[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Notices]
[Pages 74875-74876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30443]



[[Page 74875]]

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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-11687; 2200-1100-665]


Native American Graves Protection and Repatriation Review 
Committee Findings Related to the Identity and Return of Cultural Items 
in the Possession of the University of Pennsylvania Museum of 
Archaeology and Anthropology, Philadelphia, PA

AGENCY: National Park Service, Interior.

ACTION: Native American Graves Protection and Repatriation Review 
Committee: Findings.

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    This notice is published as part of the National Park Service's 
administrative responsibilities pursuant to the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3006(g)). The 
recommendations, findings and actions of the Review Committee 
associated with this dispute are advisory only and not binding on any 
person. These advisory findings and recommendations do not necessarily 
represent the views of the National Park Service or Secretary of the 
Interior. The National Park Service and the Secretary of the Interior 
have not taken a position on these matters.
SUMMARY: The Native American Graves Protection and Repatriation Review 
Committee (Review Committee) was established by Section 8 of the Native 
American Graves Protection and Repatriation Act (NAGPRA; 25 U.S.C. 
3006), and is an advisory body governed by the Federal Advisory 
Committee Act (5 App. U.S.C. 1-16). At its November 17-19, 2010 public 
meeting in Washington, DC, and acting pursuant to its statutory 
responsibility to convene the parties to a dispute relating to the 
identity and return of cultural items, and to facilitate the resolution 
of such a dispute, the Review Committee heard a dispute between the 
Hoonah Indian Association, joined by the Huna Totem Corporation, and 
the University of Pennsylvania Museum of Archaeology and Anthropology. 
The issues before the Review Committee were (1) whether, in their 
request for the repatriation of 38 catalogued objects deriving from the 
Snail House and one catalogued object deriving from the Eagle's Nest 
House that are in the possession of the University of Pennsylvania 
Museum of Archaeology and Anthropology, the requestors proved that all 
the requested objects are both ``sacred objects'' and objects of 
``cultural patrimony,'' as these terms are defined in NAGPRA; and (2) 
whether, in response to the request for the repatriation of the 39 
catalogued objects, the University of Pennsylvania Museum of 
Archaeology and Anthropology presented evidence proving that the Museum 
has a ``right of possession'' to any of the objects, as this term is 
defined in the NAGPRA regulations. The Review Committee found that all 
of the requested objects are both sacred objects and objects of 
cultural patrimony, and that the University of Pennsylvania Museum of 
Archaeology and Anthropology does not have a right of possession to any 
of those cultural items. The Review Committee meeting transcript 
containing the dispute proceedings and Review Committee deliberation 
and findings is available from the National NAGPRA Program upon request 
([email protected]).

SUPPLEMENTARY INFORMATION: Since 1924, thirty-eight cataloged objects 
deriving from the T[aacute]x [acute] Hit, or Snail House (Snail House), 
of the T'akdeintaan Clan of Tlingit Indians from Hoonah, Alaska have 
been in the possession of the University of Pennsylvania Museum of 
Archaeology and Anthropology. The Snail House is also known as 
Tsalx[aacute]an Hit, or the Mt. Fairweather House. In addition, since 
1918, a Shakee.[aacute]t, or Marmot Frontlet (Frontlet) deriving from 
the Eagle's Nest House of the T'akdeintaan Clan of Tlingit Indians also 
has been in the possession of the University of Pennsylvania Museum of 
Archaeology and Anthropology. Between 1995 and 2006, the Huna Totem 
Corporation and (since 2000) Hoonah Indian Association, an Alaska 
Native village, provided information to the University of Pennsylvania 
Museum of Archaeology and Anthropology that, taken together, 
constituted a joint request for the repatriation of the 39 cataloged 
objects in question. The request identified each of the objects in 
question as a ``sacred object'' and an object of ``cultural 
patrimony,'' as these terms are defined in NAGPRA (25 U.S.C. 3001(3)(C) 
and (D)). In its June 19, 2009 response to this request, the University 
of Pennsylvania Museum of Archaeology and Anthropology acknowledged 
that one of the objects is a sacred object and an object of cultural 
patrimony; six of the objects are sacred objects, but are not objects 
of cultural patrimony; and one of the objects is an object of cultural 
patrimony, but is not a sacred object. The University of Pennsylvania 
Museum of Archaeology and Anthropology also stated that, while it had a 
``right of possession'' to these eight cultural items, as defined in 
the NAGPRA regulations (43 CFR 10.10(a)(2)), nonetheless, it would 
elect not to assert its right of possession. The June 19, 2009 response 
also stated that the other 31 cataloged objects ``do not meet the 
specific NAGPRA definitions for cultural patrimony or sacred objects'' 
and, additionally, asserted the University of Pennsylvania Museum of 
Archaeology and Anthropology's right of possession to those 31 objects.
    Disputing the University of Pennsylvania Museum of Archaeology and 
Anthropology's determination that only one of the 39 catalogued objects 
was both a sacred object and an object of cultural patrimony, as well 
as the Museum's claim of right of possession to the 39 cataloged 
objects and assertion of that right with respect to 31 of the objects, 
the Hoonah Indian Association and the Huna Totem Corporation joined in 
asking the Review Committee to facilitate the resolution of the dispute 
between themselves and the University of Pennsylvania Museum of 
Archaeology and Anthropology. The Designated Federal Official for the 
Review Committee agreed to the request.
    At its November 17-19, 2010 meeting, the Review Committee 
considered the dispute. The issues before the Review Committee were (1) 
whether, in their request for the repatriation of the 39 catalogued 
objects in question, the requestors proved by a preponderance of the 
evidence that all the objects are ``sacred objects'' and objects of 
``cultural patrimony,'' as these terms are defined in NAGPRA; and (2) 
whether, in response to the request for repatriation, the University of 
Pennsylvania Museum of Archaeology and Anthropology presented evidence 
proving, by a preponderance of the evidence, that the Museum has a 
``right of possession'' to the objects. As defined in the NAGPRA 
regulations, `` `right of possession' means possession obtained with 
the voluntary consent of an individual or group that had authority of 
alienation.''
    Findings of Fact: Six Review Committee members participated in the 
fact finding. One member was self-recused. By a vote of six to zero, 
the Review Committee found that all 39 of the requested cataloged 
objects are both sacred objects and objects of cultural patrimony, and 
that the University of Pennsylvania Museum of Archaeology and 
Anthropology does not have a right of possession to any of the 
requested cultural items.


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    Dated: November 7, 2012.
Mervin Wright, Jr.,
Acting Chair, Native American Graves Protection and Repatriation Review 
Committee.
[FR Doc. 2012-30443 Filed 12-17-12; 8:45 am]
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