Notice2022-00227

Notice of Intent To Repatriate Cultural Items: Berkshire Museum, Pittsfield, MA

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
January 10, 2022

Issuing agencies

Interior DepartmentNational Park Service

Abstract

The Berkshire Museum, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, has determined that the cultural items listed in this notice meet the definition of 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 Berkshire Museum. 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.

Full Text

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<title>Federal Register, Volume 87 Issue 6 (Monday, January 10, 2022)</title>
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[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1185-1186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00227]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0033208; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: Berkshire Museum, 
Pittsfield, MA

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Berkshire Museum, in consultation with the appropriate 
Indian Tribes or Native Hawaiian organizations, has determined that the 
cultural items listed in this notice meet the definition of 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 Berkshire Museum. 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 Berkshire Museum at the 
address in this notice by February 9, 2022.

FOR FURTHER INFORMATION CONTACT: Jason Vivori, Berkshire Museum, 39 
South Street, Pittsfield, MA 01201, telephone (413) 443-7171 Ext. 341, 
email <a href="/cdn-cgi/l/email-protection#e8829e819e879a81a88a8d9a839b80819a8d859d9b8d9d85c6879a8f"><span class="__cf_email__" data-cfemail="f8928e918e978a91b89a9d8a938b90918a9d958d8b9d8d95d6978a9f">[email&#160;protected]</span></a>.

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 Berkshire Museum, Pittsfield, MA, that meet the 
definition of 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 the mid-18th century, two cultural items were removed from 
Whahktukuk in Berkshire County, MA. According to museum documentation, 
both items were donated to the Berkshire Museum in 1958 by Allen Peck 
of Pittsfield. According to the donor, both items had been given to 
Israel Dickinson of Pittsfield (1736-1777), his great-great 
grandfather, by Sachem John Konkapot of Stockbridge (ca. 1690-1765), a 
significant leader in the Stockbridge Munsee Community, Wisconsin. The 
two objects of cultural patrimony are one wampum pouch and one pair of 
moccasins.
    In consultation with the Stockbridge Munsee Community, Wisconsin, 
the Berkshire Museum has determined that the date and provenience of 
the cultural items reasonably accord with the lives of both John 
Konkapot and Israel Dickinson. Consequently, the information in the 
possession of the Berkshire Museum shows that Sachem Konkapot was the 
caretaker of the pouch and moccasins prior to the donor's great-great 
grandfather, Israel Dickinson, coming into possession of them.
    The wampum pouch has ongoing historical, traditional, or cultural 
importance central to the Native American group or culture itself, 
rather than property owned by an individual, and cannot be alienated, 
appropriated, or conveyed by an individual regardless of whether or not 
the individual is a member of the Indian Tribe. Written histories 
establish the wampum pouch as a continuing culturally significant 
artifact since at least the eighteenth century. In Stockbridge Past and 
Present, or, Records of an Old Mission Station, Hendrick Aupaumut, a 
well-known 18th century Stockbridge Mohican historian and diplomat 
wrote, ``The Sachem is allowed to keep Mno-ti, or peaceable bag, or bag 
of peace. . . In this bag they keep various Squau-tho-won, or belts of 
wampum: Also strings; which belts and strings they used to establish 
peace and friendship with different nations, and to use them on many 
occasions, and passed as coin. In this bag they keep all belts and 
strings which they received of their allies of different nations.'' 
Aupaumut added, ``Another, and important use of the Wampum was its 
substitution in the place of writing. The red bead signified blood, the 
black or dark colors had a severe meaning, while white denoted peace. 
Then ideas could be conveyed by various figures into which It was 
wrought, a red hatchet, for instance, readily suggesting the idea of 
war. Thus, not only the fact that a treaty had been made, but its terms 
could be kept in mind, and the various circumstances in the history of 
a nation could be recorded.'' Accordingly, the wampum pouch is 
hereditary to the office of the Sachem, allowing the Stockbridge Munsee 
Community, Wisconsin to establish treaties with other nations serving 
as a literal container of history and oral tradition.
    The pair of moccasins also satisfy NAGPRA's definition of cultural 
patrimony. They are significant for having belonged to Stockbridge-
Munsee Sachem John Konkapot.

Determinations Made by the Berkshire Museum

    Officials of the Berkshire Museum have determined that:
    <bullet> Pursuant to 25 U.S.C. 3001(3)(D), the two 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.
    <bullet> Pursuant to 25 U.S.C. 3001(2), there is a relationship of 
shared group identity that can be reasonably traced between the 
cultural patrimony and the Stockbridge Munsee Community, Wisconsin.

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 Jason Vivori, Berkshire Museum, 39 South 
Street, Pittsfield, MA 01201, telephone (413) 443-7171 Ext. 341, email 
<a href="/cdn-cgi/l/email-protection#a8c2dec1dec7dac1e8cacddac3dbc0c1dacdc5dddbcdddc586c7dacf"><span class="__cf_email__" data-cfemail="274d514e5148554e674542554c544f4e55424a525442524a09485540">[email&#160;protected]</span></a>, by February 9, 2022. After that date, if 
no additional claimants have come forward, transfer of control of the 
objects of cultural patrimony to the Stockbridge Munsee Community, 
Wisconsin may proceed.
    The Berkshire Museum is responsible for notifying the Stockbridge 
Munsee Community, Wisconsin that this notice has been published.


[[Page 1186]]


    Dated: January 3, 2022.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022-00227 Filed 1-7-22; 8:45 am]
BILLING CODE 4312-52-P


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Indexed from Federal Register on January 10, 2022.

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