[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 14997-14998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7404]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion: New York State Museum, Albany, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    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 in the possession of the 
New York State Museum, Albany, NY. The human remains were removed from 
the Engelbert site, Tioga 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. The National Park Service is not responsible 
for the determinations in this notice.
    A detailed assessment of the human remains was made by the New York 
State Museum professional staff in consultation with representatives of 
the Cayuga Nation of New York; Delaware Tribe (part of the Cherokee 
Nation, Oklahoma); Delaware Nation, Oklahoma; Oneida Tribe of Indians 
of Wisconsin; Oneida Nation of New York; Onondaga Nation of New York; 
Saint Regis Mohawk Tribe, New York (formerly the St. Regis Mohawk Band 
of Mohawk Indians of New York); Seneca Nation of New York; Seneca-
Cayuga Tribe of Oklahoma; Stockbridge Munsee Community, Wisconsin; 
Tonawanda Band of Seneca Indians of New York; and Tuscarora Nation of 
New York.
    In 1967 and 1968, human remains representing a minimum of 188 
individuals were removed from the Engelbert site in Tioga County, NY, 
during gravel mining for construction of the Southern Tier Expressway 
(Rt. 17). Initial assessment of the site was done by Dr. Robert E. Funk 
of the New York State Museum in 1967, with excavation and recovery 
conducted in 1967 by students from the State University of New York 
(SUNY) at Buffalo under the direction of Dr. Marian E. White. In 1967 
and 1968, additional archeological excavations were directed by Dr. 
William D. Lipe of SUNY-Binghamton over two field seasons with the 
assistance of members of the Triple Cities Chapter of the New York 
State Archeological Association, students from SUNY-Binghamton, and 
local volunteers. The excavations were funded in part by the New York 
State Museum. In 1967, the human remains were placed under the control 
of the Triple Cities Chapter of the New York State Archeological 
Association. In 1968, they were transferred to SUNY-Binghamton. In 
1989, a minimum of 180 individuals were transferred to the New York 
State Museum for curation, while the associated funerary objects 
remained under the physical possession and control of SUNY-Binghamton. 
No known individuals were identified. No associated funerary objects 
are under the control of the New York State Museum.
    The archeological evidence demonstrates that the Engelbert site is 
a large, multicomponent habitation site that was used intermittently 
over a period of about 5,000 years. The site was also used as a burial 
site during at least two different periods - about A.D. 1000 to the 
1400s, and the late 1500s to

[[Page 14998]]

possibly the early 1600s. The later burials are few in number. 
Archeological evidence associated with the earlier burials, including 
diagnostic pottery and projectile point types, is similar across a 
broad geographic region that later was occupied by both Iroquoian- and 
Algonquian-speaking people.
    Pottery types associated with the later burials at the site are 
typical of Susquehannock people who occupied the Susquehanna River 
Valley in New York and Pennsylvania, while 17th century historical 
records indicate that Susquehannock people were living in the area 
where the site is located until at least A.D. 1600. After the 
Susquehannock were greatly reduced by disease and warfare, they lived 
among a number of Indian Nations including Haudenosaunee and Delaware 
communities. Historical records and Haudenosaunee oral tradition show 
that individuals and groups, including the Susquehannock, were adopted 
into the Confederacy during this time. The Haudenosaunee Confederacy 
includes the six Nations: Mohawk, Oneida, Onondaga, Cayuga, Seneca, and 
Tuscarora Nations.
    Based on expert opinion, namely the findings and recommendations of 
the Native American Graves Protection and Repatriation Review Committee 
(Review Committee) made during the October 11-12, 2008 meeting in San 
Diego, CA, and published in the Federal Register (74 FR 9427-9428, 
March 4, 2009), there is a relationship of shared group identity 
between the human remains from the Engelbert site and the Federally-
recognized Onondaga Nation of New York, and the Haudenosaunee 
Confederacy, a non-Federally recognized Indian group for the purposes 
of NAGPRA.
    Written and verbal support for repatriation to the Onondaga Nation 
were received from the Tonawanda Band of Seneca Indians of New York; 
Oneida Nation of New York; Tuscarora Nation of New York; Stockbridge 
Munsee Community, Wisconsin; Delaware Tribe (part of the Cherokee 
Nation, Oklahoma); Cayuga Nation of New York; Oneida Tribe of Indians 
of Wisconsin; Saint Regis Mohawk Tribe, New York; and Seneca Nation of 
New York.
    Officials of the New York State Museum have determined that, 
pursuant to 25 U.S.C. 3001 (9-10), the human remains described above 
represent the physical remains of 180 individuals of Native American 
ancestry. Officials of the New York State Museum also have determined 
that, pursuant to 25 U.S.C. 3001 (2) and the findings of the Review 
Committee, there is a relationship of shared group identity that can be 
reasonably traced between the Native American human remains and the 
Federally-recognized Onondaga Nation of New York, and the Haudenosaunee 
Confederacy, a non-Federally recognized Indian group for the purposes 
of NAGPRA.
    Representatives of any other Indian Nation or tribe that believes 
itself to be culturally affiliated with the human remains should 
contact Lisa Anderson, New York State Museum, 3049 Cultural Education 
Center, Albany, NY 12330, telephone (518) 486-2020, before May 4, 2009. 
Repatriation of the human remains to the Onondaga Nation of New York 
may proceed after that date if no additional claimants come forward.
    The New York State Museum is responsible for notifying the Cayuga 
Nation of New York; Delaware Tribe (part of the Cherokee Nation, 
Oklahoma); Delaware Nation, Oklahoma; Oneida Tribe of Indians of 
Wisconsin; Oneida Nation of New York; Onondaga Nation of New York; 
Saint Regis Mohawk Tribe, New York; Seneca Nation of New York; Seneca-
Cayuga Tribe of Oklahoma; Stockbridge Munsee Community, Wisconsin; 
Tonawanda Band of Seneca Indians of New York; and Tuscarora Nation of 
New York that this notice has been published.

    Dated: March 25, 2009.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-7404 Filed 4-1-09; 8:45 am]
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