[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35579-35580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12559]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion for Native American Human Remains 
and Associated Funerary Objects in the Control of the U.S. Department 
of the Interior, National Park Service, Statue of Liberty National 
Monument, New York, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is hereby given in accordance with provisions of the Native 
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9, 
of the completion of the inventory of human remains and associated 
funerary objects presently in the control of the U.S. Department of the 
Interior, National Park Service, Statue of Liberty National Monument, 
New York, NY.
     This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 43 CFR 10.2 (c). The 
determinations within this notice are the sole responsibility of the 
National Park unit that has control or possession of these Native 
American human remains and associated funerary objects. The Manager, 
National NAGPRA Program is not responsible for the determinations 
within this notice.
    A detailed inventory and assessment of these human remains has been 
made by National Park Service curatorial, anthropological, and 
archeological staff; contracted specialists in physical anthropology; 
and representatives of the Delaware Nation, Oklahoma and the Delaware 
Tribe of Indians, Oklahoma. The National Park Service also consulted 
with the Stockbridge-Munsee Community of Mohican Indians of Wisconsin 
and the non-Federally recognized Delaware Nation Grand Council of 
Oklahoma (consisting of representatives of the Delaware Nation and the 
Delaware Tribe of Indians of Oklahoma, and the Moravian of the Thames 
First Nation and the Munsee-Delaware Nation of Canada).
    In 1963, human remains representing a minimum of one individual 
were recovered from Liberty Island (also known as Bedloe's Island), 
during the restoration of Fort Wood. The human remains were recovered 
from strata located four feet below the present ground level. No 
associated funerary objects are present. The identity of this 
individual could not be determined.
     Between 1985-1987, human remains representing a minimum of four 
individuals were recovered from Ellis Island during restoration of the 
main building of the Immigration Station. The human remains were 
recovered at a depth of 3.5 to 4 feet below the present ground level 
from both a prehistoric shell stratum and a disturbed area associated 
with the prehistoric shell midden. It is believed that the disturbance 
is related to construction of the Main Building that occurred in the 
1890s. No items were found that appear to have been intentionally 
placed with these human remains at the time of death. A sage bundle 
placed at the site in 1987, and now in the monument's collections, was 
intentionally placed near the human remains as part of a death rite or 
ceremony of a culture. No known individuals were identified.
    In 1986, human remains representing a minimum of one individual 
were recovered from another location on Ellis Island during 
construction of a water line. The human remains were recovered from a 
disturbed area believed to have been used as fill during the 20th 
Century. No associated funerary objects are present. The identity of 
this individual could not be determined.
    The remains of all six individuals were reviewed for indications of 
Native American ancestry. Characteristics of the remains of two 
individuals recovered during the renovation of the Immigration Station 
and one individual recovered during the construction of the water line 
are indicative of Native American ancestry. Traits indicative of non-
Native American ancestry were not noted on any of the remains recovered 
from Ellis Island; and traits from the Liberty Island remains could not 
be evaluated in this respect due to the lack of comparative data.
    The remains of five individuals appear to have been originally 
associated with prehistoric shell middens. Remains of the four 
individuals associated with the Immigration Station were recovered from 
intact prehistoric shell matrices, and from disturbed oyster shell/sand 
and clay contexts believed to have been obtained from prehistoric 
strata underlying the Immigration Station. It is apparent from the 
contexts and condition of archeological removals that the remains were 
present while the area was still being used to procure shellfish.
    Previous archeological excavations have shown that shell middens 
were commonly used as burial areas during the Middle Woodland (0 AD to 
1000 AD) and Late Woodland (1000 AD to 1600) periods. The presence of 
pottery in the Ellis Island strata suggests a similar time frame of 
late Middle Woodland to Late Woodland occupation. A radiocarbon assay 
of charcoal from the base of the Ellis Island shell midden dates 
occupation of the lowest level of that site to A.D. 801-949. The human 
remains recovered from the context of the shell middens on the two 
islands are believed to have been interred between A.D. 801-1600.
    Historical documentation indicates that in A.D. 1600 the area 
around Statue of Liberty National Monument was occupied by Algonquian-
speaking peoples, including the Munsee Delaware peoples. Archeological 
excavations throughout the mid-Atlantic region reveal a continuity of 
material

[[Page 35580]]

culture through time indicative of a relationship of shared group 
identity between the Munsee Delaware peoples and the Middle Woodland 
and Late Woodland period populations of the area. Representatives of 
the Delaware Nation Grand Council have identified the Statue of Liberty 
National Monument as being within the traditional territory of their 
constituent tribes.
    Based on the above-mentioned information, the superintendent of 
Statue of Liberty National Monument determined that, pursuant to 43 CFR 
10.2 (d)(1), the human remains listed above represent the physical 
remains of at least six individuals of Native American ancestry. The 
superintendent of Statue of Liberty National Monument also determined 
that, pursuant to 43CFR 10.2 (d)(2), the one item listed above is 
reasonably believed to have been placed with or near individual human 
remains as part of a death rite or ceremony. Lastly, the superintendent 
of Statue of Liberty National Monument has determined that, pursuant to 
43 CFR 10.2 (e), there is a relationship of shared group identity which 
can be reasonably traced between these human remains and the associated 
funerary object and the Delaware Nation, Oklahoma; the Delaware Tribe 
of Indians, Oklahoma; and the Stockbridge-Munsee Community of Mohican 
Indians of Wisconsin.
    This notice has been sent to officials of the Delaware Tribe of 
Indians, Oklahoma; the Delaware Nation, Oklahoma; the Stockbridge-
Munsee Community of Mohican Indians of Wisconsin; and to officials of 
the non-Federally recognized Delaware Nation Grand Council of Oklahoma. 
Representatives of any other Indian tribe that believes itself to be 
culturally affiliated with these human remains should contact Diane H. 
Dayson, Superintendent, Statue of Liberty National Monument, Liberty 
Island, New York, NY 10004; telephone; (212) 363-7772, before June 19, 
2002. Repatriation of the human remains and associated funerary object 
to the Delaware Tribe of Indians, Oklahoma; Delaware Nation, Oklahoma; 
and Stockbridge-Munsee Community of Mohican Indians of Wisconsin may 
begin after that date if no additional claimants come forward.

    Dated: April 16, 2002.
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-12559 Filed 5-17-02; 8:45 am]
BILLING CODE 4310-70-S