[Federal Register: January 19, 2007 (Volume 72, Number 12)]
[Notices]
[Page 2542-2543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja07-76]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of Draft Report of Findings Under the
Native American Graves Protection and Repatriation Act on a Feathered
Headdress in the Possession of the Department of the Interior, Fish and
Wildlife Service, Washington, DC
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Notice is hereby given in accordance with provisions of the
Native American Graves Protection and Repatriation Act (NAGPRA) of the
availability of the Report of Findings on a feathered headdress in the
possession of the U.S. Fish and Wildlife Service (Service) and in the
control of the Department of the Interior (DOI). This notice is given
so that the Service may continue to fulfill its obligations under
NAGPRA by distributing its findings for review by all interested
parties. Copies of this report have already been provided to the
requesting Tribes.
DATES: We must receive comments by February 20, 2007.
ADDRESSES: Please submit written comments to the Assistant Director,
National Wildlife Refuge System, 1849 C Street, NW., Washington, DC
20240, attention: Eugene Marino or by FAX (703) 358-2517.
FOR FURTHER INFORMATION CONTACT: Mr. Eugene Marino, Service
Archaeologist, (703) 358-2173.
SUPPLEMENTARY INFORMATION: The object in question is a feathered
headdress that was forfeited to the United States Government in
November 2001 as part of a guilty plea agreement resulting from an
attempt to sell it in violation of Sections 703 and 707(a) of the
Migratory Bird Treaty Act (16 U.S.C. 703-711). After consulting with
various parties, the United States District Court for the Eastern
District of Pennsylvania ruled that the forfeited object would be
turned over to the Department of the Interior for care and disposition
under the Native Graves Protection and Repatriation Act (NAGPRA), 25
U.S.C. 3001, et seq., and as codified in 43 CFR 10.8. The headdress is
ornamented with golden eagle feathers and is now under the control of
the DOI and in the possession of the Service.
An initial assessment of the object indicates that it was likely
manufactured during the first decade of the 20th Century. Documentation
submitted to the Court during the trial alleges that the headdress was
manufactured for use in ``The Last Pow-Wow,'' a gathering of tribal
chiefs, which occurred in 1907 in Collinsville, Indian Territory, which
is now the State of Oklahoma. The Comanche Chief Quannah Parker
purportedly offered the headdress to the Apache Chief Geronimo for use
during the event. Other documentation submitted for the Court's
consideration alleges that Chief
[[Page 2543]]
Geronimo took possession of the headdress and subsequently gave it to
his Government escort, Jack Moore, as an act of friendship. After
Geronimo's death in 1909, Jack Moore allegedly gave the headdress to an
acquaintance, whose family retained the object until an attempt was
made to sell it illegally in 1999.
The Report of Findings documents the review of the headdress under
NAGPRA for two claims received, one by the Comanche Nation and the
other by the Mescalero Apache.
The Report notes that for the Comanche Nation, the preponderance of
evidence submitted to the Service does not indicate a relationship of
shared group identity between the present day tribe--the Comanche
Nation--and an identifiable earlier group--the Chiricahua Apache--with
whom the headdress is associated [43 CFR 10.2 (4) and (4e)]. Given the
inability of the Comanche to provide evidence supporting their
assertion of cultural affiliation, the Service is unable to evaluate
their claim for the headdress as an object of cultural patrimony under
NAGPRA.
The report notes that for the Mescalero Apache, the preponderance
of evidence submitted to the Service does indicate a relationship of
shared group identity between an identifiable earlier group--the
Chiricahua Apache--with whom the headdress is associated [43 CFR 10.2 4
and e] and the Mescalero Apache--the present day tribe culturally
affiliated to the object.
The Service evaluation of the headdress as an object of cultural
patrimony for the Mescalero Apache finds that the headdress does not
meet the definition of an object of cultural patrimony under NAGPRA (43
CFR 10.4). Evidence provided to support the request connects the
headdress to Geronimo--a member of the Chiricahua Apache--and asserts
that the headdress was `constructed' solely for distribution to
attendees of the 1907 Pow Wow and was given to Geronimo in that
capacity.
The Service continues to manage the object as a forfeited item and
has not accessioned it into the Service's Museum Property inventory.
Although evidence collected as part of the NAGPRA Report of Findings
does not support a decision to repatriate the headdress to the
Mescalero Apache or Comanche Nation as an ``object of cultural
patrimony,'' the Service intends to transfer the headdress to both
Tribes following procedures under 50 CFR Subpart D 12.33. This
regulation permits the donation of forfeited items for scientific,
educational, or public display purposes to any person who demonstrates
the ability to provide adequate care and security for the object. A
2003 Compromise and Settlement Agreement signed by both Tribes
stipulates terms of care and security for the object that follow
standards established by the American Association of Museums (AAM). The
Service finds this agreement to be satisfactory to ensuring the
necessary level of care and security for the headdress as required
under 50 CFR part 12.
The announcement of this report makes available our draft findings
for review by interested parties and continues to fulfill the Service's
requirements under NAGPRA and announces our intentions for disposition.
Dated: January 9, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E7-759 Filed 1-18-07; 8:45 am]
BILLING CODE 4310-55-P
