[Federal Register Volume 66, Number 236 (Friday, December 7, 2001)]
[Notices]
[Pages 63554-63557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30339]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent To Repatriate Native American Cultural Items in 
the Possession of the U.S. Department of the Interior, National Park 
Service, Capitol Reef National Park, Torrey, UT

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is hereby given in accordance with provisions of the Native 
American Graves Protection and Repatriation Act, 43 CFR 10.10 (a)(3), 
of the intent to repatriate three cultural items in the possession of 
the U.S. Department of the Interior, National Park Service, Capitol 
Reef National Park, Torrey, UT.
     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 responsibilities of the 
National Park Service unit that has control or possession of these 
Native American cultural items. The Assistant Director, Cultural 
Resources Stewardship and Partnerships is not responsible for the 
determinations within this notice.
     In 1926, Ephraim P. Pectol discovered three buffalo-hide shields 
cached in a rock crevice on public lands southeast of Torrey, UT. 
Though he had not obtained the permit required to remove an object of 
antiquity from Federal lands, Mr. Pectol removed the shields from the 
rock crevice and took them to his home and place of business. In 1932, 
a Federal agent seized the shields and returned them to Federal 
control, though they remained in the possession of Mr. Pectol. Capitol 
Reef National Monument acquired the shields in 1953. The three shields 
have been designated as CARE-11, CARE-12, and CARE-191.
     CARE-11 is a roughly circular piece of buffalo hide with a 
diameter of approximately 79 centimeters. The original shape and 
dimensions of the shield have been altered by minor damage along its 
perimeter probably caused by rodent gnawing and/or exposure to 
weathering processes while in the cache. The face of the shield is 
concave and is decorated with a wing-shaped design of red pigment and a 
fan-shaped section of radiating green stripes. The convex side of the 
shield exhibits some red pigment stain and some incised triangular 
patterns. Three buckskin ties hang from the face as fringe and, on the 
back of the shield, serve to fasten an arm strap. A looping piece of 
buckskin is tied to 2 holes about 20 centimeters apart on the perimeter 
of the shield. A series of 12 holes in a straight line angles outward 
from the center of the shield to the perimeter. A tear in the rawhide, 
about 1.9 centimeter long, has been repaired with a hide lace.
     CARE-12 is a roughly circular piece of buffalo hide measuring 
approximately 88 centimeters by 70 centimeters. The original shape and 
dimensions of the shield have been altered by damage along its 
perimeter probably caused by rodent gnawing and/or exposure to 
weathering processes while in the cache. It is believed to have been 
circular when originally constructed. The face of the shield is convex 
and is decorated with parallel rows of unpainted, stenciled dots on a 
painted field. Approximately two-thirds of the painted field is black 
and one-third is covered with a rust-colored pigment. Five buckskin 
ties hang from the face as a fringe and, on the back of the shield, 
some serve to fasten an arm sling. The arm sling has a padded piece of 
hide. The shield exhibits a cut mark along one edge, probably caused 
when a radiocarbon dating sample was removed by researchers in the 
1960s.
     CARE-191 is a roughly circular piece of buffalo hide measuring 
approximately 95 centimeters by 74 centimeters. The original shape and 
dimensions of the shield have been altered by damage along its 
perimeter probably caused by rodent gnawing and/or exposure to 
weathering processes while in the cache. It is believed to have been 
circular when originally constructed. The face of the shield is convex 
and is decorated in four painted quadrants. One quadrant is painted 
with a rust-colored pigment. One quadrant is painted red. One quadrant 
is painted black. One quadrant is painted with green bands. Three 
buckskin ties hang from the face as fringe and hold a buckskin arm 
strap on the back.
     An assessment of the three shields was made by National Park 
Service professional staff, specially contracted independent scholars, 
and representatives of the Navajo Nation, Arizona, New Mexico and Utah; 
Hopi Tribe of Arizona; Jicarilla Apache Tribe of the Jicarilla Apache 
Indian Reservation, New Mexico; and Kaibab

[[Page 63555]]

Band of Paiute Indians of the Kaibab Indian Reservation, Arizona. 
Representatives of the Confederated Tribes of the Goshute Reservation, 
Nevada and Utah; Las Vegas Tribe of Paiute Indians of the Las Vegas 
Indian Colony, Nevada; Paiute Tribe of Utah (Cedar City, Indian Peak, 
Kanosh, Koosharem, Shivwits Bands); Pueblo of Acoma, New Mexico; Pueblo 
of Cochiti, New Mexico; Pueblo of Isleta, New Mexico; Pueblo of Jemez, 
New Mexico; Pueblo of Laguna, New Mexico; Pueblo of Nambe, New Mexico; 
Pueblo of Picuris, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo 
of San Ildefonso, New Mexico; Pueblo of San Juan, New Mexico; Pueblo of 
Sandia, New Mexico; Pueblo of Santa Ana, New Mexico; Pueblo of Santa 
Clara, New Mexico; Pueblo of Santo Domingo, New Mexico; Pueblo of Taos, 
New Mexico; Pueblo of Tesuque, New Mexico; Pueblo of Zia, New Mexico; 
San Juan Southern Paiute Tribe of Arizona; Southern Ute Indian Tribe of 
the Southern Ute Reservation, Colorado; Ute Indian Tribe of the Uintah 
and Ouray Reservation, Utah; Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico and Utah; and Zuni Reservation, New 
Mexico also were contacted but did not participate in consultation 
regarding the three shields.
     Over the years, several researchers have considered the cultural 
origin and age of the Capitol Reef shields. Archeologist Noel Morss 
(1931) observed similarities among the three shields, known Apache 
shields, and historic-era pictographs of shields in association with 
horses. He attributed the Capitol Reef shields to recent (post-
introduction of the horse) Apaches or Navajos. While subsequent 
radiocarbon dating indicates that the Capitol Reef shields pre-date the 
introduction of the horse to south-central Utah, the dates do not 
invalidate Morss's favorable comparisons to Navajo/Apache pictograph 
shields.
     Archeologist Carling Malouf (1944) suggested that the shields were 
modern in origin, although he did not offer an opinion regarding who 
made them. Archeologist Marie Wormington (1955) found the Capitol Reef 
shields to resemble shield and shield-bearer pictographs attributed to 
the Fremont Culture. Shield pictographs attributed to the Fremont 
Culture exist near the area in which the Capitol Reef shields were 
discovered. However, subsequent radiocarbon dating shows the shields to 
significantly post-date the commonly accepted, archeologically derived 
Fremont Culture termination date of A.D. 1300.
     Archeologist C. Melvin Aikens (1966), in an article postulating a 
Plains origin for Fremont Culture, described Plains-style cultural 
attributes of the Capitol Reef shields. His later abandonment of the 
Plains/Fremont construct does not invalidate his observations regarding 
the Plains-like attributes of the shields.
     In 1967, Campbell Grant obtained a standard radiocarbon age from a 
sample of CARE-12. Reported as UCLA sample 1221, the age had a tree-
ring calibrated radiocarbon age of (1) modern, or (2) A.D. 1650, or (3) 
A.D. 1750 (Berger and Libby 1968). Based on the radiocarbon dates, 
archeologist and rock art scholar Polly Schaafsma (1971) concluded that 
the shields were made in recent times and therefore were not associated 
with Fremont Culture.
     In a 1976 study of Puebloan shields, researcher Barton Wright 
attributed the shields to Pueblo warriors. He noted the smaller size of 
historic Navajo shields when compared to Pueblo shields as an important 
consideration. Researcher Stuart Baldwin (1997) suggested that the 
shields are Ute, based on the 1967 radiocarbon dates.
     Loendorf and Conner (1993) reported three accelerator mass 
spectrometry radiocarbon ages for a small piece of strap from CARE-11. 
Based on recently developed tree ring calibrations and weighted 
averages, the likely date of construction for the shields is between 
A.D. 1420 and A.D. 1640 (Loendorf 2001).
     Capitol Reef National Park contracted with three experts to help 
determine the cultural affiliation of the three shields. Lawrence 
Loendorf is a research professor at the Department of Anthropology, New 
Mexico State University. Benson Lanford is a researcher, appraiser, and 
lecturer on American Indian arts and material culture. Barton A. Wright 
is a retired research anthropologist and archeologist specializing in 
the study of Southwestern cultures, and author of the book ``Pueblo 
Shields From the Fred Harvey Collection'' (1976). These scholars 
examined a wide body of archeological and ethnographic evidence, 
including comparative artistic motifs; construction techniques; tribal 
oral traditions; and known origins, historic distributions, and inter-
tribal affiliations of ethnographic groups of the Plains and Southwest. 
Each observed that assigning these shields, the oldest dated shields 
known in North America, to a specific historic or modern tribe by 
anthropological and scientific methods is problematic. These 
researchers did not nor were they asked to offer advice or opinions 
regarding the potential repatriation of the shields to a claimant 
tribe. Rather, they independently and objectively traced the various 
lines of evidence relating to possible cultural affiliation(s) of the 
shields.
     Regarding CARE-11, Dr. Loendorf attributes the shield to 
Athabaskan speakers based on similarities between its design elements 
and the so-called Castle Garden rock art style found in Wyoming and 
Montana and also believed to have been made by Athabaskans. He also 
documents similar design elements on historic Apache shields. Based on 
the radiocarbon dates for this shield and CARE-12, and taking into 
account various related factors, Dr. Loendorf suggests that the three 
Capitol Reef shields were likely constructed at different times between 
A.D. 1420 and A.D. 1640, and likely were made toward the recent end of 
that range. Mr. Lanford traces the vertical orientation and grid-like 
patterning on CARE-11 to similar elements that are common in the Great 
Basin, Plains, and Montane regions, but rare in the Southwest region. 
He finds very little similarity between the design elements of this 
shield and motifs common to Southwestern rock art, historic Puebloan 
shields, or other Puebloan painted iconographic objects. Mr. Wright 
observes design similarities between CARE-11 and shields produced at 
Jemez, particularly in the use of rays or fans of feathers as 
decorative motifs.
     Regarding CARE-12, Dr. Loendorf attributes the shield to 
Athabaskan speakers based on similarities between the dot design 
elements and the Castle Garden rock art style, shield warrior 
petroglyphs in the Dinetah region of New Mexico, and other Athabaskan 
petroglyph and pictograph shields. Mr. Lanford observes that the 
pattern of vertically aligned dots in CARE-12 is in keeping with the 
radical asymmetry and freedom of expression typical of Apache painted 
motifs. He draws parallels between the design on this shield and rock 
art shields found in the La Sal Mountains of Utah and in Weatherman 
Draw in Montana. He also observes that the vertical orientation and 
grid-like patterning on CARE-12 is similar to elements common in the 
Great Basin, Plains, and Montane regions, but rare in the Southwest 
region. He finds very little similarity between the design elements of 
this shield and motifs common to Southwestern rock art, historic 
Puebloan shields, or other Puebloan painted iconographic objects. Mr. 
Wright noted the use of bands with dots on them in Jemez shields.
     Regarding CARE-191, Dr. Loendorf indicated the difficulty of 
assigning a cultural affiliation to this shield, but he tentatively 
suggests that it may be

[[Page 63556]]

Puebloan in origin, and possibly from the Pueblo of Jemez. His 
conclusion is based on the shield's design, which is replicated on a 
Pueblo rock art shield that dates to about the same period when the 
CARE shields were made. He also noted that Jemez had allied with the 
Navajo in fights with the Spanish as early as A.D. 1640. Mr. Lanford 
notes similarities between the black-dash lines and related artistic 
design elements and Apache parfleche painting and beadwork designs.
     Regarding the three shields collectively, Mr. Lanford identifies 
the clear glaze on each as a type of sizing or varnish, applied to seal 
and protect the painted surface, which is typical of painted rawhide 
objects originating outside of the Southwest culture area. Mr. Wright 
notes that most documented Navajo shields were creased across the 
middle so that they could be folded for storage. The Capitol Reef 
shields are not creased across the middle. Mr. Wright also notes that 
the three shields are not similar to documented 19th century Hopi 
shields.
     To date, no archeological sites directly attributable to Navajo 
occupation have been identified within Capitol Reef National Park. 
However, Navajo oral tradition places Navajo ancestors in the park area 
prior to Euro-American settlement. Archeologists continue to debate the 
evidence for Southern Athabaskan and Navajo/Apache cultural origins, 
linguistics, chronology, and territorial expansion. They generally 
concur, however, that modern Navajo and Apache tribes are related, all 
having descended from an ancestral Southern Athabaskan culture. 
Cultural anthropologists document that Apacheans (including Navajos) 
share mythological accounts of origins, culture heroes, and events; 
principles of kinship and social organization; marriage customs and 
division of labor; religion; and other aspects of cultural tradition. 
Linguists have identified seven separate Southern Athabaskan or 
Apachean-speaking groups, which include the Navajo. Navajo and many 
Apache languages are mutually intelligible. Glottochronological data 
suggest that the Apachean languages began diverging, as a result of 
geographic separation, as recently as A.D. 1300. Material culture 
traits probably began diverging at approximately the same time. 
However, whether or not Navajo artifacts can be reliably differentiated 
from Apache artifacts between A.D. 1420 and A.D. 1650 is a matter of 
professional opinion. Making such a determination for the Capitol Reef 
shields, which were discovered outside of any identifiable cultural 
context, is particularly difficult.
     Consultation with representatives of the Navajo Nation indicates 
that the three shields were made by Many Goat White Hair and four other 
men and used in a battle with the Spanish. After the battle, Many Goat 
White Hair hid the three shields in the rock crevice and prayed that 
they would be found in the future, as they have been. Many Goat White 
Hair's clan affiliation was not identified. However, nearly half of the 
Navajo clans trace their ancestry to other Native American groups, 
including the Ma'iideeshgiizhinii, or Coyote Pass People, who are 
descendant of people from Jemez Pueblo.
     According to Kluckhohn, Hill, and Kluckhohn (1971), Navajo shields 
were made by warriors under strict ritual conditions. Only men who knew 
one of the war chants could make shields. The war leader held a special 
Blessing Way over the shields while they were being painted. The 
designs on a shield represent the chantway in which the man went to 
war.
     According to representatives of the Navajo Nation, the Naayee 
(Protection Way) ceremony deals with the armor and shields of Navajo 
deities and Navajo people. People who have possession of such shields 
must be knowledgeable in the proper songs, prayers, and oral history of 
the Naayee ceremony. Jon Holiday, a recognized Naayee chanter, has 
identified the designs and colors on the three shields as representing 
earth, sky, sun rays, day and night, stars, and the male and female 
mountains, as described in Navajo oral history. Mr. Holiday has 
indicated that he intends to use the three shields in the Naayee 
ceremony. The Naayee ceremony provides individuals with a protective 
barrier behind which they may regain strength, harmony, and balance 
after a physical or mental illness.
     On June 11, 2001, a representative of the Navajo Nation requested 
repatriation of the three shields. The Navajo Nation claim identified 
the three shields as sacred objects, indicating that they are needed by 
Navajo traditional religious leaders for the practice of the Naayee 
(Protection Way) ceremony by present-day adherents. The Navajo claim 
also identified the three shields as objects of cultural patrimony, but 
did not provide documentation as to whether they were considered 
inalienable by the Navajo in the 1600s.
     Based on the above-mentioned information, the superintendent of 
Capitol Reef National Park determined that, pursuant to 43 CFR 10.2 
(d), the three shields are related to a tribe, people, or culture that 
is indigenous to the United States. The superintendent of Capitol Reef 
National Park also determined that, pursuant to 43 CFR 10.2 (d)(3), the 
three shields are specific ceremonial objects needed by traditional 
Native American religious leaders for the practice of traditional 
Native American religions by their present-day adherents. Lastly, the 
superintendent of Capitol Reef National Park determined that, pursuant 
to 43 CFR 10.2 (c), there is a relationship of shared group identity 
that can be reasonably traced between the three shields and the Navajo 
Nation, Arizona, New Mexico, and Utah.
     This notice has been sent to officials of the Apache Tribe of 
Oklahoma; Confederated Tribes of the Goshute Reservation, Nevada and 
Utah; Fort McDowell Mohave-Apache Indian Community of the Fort McDowell 
Indian Reservation, Arizona; Fort Sill Apache Tribe of Oklahoma; Hopi 
Tribe of Arizona; Jicarilla Apache Tribe of the Jicarilla Apache Indian 
Reservation, New Mexico; Kaibab Band of Paiute Indians of the Kaibab 
Indian Reservation, Arizona; Las Vegas Tribe of Paiute Indians of the 
Las Vegas Indian Colony, Nevada; Mescalero Apache Tribe of the 
Mescalero Reservation, New Mexico; Navajo Nation, Arizona, New Mexico 
and Utah; Paiute Tribe of Utah (Cedar City, Indian Peak, Kanosh, 
Koosharem, Shivwits Bands); Pueblo of Acoma, New Mexico; Pueblo of 
Cochiti, New Mexico; Pueblo of Isleta, New Mexico; Pueblo of Jemez, New 
Mexico; Pueblo of Laguna, New Mexico; Pueblo of Nambe, New Mexico; 
Pueblo of Picuris, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo 
of San Ildefonso, New Mexico; Pueblo of San Juan, New Mexico; Pueblo of 
Sandia, New Mexico; Pueblo of Santa Ana, New Mexico; Pueblo of Santa 
Clara, New Mexico; Pueblo of Santo Domingo, New Mexico; Pueblo of Taos, 
New Mexico; Pueblo of Tesuque, New Mexico; Pueblo of Zia, New Mexico; 
San Carlos Apache Tribe of the San Carlos Reservation, Arizona; San 
Juan Southern Paiute Tribe of Arizona; Southern Ute Indian Tribe of the 
Southern Ute Reservation, Colorado; Tonto Apache Tribe of Arizona; Ute 
Indian Tribe of the Uintah and Ouray Reservation, Utah; Ute Mountain 
Tribe of the Ute Mountain Reservation, Colorado, New Mexico and Utah; 
White Mountain Apache Tribe of the Fort Apache Reservation, Arizona; 
Yavapai-Apache Nation of the Camp Verde Indian Reservation, Arizona; 
and Zuni Reservation, New Mexico. Representatives of any other Indian 
tribe that believes itself to be culturally affiliated with these 
cultural items

[[Page 63557]]

should contact Albert J. Hendricks, Superintendent, Capitol Reef 
National Park, HC 70 Box 15, Torrey, UT 84775, telephone (435) 425-
3791, extension 101, before January 7, 2002. Repatriation of the 
cultural items to the Navajo Nation may begin after that date if no 
additional claimants come forward.

    Dated: October 19, 2001.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-30339 Filed 12-6-01; 8:45 am]
BILLING CODE 4310-70-S