[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14492-14493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06829]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0025138; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: New York University College of 
Dentistry, New York City, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The New York University (NYU) College of Dentistry has 
completed an inventory of human remains, in consultation with the 
appropriate Indian Tribes or Native Hawaiian organizations, and has 
determined that there is no cultural affiliation between the human 
remains and any present-day Indian Tribes or Native Hawaiian 
organizations. 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 should submit a written 
request to the NYU College of Dentistry. If no additional requestors 
come forward, transfer of control of the human remains to the Indian 
Tribes or Native Hawaiian organizations stated in this notice may 
proceed.

DATES: 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 should submit a written 
request with information in support of the request to the NYU College 
of Dentistry at the address in this notice by May 4, 2018.

ADDRESSES: Dr. Louis Terracio, NYU College of Dentistry, 345 East 24th 
Street, New York, NY 10010, telephone (212) 998-9717, email 
[email protected].

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 under 
the control of the NYU College of Dentistry, New York City, NY. The 
human remains were removed from unknown sites in the State of 
Tennessee.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). 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.

Consultation

    A detailed assessment of the human remains was made by the NYU 
College of Dentistry professional staff in consultation with 
representatives of the Cherokee Nation, Eastern Band of Cherokee 
Indians, The Chickasaw Nation, and United Keetoowah Band of Cherokee 
Indians in Oklahoma.

History and Description of the Remains

    Between 1868 and 1869, human remains representing, at minimum, 4 
individuals were removed by Dr. Joseph Jones of Nashville, TN, from 
sites in the State of Tennessee. Dr. Jones kept ledgers that 
illustrated and described many of the human remains and objects that he 
collected. He published the results of his excavations in Volume 22

[[Page 14493]]

of the Smithsonian Contributions to Knowledge. In 1906, Dr. Jones' 
widow sold his collection, including the human remains from Tennessee, 
to the Museum of the American Indian, Heye Foundation. In 1956, the 
Museum of the American Indian transferred some of the crania and 
mandibles from Jones' excavations to Dr. Theodore Kazamiroff of the NYU 
College of Dentistry.
    The human remains under the control of the NYU College of Dentistry 
represent the following: One young adult male removed from an unknown 
site on the Harpeth River, likely in Williamson County, TN; one adult 
male of indeterminate age and one individual of indeterminate age and 
sex removed from an unknown site, TN; and one probable male adult 
removed from a stone grave at an unknown site, TN. No known individuals 
were identified. No associated funerary objects are present.
    The human remains described in this notice have been determined to 
be Native American through a combination of collector records, site 
information, and forensic data. In his catalog, Jones identifies the 
remains as Native American. The graves from which the human remains 
were removed all predate European contact, and therefore the human 
remains are assumed to be Native American based on their age. During 
forensic examination, diagnostic features of Native American 
individuals were identified.
    Although the specific sites from which the remains were removed are 
not known, Jones excavated sites along the Cumberland and Big Harpeth 
Rivers in present-day Davidson and Williamson counties. The sites he 
excavated date to the Thruston phase (A.D. 1250-1450) and were 
abandoned after that time. During consultations, tribal representatives 
identified the area as the ancestral lands of southeastern Indian 
Tribes, but noted that there is difficulty in establishing a specific 
cultural affiliation due to the complexity of the region, broadly 
shared material culture, and the lack of information to trace specific 
migrations out of the region after A.D. 1450.
    Historically, the area from which the human remains were removed 
was claimed by both the Cherokee and the Chickasaw peoples. The 1785 
Treaty of Hopewell officially delineated the boundary between the 
Cherokee and Chickasaw lands. The Cherokee retained rights to land in 
modern-day Davidson County, TN, and most of modern-day Williamson 
County, TN. The Chickasaw retained rights to the land in the southern 
and western portions of modern-day Williamson County, TN. Both the 
Cherokee and Chickasaw ceded their lands in Davidson and/or Williamson 
counties, TN, to the U.S. Government in the Treaty of 1805. Without 
knowing the precise location of the burial sites, it is not possible to 
determine if the human remains were removed from the ceded lands of the 
Cherokee or the Chickasaw, but it is likely that they were removed from 
the area represented by their combined land claims in Davidson and 
Williamson counties.

Determinations Made by the NYU College of Dentistry

    Officials of the NYU College of Dentistry have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of, at a minimum, 4 
individuals of Native American ancestry.
     Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains and any present-day Indian Tribe.
     Treaties indicate that the land from which the Native 
American human remains were removed is the aboriginal land of the 
Cherokee Nation, Eastern Band of Cherokee Indians, The Chickasaw 
Nation, and United Keetoowah Band of Cherokee Indians in Oklahoma.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains may be to the Cherokee Nation, Eastern Band of Cherokee 
Indians, The Chickasaw Nation, and United Keetoowah Band of Cherokee 
Indians in Oklahoma.

Additional Requestors and Disposition

    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 should submit a written request with information 
in support of the request to Dr. Louis Terracio, NYU College of 
Dentistry, 345 East 24th Street, New York, NY 10010, telephone (212) 
998-9717, email [email protected], by May 4, 2018. After that 
date, if no additional requestors have come forward, transfer of 
control of the human remains to the Cherokee Nation, Eastern Band of 
Cherokee Indians, The Chickasaw Nation, and United Keetoowah Band of 
Cherokee Indians in Oklahoma may proceed.
    The NYU College of Dentistry is responsible for notifying the 
Cherokee Nation, Eastern Band of Cherokee Indians, The Chickasaw 
Nation, and United Keetoowah Band of Cherokee Indians in Oklahoma that 
this notice has been published.

    Dated: February 28, 2018.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2018-06829 Filed 4-3-18; 8:45 am]
 BILLING CODE 4312-52-P