[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38122-38123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15253]



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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0032264; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: American Museum of 
Natural History, New York, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The American Museum of Natural History (AMNH), in consultation 
with the Tohono O'odham Nation, has determined that the cultural items 
listed in this notice meet the definition of either unassociated 
funerary objects or objects of cultural patrimony. Lineal descendants 
or representatives of any Indian Tribe or Native Hawaiian organization 
not identified in this notice that wish to claim these cultural items 
should submit a written request to the American Museum of Natural 
History. If no additional claimants come forward, transfer of control 
of the cultural items to the lineal descendants, Indian Tribes, or 
Native Hawaiian organizations stated in this notice may proceed.

DATES: Lineal descendants or representatives of any Indian Tribe or 
Native Hawaiian organization not identified in this notice that wish to 
claim these cultural items should submit a written request with 
information in support of the claim to the American Museum of Natural 
History at the address in this notice by August 18, 2021.

FOR FURTHER INFORMATION CONTACT: Nell Murphy, American Museum of 
Natural History, Central Park West at 79th Street, New York, NY 10024, 
telephone (212) 769-5837, email [email protected].

SUPPLEMENTARY INFORMATION: 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 under the 
control of the American Museum of Natural History, New York, NY, that 
meet the definition of either unassociated funerary objects or objects 
of cultural patrimony 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 
museum, institution, or Federal agency that has control of the Native 
American cultural items. The National Park Service is not responsible 
for the determinations in this notice.

History and Description of the Cultural Items

    In 1911, the AMNH purchased one medicine basket from Rudolf 
Rasmessen, a Tucson-based curio dealer and accessioned it into the 
collection that same year. The empty basket is described in Museum 
records as a Papago bear grass medicine basket. It is constructed of 
yucca leaves and plaited diagonally. It has an oblong shape consisting 
of rectangular sides with rounded corners and a tight-fitting lid that 
is characteristic of Papago medicine baskets in general.
    In 1911, AMNH accessioned eight medicine baskets and one medicine 
man's plume that Ms. Mary Lois Kissell collected between 1909-1910 as 
part of the Huntington Southwest Expedition. This Museum-sponsored 
initiative sought to better understand the peoples living in the 
southwestern United States. The baskets and medicine plume are all 
catalogued as ``Papago.''
    Kissell collected three baskets and one medicine man's plume in San 
Xavier, Pima County, AZ. The first basket from the San Xavier community 
has the customary oblong shape and lid. Museum records indicate that 
the original owner emptied the basket of all medicine items at the time 
of purchase. Kissell collected the second basket in San Xavier, though 
she indicated it was made by an individual in Santa Rosa. In her 1916 
publication on Pima and Papago basketry, Kissell noted that the basket 
contains owl feathers which protect from diseases caused by the owl. 
Today, in addition to owl feathers. this basket holds prayer sticks, 
cloth, an Apache effigy figure, and a fringed bag once used to contain 
it. Basket contents appear to have shifted over time and some of these 
items likely belong with other baskets described in this Notice. 
Kissell purchased the third basket from a medicine man in San Xavier. 
The basket, which was woven by the medicine man's wife, contains two 
turtle shells (one of which was likely fashioned into a rattle), which 
according to Museum records, offered protection from diseases caused by 
the turtle. In her 1916 publication on Pima and Papago basketry, 
Kissell wrote that the turtle shell has served three generations of 
medicine men. Kissell purchased a medicine man's plume while in San 
Xavier and according to Museum records, she placed it inside an empty 
medicine basket that she collected from a different medicine man in 
Santa Rosa. The plume consists of two feathers, presumably eagle, with 
string at the base.
    Kissell acquired two baskets from ``an old medicine woman'' in 
Little Tucson, Pima County, AZ, one of which she describes as a rain 
basket and the other of which contained medicine she describes as 
protecting an infant from being appropriated by evil spirits. Both 
baskets have the customary oblong shape and lid and one is now empty. 
The other basket contains a white cloth and prayer or rain stick. It is 
not possible to clearly link either basket with the descriptions 
provided by Kissell.
    Kissell collected two medicine baskets from Santa Rosa, Pima 
County, AZ. The first is a medicine man's basket that was made by the 
wife of the owner. Although empty today (except for a bundle of twine), 
the archival record indicates that it once contained an Apache figure 
inside ``to keep off Apache Indians.'' It is likely that the Apache 
figure is now stored in a Medicine basket from San Xavier described 
above. The second basket is a medicine man's basket that was collected 
by Kissell during her visit to Santa Rosa. An archival note indicates 
that it was plaited by the man's wife and purchased empty. Kissell 
added a San Xavier medicine man's plume to the basket after it was 
collected. The blue string inside may have originally been tied around 
the exterior.
    Kissell purchased one medicine basket with its contents from a 
medicine man in Covered Wells. It was plaited by the man's mother and 
is described in Museum records as a ``medicine man's basket for 
bringing rain.'' The basket currently holds pieces of cloth, four 
feathers, and a stick. In her 1916 publication, Kissell describes other 
items that are not found in the basket.
    In 1911, Carl Lumholtz, a Norwegian naturalist, sold three medicine 
baskets, three arrow shaft smoothers and one arrow shaft straightener 
to the AMNH. Between 1909 and 1910, Lumholtz was commissioned by 
private individuals to explore northwestern Sonora, Mexico, and 
southwestern Arizona. In 1911, he sold the items he collected during 
these expeditions to the AMNH. The first basket is fashioned of twined 
and plaited agave leaves in an oblong shape. The lid has a painted 
green stripe which outlines its top and then divides it into two equal 
halves into which are painted two identical squares created by 
alternating red and green lines. A red painted stripe outlines the 
lid's flap. The second basket is catalogued as ``small basket for 
keeping painting material'' but it is now empty. It has the same oblong 
shape as the first basket but lacks adornment. The third basket, while 
also exhibiting the typical oblong

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shape, is much longer in length than the other two baskets. Lumholtz 
described this basket in his field notebook with the following entry: 
``Large medicine basket in which eagle plumes and other sacred 
paraphernalia of the lady Kei[illeg.] are kept. Made by an old woman, 
Papago, at Noolic rancheria, Comobabi Range. June 1910.'' Lumholtz also 
wrote that ``the cover is considered as the mat, on which [the basket] 
stands when in use at the solemn occasions.''
    According to Museum records, Lumholtz, collected the three arrow 
shaft smoothers and the one arrow shaft straightener ``from the ancient 
cemetery near Cav-va-xiac Village, where [they were] deposited on a 
grave.'' Information provided during consultation with the Tohono 
O'odham Nation indicates that ``Cav-va-xiax Village'' is presently 
known as Cobabi (Kaav Vavhia or Badger Well in O'odham) which is 
situated east of Santa Rosa, Arizona. According to O'odham custom, 
visitors to this historic site are required to leave an offering and 
given the nature of the burial items, it is likely that the arrow 
smoothers and straightener were associated with the burial site of an 
O'odham hunter or warrior.
    Based on the Museum's records and consultation with representatives 
of the Tohono O'odham Nation of Arizona, the 12 baskets and one 
medicine man's plume collected in Arizona and catalogued as Papago are 
culturally affiliated with the Tohono O'odham Nation of Arizona. 
Evidence from museum records, scholarly publications and information 
provided during consultation indicated that a basket became a 
``medicine basket'' once the contents, such as artifacts or herbs, were 
placed inside. Only a medicine person would have been allowed to handle 
these kinds of baskets and no individual had the authority to sell 
them. The medicine and medicine basket belonged to families of medicine 
people and in some cases, would have been passed down to other members 
with a gift for healing. Even today, when a medicine person dies, some 
of their items are buried with them while others are left behind.
    Based on the Museum's records and consultation with representatives 
of the Tohono O'odham Nation of Arizona, the four items removed from an 
ancient cemetery near Cav-va-xiac Village are reasonably believed to 
have been placed with or near individual human remains at the time of 
death or later as part of the death rite or ceremony and are believed 
to have been removed from a specific burial site of a Tohono O'odham 
individual.

Determinations Made by the American Museum of Natural History

    Officials of the American Museum of Natural History have determined 
that:
     Pursuant to 25 U.S.C. 3001(3)(B), the three arrow shaft 
smoothers and one arrow shaft straightener described above are 
reasonably believed to have been placed with or near individual human 
remains at the time of death or later as part of the death rite or 
ceremony and are believed, by a preponderance of the evidence, to have 
been removed from a specific burial site of a Native American 
individual.
     Pursuant to 25 U.S.C. 3001(3)(D), the 12 medicine baskets 
and one medicine man's plume described above have ongoing historical, 
traditional, or cultural importance central to the Native American 
group or culture itself, rather than property owned by an individual.
     Pursuant to 25 U.S.C. 3001(2), there is a relationship of 
shared group identity that can be reasonably traced between the four 
unassociated funerary objects and 13 objects of cultural patrimony and 
the Tohono O'odham Nation of Arizona.

Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native 
Hawaiian organization not identified in this notice that wish to claim 
these cultural items should submit a written request with information 
in support of the claim to Nell Murphy, American Museum of Natural 
History, Central Park West at 79th Street, New York, NY 10024, 
telephone (212) 769-5837, email [email protected], by August 18, 2021. 
After that date, if no additional claimants have come forward, transfer 
of control of the four unassociated funerary objects and 13 objects of 
cultural patrimony to the Tohono O'odham Nation of Arizona may proceed.
    The American Museum of Natural History is responsible for notifying 
the Tohono O'odham Nation of Arizona that this notice has been 
published.

    Dated: July 7, 2021.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2021-15253 Filed 7-16-21; 8:45 am]
BILLING CODE 4312-52-P