[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Notices]
[Pages 57836-57837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23128]


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DEPARTMENT OF THE INTERIOR

National Park Service


Native American Graves Protection and Repatriation Review 
Committee Findings and Recommendations Regarding Cultural Items in the 
Possession of the Denver Art Museum

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    After full and careful consideration of the information and 
statements submitted and presented by the Denver Art Museum and the 
Western Apache NAGPRA Working Group at the May 31-June 2, 2002, meeting 
of the Native American Graves Protection and Repatriation Review 
Committee, the review committee finds that this information is 
sufficient to establish by a preponderance of the evidence that the 
seven cultural items are sacred objects and objects of cultural 
patrimony that meet the definitions of ``sacred objects'' and ``objects 
of cultural patrimony'' under NAGPRA 25 U.S.C. 3001. It also finds that 
these cultural items are culturally affiliated with the constituent 
tribes of the Western Apache NAGPRA Working Group. The Western Apache 
NAGPRA Working Group is composed of the authorized representatives of 
the Fort McDowell Mohave-Apache Indian Community of the Fort McDowell 
Indian Reservation, Arizona, San Carlos Apache Tribe of the San Carlos 
Reservation, Arizona, the Tonto Apache Tribe of Arizona, the White 
Mountain Apache Tribe of the Fort Apache Reservation, Arizona, and the 
Yavapai-Apache Nation of the Camp Verde Indian Reservation, Arizona.
    The seven cultural items are a Dilzini medicine cord and pouch, a 
Dilzini wooden doll, two caps, and three Dilzini Gaan masks.
    The review committee recognizes that the Denver Art Museum engaged 
in good faith consultation with the Western Apache NAGPRA Working Group 
for several years. An impasse seemed to have developed in the 
consultation process. Officials of the Denver Art Museum felt that the 
information provided was not sufficient to meet the standard of NAGPRA 
and requested additional information. The Western Apache NAGPRA Working 
Group felt that the information it had provided was sufficient and that 
it was unable to provide additional sensitive religious information. 
The Western Apache NAGPRA Working Group requested the assistance of the 
review committee in resolving the dispute.
    During its May 31-June 2, 2002, meeting, the review committee 
considered the written information provided by both parties. In 
addition, the review committee was able to question both parties and 
obtain additional information regarding the identity and cultural 
affiliation of the seven items.
    The review committee concurs with the Denver Art Museum that 
sufficient evidence is available to support the following 
determinations of cultural affiliation:1.The Dilzini medicine cord and 
pouch (accession number 1936.216.1) is culturally affiliated with the 
White Mountain Apache Tribe of the Fort Apache Reservation, 
Arizona.2.The Dilzini wooden doll (accession number 1936.216.2) is 
culturally affiliated with the White Mountain Apache Tribe of the Fort 
Apache Reservation, Arizona.3.The cap (accession number 1946.215) is 
culturally affiliated with the San Carlos Apache Tribe of the San 
Carlos Reservation, Arizona.4.The Dilzini Gaan mask (accession number 
1947.256) is culturally affiliated with the White Mountain Apache Tribe 
of the Fort Apache Reservation, Arizona.5.Dilzini Gaan Mask (accession 
number 1947.257) is culturally affiliated with the San Carlos Apache 
Tribe of the San Carlos Reservation, Arizona.6.The Dilzini Gaan mask 
(accession number 1947.258) is culturally affiliated with the White 
Mountain Apache Tribe of the Fort Apache Reservation, Arizona.
    Oral testimony provided at the review committee meeting regarding 
the seventh item, a second cap (accession number 19417.1749), indicated 
that the symbols on the cap represent an Apache sacred site. Oral 
tradition provided at the meeting indicates that the cap was associated 
with a medicine man from Cibeque, AZ.
    The review committee finds that the evidence that the two parties 
provided to the review committee in advance of the review committee 
meeting, along with additional information that they provided at the 
meeting, is sufficient to support a determination that the seven items 
are objects that are specific ceremonial items that are needed by 
traditional Native American religious leaders for the practice of 
traditional Native American religions by their present-day adherents. 
Mr. Levi DeHose and Mr. Carlyle Russell were identified as traditional 
Apache religious leaders responsible for the performance of specific 
healing ceremonies. The seven items were identified as being needed for 
the conduct of these specific healing ceremonies, and the items must be 
returned to their resting place in order to continue the healing 
process.
    The review committee finds that the evidence that the two parties 
provided

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in advance of the review committee meeting, along with additional 
information that they provided at the meeting, is sufficient to support 
a determination that the seven items have ongoing historical, 
traditional, or cultural importance central to the Apache themselves, 
rather than property owned by an individual tribal member. Information 
provided at the meeting indicated that the continuing use of the seven 
items was necessary for the continuation of the healing process for 
present and future generations. The serious social problems and wide-
scale suffering among the Western Apache were attributed to the 
alienation of these and other ceremonial items from their resting 
places. The return of these items to their resting places will be 
beneficial to the health of the Apache people.
    The review committee also reaffirms the importance of ongoing, good 
faith consultation between the parties as the most effective means for 
finding repatriation solutions and precluding disputes.Based on these 
findings, the review committee recommends that the Denver Art Museum 
consider the oral testimony provided by the Western Apache NAGPRA 
Working Group, consult with the anthropological literature, re-evaluate 
the determination for repatriation, and inform the review committee of 
the museum's findings within the next 90 days.
    The Native American Graves Protection and Repatriation Act directs 
the Secretary of the Interior to establish and maintain an advisory 
committee composed of seven private citizens nominated by Indian 
tribes, Native Hawaiian organizations, and national museum 
organizations and scientific organizations (25 U.S.C. 3006). The 
responsibilities of the review committee include reviewing and making 
findings related to the identity or cultural affiliation of Native 
American human remains or other cultural items, or to the return of 
human remains or other cultural items; and facilitating the resolution 
of disputes among Indian tribes, Native Hawaiian organizations, or 
lineal descendants and Federal agencies or museums relating to the 
return of human remains and other cultural items.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3006 (g). These 
findings and recommendations do not necessarily represent the views of 
the National Park Service or the Secretary of the Interior. The 
National Park Service and the Secretary of the Interior have not taken 
a position on these matters.

    Dated: July 16, 2002
Armand Minthorn
Chair, Native American Graves Protection and Repatriation Review 
Committee.
[FR Doc. 02-23128 Filed 9-11-02; 8:45 am]
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