[Federal Register: August 30, 2002 (Volume 67, Number 169)]
[Page 55864]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 55864]]



Fish and Wildlife Service

Notice of Intent to Consult under Section 8 of the Native 
American Graves Protection and Repatriation Act on an Object of 
Cultural Patrimony in the Possession of the U.S. Department of the 
Interior, Fish and Wildlife Service, Washington, DC, and in the Control 
of the U.S. Department of the Interior, Washington, DC.

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Notice.


SUMMARY: Notice is hereby given in accordance with provisions of the 
Native American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 
10.8, of the intent to consult on affiliation with an object of 
cultural patrimony in the possession of the U.S. Fish and Wildlife 
Service, Washington, DC, and in the control of the U.S. Department of 
the Interior, Washington, D.C.

DATES: Information and comments must be submitted by October 29, 2002.

ADDRESSES: Please submit written comments to the Director, Fish and 
Wildlife Service, 1849 C Street, NW., Washington, DC 20240, attention: 
Kevin Kilcullen.

Archaeologist, at (703) 358-2029.

SUPPLEMENTARY INFORMATION: The object in question is a headdress that 
is allegedly associated with the Apache Chief Geronimo and the 
Commanche Tribe of Oklahoma. The headdress 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. 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 
NAGPRA. The headdress is ornamented with golden eagle feathers and is 
now under the control of the Department and in the possession of the 
U.S. Fish and Wildlife 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 Commanche 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 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 
    The Department of the Interior is attempting to repatriate this 
object of cultural patrimony to the appropriate tribe or individual 
using the process found in Subpart C, 43 CFR 10.8 of NAGPRA's 
    In order for the Department to fulfill its legal obligations, we 
are requesting information on the following issues to help in 
determining the proper affiliation for this object.
    1. With regard to affiliation, we are seeking to discover:
    a. The appropriate tribal affiliation with this headdress;
    b. the nature of that relationship; and
    c. how the relationship was determined.
    2. Recommendations on how the consultation process should be 
    3. The name and address of and appropriate methods to contact 
Tribal officials to act as representatives during the consultation 
    4. The names of any lineal descendants of individuals who may have 
an interest or association with this object.
    5. The names and appropriate methods to contact traditional 
religious leaders who should be consulted regarding this object.
    6. A description of the kinds of objects of cultural patrimony that 
your tribe believes to have been made exclusively for ceremonial and 
other uses.
    Interested parties should be aware that this notice is advisory and 
for the purpose of gathering information to help the Department reach a 
determination of affiliation. Contact for the purpose of consultation 
is not recognition of affiliation. We are, however, interested in the 
views of tribes, individuals, and other interested parties that might 
be helpful in determining proper affiliation of the object in question.
    A letter and a copy of this notice have been sent to officials of 
the Mescalero Apache Tribe, Apache Tribe of Oklahoma, and Commanche 
Indian Tribe. A similar public notice requesting comments has been 
published in major newspapers in the State of Oklahoma.

    Dated: July 23, 2002.
Marshall P. Jones, Jr.,
Deputy Director, Fish and Wildlife Service.
[FR Doc. 02-22135 Filed 8-29-02; 8:45 am]