[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75657-75658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26789]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0034983; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intent To Repatriate Cultural Items: New York State 
Museum, Albany, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: In accordance with the Native American Graves Protection and 
Repatriation Act (NAGPRA), the New York State Museum (NYSM), intends to 
repatriate certain cultural items that meet the definition of 
unassociated funerary objects and that have a cultural affiliation with 
the Indian Tribes or Native Hawaiian organizations in this notice. The 
cultural items were removed from Albany, Greene, Rensselaer, Saratoga, 
and Washington Counties, NY.

DATES: Repatriation of the cultural items in this notice may occur on 
or after January 9, 2023.

ADDRESSES: Lisa Anderson, New York State Museum, 3049 Cultural 
Education Center, Albany, NY 12230, telephone (518) 486-2020, email 
[email protected].

SUPPLEMENTARY INFORMATION: This notice is published as part of the 
National Park Service's administrative

[[Page 75658]]

responsibilities under NAGPRA. The determinations in this notice are 
the sole responsibility of the NYSM. The National Park Service is not 
responsible for the determinations in this notice. Additional 
information on the determinations in this notice, including the results 
of consultation, can be found in the summary or related records held by 
the NYSM.

Description

    In 1967, Dr. Robert E. Funk of the NYSM removed 18 unassociated 
funerary objects from several Native American graves eroding from the 
bank of the Hudson River at the Goes site in Cedar Hill, Albany County, 
NY. The 18 unassociated funerary objects are six pottery sherds, one 
chert knife, and 11 chert flakes. Archeological evidence indicates 
long-term use of the Goes site from the Late Archaic to Contact 
periods. The unassociated funerary objects suggest the graves date to 
the Late Woodland period.
    Around 1899, Dr. A.H. Getty removed 313 unassociated funerary 
objects from a Native American grave at the Saunders Farm site near 
Athens, in Greene County, NY, after it was exposed by mining for 
molding sand. Getty later gave the items to the Reverend W.N.P. Dailey, 
who in turn donated them to the NYSM in 1904. The 313 unassociated 
funerary objects are 295 copper beads, 17 shell beads, and one stone 
gorget. The type of unassociated funerary objects from the Saunders 
Farm site suggests the grave dates to the Early Woodland period.
    In 1963, Dr. Robert E. Funk of the NYSM removed two unassociated 
funerary objects from the Tufano site in Greene County, NY. The two 
unassociated funerary objects are one pottery sherd and one chipped 
stone tool. Archeological evidence indicates the Tufano site dates to 
the late Middle Woodland period.
    In 1956, Mr. Carl S. Sundler removed 21 unassociated funerary 
objects from a Native American grave at the Van Orden site in Greene 
County, NY, after the site was disturbed by construction. Sundler 
donated the items to the NYSM in 1974 as part of a larger collection. 
The 21 unassociated funerary objects are four projectile points, four 
chert tools, one fragment of animal bone, seven pottery sherds, two 
charcoal samples, two mineral samples, and one shell fragment. 
Archeological evidence indicates the Van Orden site dates to the Early-
to-Middle Woodland period.
    In 1986, Dr. Robert E. Funk of the NYSM removed eight unassociated 
funerary objects from a Native American grave eroding from the bank of 
the Hoosic River at the Knickerbocker site in Rensselaer County, NY. 
The eight unassociated funerary objects are two pottery rim sherds, 
five chert flakes, and one charcoal sample. The type of unassociated 
funerary objects from the Knickerbocker site suggests the grave dates 
to the Late Woodland period.
    In 1976, the NYSM acquired one unassociated funerary object from 
Mr. J.W. Bouchard, who recovered it from a Native American grave at the 
Reynolds site in Saratoga County, NY, after it had eroded from the bank 
of Fish Creek. The one unassociated funerary object is a perforated 
brass thimble that dates to the mid-17th century.
    In 1965, Drs. Robert E. Funk and William A. Ritchie of the NYSM 
removed one unassociated funerary object from the Barton site in 
Washington County, NY, after the site was disturbed by construction. 
The one unassociated funerary object is a sample of red ocher. 
Archeological evidence suggests the Barton site dates to the Early 
Woodland period.

Cultural Affiliation

    The cultural items in this notice are connected to one or more 
identifiable earlier groups, tribes, peoples, or cultures. There is a 
relationship of shared group identity between the identifiable earlier 
groups, tribes, peoples, or cultures and one or more Indian Tribes or 
Native Hawaiian organizations. The following types of information were 
used to reasonably trace the relationship: archeological, geographical, 
and linguistic.

Determinations

    Pursuant to NAGPRA and its implementing regulations, and after 
consultation with the appropriate Indian Tribes and Native Hawaiian 
organizations, the NYSM has determined that:
     The 364 cultural items described above are 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 and 
are believed, by a preponderance of the evidence, to have been removed 
from specific burial sites of Native American individuals.
     There is a relationship of shared group identity that can 
be reasonably traced between the cultural items and the Stockbridge 
Munsee Community, Wisconsin.

Requests for Repatriation

    Additional, written requests for repatriation of the cultural items 
in this notice must be sent to the Responsible Official identified in 
ADDRESSES. Requests for repatriation may be submitted by any lineal 
descendant, Indian Tribe, or Native Hawaiian organization not 
identified in this notice who shows, by a preponderance of the 
evidence, that the requestor is a lineal descendant or a culturally 
affiliated Indian Tribe or Native Hawaiian organization.
    Repatriation of the cultural items in this notice to a requestor 
may occur on or after January 9, 2023. If competing requests for 
repatriation are received, the NYSM must determine the most appropriate 
requestor prior to repatriation. Requests for joint repatriation of the 
cultural items are considered a single request and not competing 
requests. The NYSM is responsible for sending a copy of this notice to 
the Indian Tribe identified in this notice.
    Authority: Native American Graves Protection and Repatriation Act, 
25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.8, 10.10, 
and 10.14.

    Dated: November 30, 2022.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022-26789 Filed 12-8-22; 8:45 am]
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