[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Notices]
[Pages 41378-41379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16486]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Intent to Repatriate Cultural Items: U.S. Department of 
the Interior, National Park Service, Intermountain Region, Santa Fe, NM

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is here given in accordance with the Native American Graves 
Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent 
to repatriate cultural items in the possession of the U.S. Department 
of the Interior, National Park Service, Intermountain Region, Santa Fe, 
NM, that meet the definition of ``sacred object'' under 25 U.S.C. 3001.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). 
The determinations in this notice are the sole responsibility of the 
NAGPRA coordinator, Intermountain Region.
    In 1994, the National Park Service assisted the Federal Bureau of 
Investigation and the United States Fish and Wildlife Service with the 
investigation of a Migratory Bird Treaty Act violation. The evidence 
included a collection of Native American objects confiscated from the 
East-West Trading Post in Santa Fe, NM. Preliminary subject matter 
expert review of the collection indicated that the objects were 
historically significant and potentially subject to NAGPRA. The 
collection was accessioned in 2002 into the Southwest Regional Office 
collections, now called the Intermountain Region Office. The 11 
cultural items covered in this notice are 4 hoof rattles, 1 pouch, and 
6 leather hide rattles.
    Following adjudication of the case, a detailed assessment of the 
objects was made by Intermountain Region (IMR) NAGPRA program staff in 
close collaboration with the IMR Museum Services program staff and in 
consultation with representatives of potentially affiliated tribes. 
During consultation, representatives of the Mescalero Apache Tribe of 
the Mescalero Reservation, New Mexico, identified the cultural items as 
specific ceremonial objects needed by traditional Mescalero Apache 
religious leaders for the practice of a traditional Native American 
religion by their present-day adherents. Oral tradition evidence 
presented by the representatives of the Mescalero Apache Tribe of the 
Mescalero Reservation, New Mexico, the written repatriation request and 
related correspondence received by the Intermountain Region further 
articulated the significance of the 11 cultural items to the Mescalero 
Apache Tribe of the Mescalero Reservation, New Mexico. Based on 
anthropological information, court case documentation, oral tradition, 
museum records, consultation evidence, and expert opinion, there is a 
cultural affiliation between the Mescalero Apache Tribe of the 
Mescalero Reservation, New Mexico, and the 11 sacred objects.
    Officials of the Intermountain Region have determined that, 
pursuant to 25 U.S.C. 3001 (3)(C), the 11 cultural items described 
above 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 
Intermountain Region also have determined that, pursuant to 25 U.S.C. 
3001 (2), there is a relationship of shared group identity that can be 
reasonably traced between the sacred objects and the Mescalero Apache 
Tribe of the Mescalero Reservation, New Mexico.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the sacred objects should

[[Page 41379]]

contact Dave Ruppert, NAGPRA Coordinator, NPS Intermountain Region, 
12795 West Alameda Parkway, Lakewood, CO 80228, telephone (303) 969-
2879, before August 18, 2008. Repatriation of the sacred objects to the 
Mescalero Apache Tribe of the Mescalero Reservation, New Mexico may 
proceed after that date if no additional claimants come forward.
    The Intermountain Region is responsible for notifying the Apache 
Tribe of Oklahoma; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of 
Arizona; Jicarilla Apache Nation, New Mexico; Mescalero Apache Tribe of 
the Mescalero Reservation, New Mexico; Navajo Nation, Arizona, New 
Mexico & Utah; Ohkay Owingeh, New Mexico (formerly the Pueblo of San 
Juan); Pueblo of Acoma, New Mexico; Pueblo of Cochiti, New Mexico; 
Pueblo of Jemez, New Mexico; Pueblo of Isleta, 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 Felipe, New 
Mexico; Pueblo of San Ildefonso, 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; Tonto 
Apache Tribe of Arizona; Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico & Utah; White Mountain Apache Tribe 
of the Fort Apache Reservation, Arizona; Yavapai-Apache Nation of the 
Camp Verde Indian Reservation, Arizona; Ysleta Del Sur Pueblo of Texas; 
and Zuni Tribe of the Zuni Reservation, New Mexico that this notice has 
been published.

    Dated: June 24, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E8-16486 Filed 7-17-08; 8:45 am]
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