[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54526-54527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19169]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0034450; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: Robert S. Peabody 
Institute of Archaeology

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: In accordance with the Native American Graves Protection and 
Repatriation Act (NAGPRA), the Robert S. Peabody Institute of 
Archaeology intends to repatriate certain cultural items that meet the 
definitions of both sacred objects and objects of cultural patrimony 
and that have a cultural affiliation with the Indian Tribes or Native 
Hawaiian organizations in this notice. The cultural items were removed 
from Cattaraugus County, NY.

DATES: Repatriation of the cultural items in this notice may occur on 
or after October 6, 2022.

ADDRESSES: Ryan J. Wheeler, Robert S. Peabody Institute of Archaeology, 
Phillips Academy, 180 Main Street, Andover, MA 01810, telephone (978) 
749-4490, email [email protected].

SUPPLEMENTARY INFORMATION: This notice is published as part of the 
National Park Service's administrative responsibilities under NAGPRA. 
The determinations in this notice are the sole responsibility of the 
Robert S. Peabody Institute of Archaeology. The National Park Service 
is not responsible for the determinations in this notice. Additional 
information on the determinations in this notice, including the results 
of consultation, can be found in the summary or related records held by 
the Robert S. Peabody Institute of Archaeology.

Description

    The three cultural items were removed from Cattaraugus County, NY. 
The three sacred objects and objects of cultural patrimony are one 
False Face and two turtle rattles. The False Face (catalog no. 89/7195) 
and one of the turtle rattles (catalog no. 89/7196) were made by LeRoy 
Jimerson Sr., a Seneca Nation leader and wood carver, and given to the 
Robert S. Peabody Institute of Archaeology by his son LeRoy Jimerson 
Jr. in 1941. The second turtle rattle (catalog no. 141/16327), almost 
identical to the other, was collected by B.F. Gorham of South Harwich, 
MA, acquired by avocational archeologist Howard Torrey, and bequeathed 
by him to the Robert S. Peabody Institute of Archaeology in 1952.

Cultural Affiliation

    The cultural items in this notice are connected to one or more 
identifiable earlier groups, tribes, peoples, or cultures. There is a 
relationship of shared group identity between the identifiable earlier 
groups, tribes, peoples, or cultures and one or more Indian Tribes or 
Native Hawaiian organizations. The following types of information were 
used to reasonably trace the relationship: anthropological information, 
geographical information, historical information, kinship, and expert 
opinion.

Determinations

    Pursuant to NAGPRA and its implementing regulations, and after 
consultation with the appropriate Indian Tribes and Native Hawaiian 
organizations, the Robert S. Peabody Institute of Archaeology has 
determined that:
     The three 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.
     The three cultural items 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.
     There is a relationship of shared group identity that can 
be reasonably traced between the cultural items and the Seneca Nation 
of Indians (previously listed as Seneca Nation of New York).

Requests for Repatriation

    Additional, written requests for repatriation of the cultural items 
in this notice must be sent to the Responsible Official identified in 
ADDRESSES. Requests for repatriation may be submitted by any lineal 
descendant, Indian Tribe, or Native Hawaiian organization not 
identified in this notice who shows, by a preponderance of the 
evidence, that the requestor is a lineal descendant or a culturally 
affiliated Indian Tribe or Native Hawaiian organization.
    Repatriation of the cultural items in this notice to a requestor 
may occur on or after October 6, 2022. If competing requests for 
repatriation are received, the Robert S. Peabody Institute of 
Archaeology must determine the most appropriate requestor prior to 
repatriation. Requests for joint repatriation of the cultural items are 
considered a single request and not competing requests. The Robert S. 
Peabody Institute of Archaeology is responsible for sending a copy of 
this notice to the Indian Tribes and Native Hawaiian organizations 
identified in this notice.
    Authority: Native American Graves Protection and Repatriation Act, 
25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.8, Sec.  
10.10, and Sec.  10.14.


[[Page 54527]]


    Dated: August 29, 2022.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022-19169 Filed 9-2-22; 8:45 am]
BILLING CODE 4312-52-P