchased this bear claw necklace from Mr. Pohrt.
    Based on consultation and documentary evidence provided by historic 
photographs and newspaper accounts, this bear claw necklace is known to 
have been in the possession of Mr. James White Cloud (born 1841-died 
1940), a tribal chief of the Iowa Tribe of Kansas and Nebraska. 
Documentation also indicates that this necklace was used in 1940 during 
the installation of Mr. Louis White Cloud, son and successor of Mr. 
James White Cloud, as chief of the Iowa Tribe of Kansas and Nebraska. 
Further documentation also indicates that in 1952, this necklace was 
withheld by Mr. Daniel White Cloud, son and successor to Mr. Louis 
White Cloud, from the installation of Mr. James Rhodd, elected chief of 
the Iowa Tribe of Kansas and Nebraska. Consultation evidence offered by 
a direct lineal descendant (now deceased) of Mr. James White Cloud 
argued that the necklace had been inherited through direct patrilineal 
descent through male members of the White Cloud family. Officials of 
The Detroit Institute of Arts do not believe that any direct 
patrilineal descendants of Mr. James White Cloud are now living. 
Consultation evidence provided by representatives of the Iowa Tribe of 
Kansas and Nebraska indicates that this bear claw necklace is a symbol 
of authority used by Iowa chiefs and, as such, passed down in 
installation ceremonies from chief to chief. Representatives of the 
Iowa Tribe of Kansas and Nebraska also state that this bear claw 
necklace has ongoing historical, traditional, and cultural importance 
central to the tribe itself, and could not have been alienated, 
appropriated, or conveyed by any individual. Since the Indian 
Reorganization Act of 1934 established the authority of the Iowa Tribe 
of Kansas and Nebraska to elect tribal chiefs, officials of The Detroit 
Institute of Arts believe a reasonable interpretation of the facts is 
that the Iowa Tribe of Kansas and Nebraska now possesses authority over 
traditional symbols of their tribal chiefs, the evidence of the 
necessity of direct patrilineal descent notwithstanding.
    The Iowa Tribe of Kansas and Nebraska will have this bear claw 
necklace curated at an established museum until a tribal museum is 
established.

[[Page 7935]]

    Based on the above-mentioned information, officials of The Detroit 
Institute of Arts believe that, pursuant to 43 CFR 10.2 (d)(4), this 
one cultural item has ongoing historical, traditional, and cultural 
importance central to the tribe itself, and could not have been 
alienated, appropriated, or conveyed by any individual. Officials of 
The Detroit Institute of Arts also have determined that, pursuant to 43 
CFR 10.2 (e), there is a relationship of shared group identity that can 
be reasonably traced between this object of cultural patrimony and the 
Iowa Tribe of Kansas and Nebraska.
    This notice has been sent to officials of the Iowa Tribe of Kansas 
and Nebraska and the Iowa Tribe of Oklahoma. Representatives of any 
other Indian tribe that believes itself to be culturally affiliated 
with this object of cultural patrimony should contact David W. Penney, 
Chief Curator, The Detroit Institute of Arts, 5200 Woodward Avenue, 
Detroit, MI 48202, telephone (313) 833-1432, before February 26, 2001. 
Repatriation of this object of cultural patrimony to the Iowa Tribe of 
Kansas and Nebraska may begin after that date if no additional 
claimants come forward.

    Dated: January 15, 2001.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-2346 Filed 1-25-01; 8:45 am]
BILLING CODE 4310-70-F