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###### Department of the Interior

###### National Park Service

          - [NPS-WASO-NAGPRA-NPS0025953; PPWOCRADN0-PCU00RP14.R50000]

# AGENCY:

National Park Service, Interior.

# ACTION:

Notice.

# SUMMARY:

                        The Binghamton University has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any                               ( print page 39119)                            Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Binghamton University. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects 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 request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Binghamton University at the address in this notice by September 7, 2018.

# ADDRESSES:

                        Nina M. Versaggi, Public Archaeology Facility, Binghamton University, P.O. Box 6000, Binghamton, NY 13902-6000, telephone (607) 777-478, email                         *nversagg@binghamton.edu.*

# SUPPLEMENTARY INFORMATION:

Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Binghamton University, Binghamton, NY. The human remains and associated funerary objects were removed from Thomas Lucky Site (SUBi-888), Town of Ashland, Chemung County, NY.

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 human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

## Consultation

A detailed assessment of the human remains was made by the Binghamton University professional staff in consultation with representatives of the Cayuga Nation; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Oneida Nation (previously listed as the Oneida Tribe of Indians of Wisconsin); Oneida Indian Nation (previously listed as the Oneida Nation of New York); Onondaga Nation; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of Oklahoma); Stockbridge Munsee Community, Wisconsin; Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York); and Tuscarora Nation.

## History and Description of the Remains

In 1994-1995, following consultation with a chief from the Onondaga Nation, human remains representing two individuals were removed from the Thomas Lucky site in Town of Elmira, Chemung County, NY, by the Binghamton University field school. One associated funerary object, a broken white bone bead, was found with the human remains.

A bioarcheologist and archeologist from Binghamton University determined that the human remains were Native American. No known individuals were identified. Archeological information shows that two longhouses were present at the site, one with AMS dates extending from A.D. 1300 to 1450 and one with dates extending into the A.D. 1600s. Pottery at the site supports this continuous span of land use. This region was home to Delaware communities during the eighteenth century, and both the Delaware and Seneca engaged in Revolutionary War battles fought nearby as part of the Sullivan-Clinton campaign.

Haudenosaunee oral tradition states that, as The People of the Long House, they are affiliated culturally, spiritually, biologically, and personally to the ancestors located within their traditional aboriginal territories. This connection is also based upon cultural practices, language, and the philosophy of respect for those ancestors that have passed. This evidence supports a relationship of shared group identity which can reasonably be traced between the Cayuga Nation of New York; Seneca Nation of New York; Seneca-Cayuga Tribe of Oklahoma; and Tonawanda Band of Seneca Indians of New York and the human remains removed from the Thomas Luckey site, as this location is within the traditional aboriginal territory of the Cayuga Nation; Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of Oklahoma); and Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York). Similarly, the Delaware Nation, Oklahoma and Delaware Tribe of Indians recognize that they have a territorial connection to, and cultural affiliation with, sites located in Chemung County in New York.

## Determinations Made by the Binghamton University

Officials of the Binghamton University have determined that:
    - Pursuant to 25 U.S.C. 3001(9) , the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.
    - Pursuant to 25 U.S.C. 3001(3)(A) , the one object described in this notice is 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.
    - Pursuant to 25 U.S.C. 3001(2) , there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and Cayuga Nation; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of Oklahoma); and Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York).

## Additional Requestors and Disposition

                    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Nina M. Versaggi, Public Archaeology Facility, Binghamton University, P.O. Box 6000, Binghamton, NY 13902-6000, telephone (607) 777-478, email                     *nversagg@binghamton.edu,*                     by September 7, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to Cayuga Nation; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of Oklahoma); and Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York) may proceed.                

                    The Binghamton University is responsible for notifying the Cayuga Nation; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Oneida Nation (previously listed as the Oneida Tribe of Indians of Wisconsin); Oneida Indian Nation (previously listed as the Oneida Nation of New York); Onondaga                           ( print page 39120)                        Nation; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Nation (previously listed as the Seneca-Cayuga Tribe of Oklahoma); Stockbridge Munsee Community, Wisconsin; Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York); and Tuscarora Nation that this notice has been published.                

Dated: July 9, 2018.

Melanie O'Brien,

Manager, National NAGPRA Program. 

[FR Doc. 2018-16924 Filed 8-7-18; 8:45 am]

 BILLING CODE 4312-52-P