[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75649-75651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26790]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0034984; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: 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 (NSYM) has 
completed an inventory of human remains and associated funerary objects 
and has determined that there is a cultural affiliation between the 
human remains and associated funerary objects and Indian Tribes or 
Native Hawaiian organizations in this notice. The human remains and 
associated funerary objects were removed from Bronx, Dutchess, Orange, 
Sullivan, and Ulster Counties, NY.

DATES: Repatriation of the human remains and associated funerary 
objects 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 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 inventory or related records held by the NYSM.

Description

    In 1957-1958, human remains representing, at minimum, two 
individuals were removed from the Archery Range site in Pelham Bay 
Park, Bronx County, NY, during excavations conducted by Mr. Edward 
Kaeser. These human remains were identified among a collection of 
animal bones Kaeser donated to the NYSM in 2008. They

[[Page 75650]]

include a single hand bone belonging to an adult and a tibia fragment 
belonging to a second adult. No known individuals were identified. No 
associated funerary objects are present. Based on archeological 
evidence, these human remains date to the Late Woodland period.
    In 1939, human remains representing, at minimum, two individuals 
were removed from the Goat Island site in the Hudson River, Dutchess 
County, NY, during excavations conducted by Dr. Mary Butler as part of 
the Hudson Valley Archaeological Survey sponsored by Vassar College. In 
1950, the collections were donated to the NYSM. The human remains 
include fragmentary skeletal elements belonging to an adult male and a 
metatarsal belonging to an adolescent 12-14 years old. No known 
individuals were identified. The six associated funerary objects are 
three projectile points and fragments of three pottery vessels. 
Archeological evidence suggests the burials date from the late Early 
Woodland to early Middle Woodland periods.
    Sometime prior to 2011, human remains representing, at minimum, one 
individual were removed from the Turtle Pond Hill site in Armenia, 
Dutchess County, NY, during excavations conducted by Mr. Kenneth 
Hoadley. In 2012, these human remains were donated to the NYSM as part 
of a larger collection. They consist of a cranial fragment belonging to 
a child. No known individual was identified. No associated funerary 
objects are present. Although the context of these human remains is 
unknown, archeological evidence indicates the Turtle Pond Hill site was 
occupied intermittently from the Late Archaic through Late Woodland 
periods.
    Between 1965 and 1967, human remains representing, at minimum, one 
individual were removed from the Dutchess Quarry Cave 1 site near 
Middletown, Orange County, NY, during excavations conducted by Orange 
County Chapter of the New York State Archaeological Association. No 
burials were identified during the excavations. These human remains 
were found among a collection of animal bones removed from disturbed 
refuse deposits at the site that the NYSM acquired through a series of 
donations. The fragmentary, incomplete human remains belong to an adult 
of unknown sex. No known individual was identified. No associated 
funerary objects are present. Archeological evidence indicates the 
Dutchess Quarry Cave 1 site was visited intermittently from the late 
Paleo-Indian to Late Pre-contact periods.
    In 1934 and 1940, human remains representing, at minimum, three 
individuals were removed from the O'Rourke site in Moodna, Orange 
County, NY, during excavations conducted by the Bear Mountain Trailside 
Historical Museum following their disturbance by construction. In 2007, 
the NYS Office of Parks, Recreation, and Historic Preservation 
transferred these human remains to the NYSM. The fragmentary remains 
belong to an adult female, a child 7-11 years old, and a child 6-11 
years old. No known individuals were identified. The two associated 
funerary objects are one chert flake and one deer bone. Archeological 
evidence indicates long-term use of the O'Rourke site. These burials 
are associated with its main occupation, during the Late Woodland 
period.
    In 1909, human remains representing, at minimum, 25 individuals 
were removed from the Van Etten site near Port Jervis, Orange County, 
NY, during excavations by Mr. Everett R. Burmaster on behalf of the 
NYSM. The fragmentary human remains represent three children 2-to-8 
years old, one juvenile, seven adult females or possible females, 10 
adult males or possible males, and four adults of unknown age and sex. 
No known individuals were identified. The 639 associated funerary 
objects are 581 glass beads, 44 brass buttons, seven Jesuit rings, one 
brass finger ring with a glass setting, one kaolin pipe, one leather 
pouch fragment, two small textile fragments, and two small fragments of 
wood.
    In 1962, human remains representing, at minimum, one individual 
were removed from Horn Road also known as the Van Etten site near Port 
Jervis, Orange County, NY, by Mr. Lyman Vandermark following an 
accidental disturbance. In 2022, they were transferred to the NYSM by 
Mr. Douglas Wahl, who had acquired them as part of a larger collection. 
The human remains consist of a mandible fragment belonging to an adult 
male 40-50 years old. No known individual was identified. The 12 
associated funerary objects are one pewter button, one lead musket 
ball, three gunflints, four iron nail fragments, fragments of one 
turtle shell rattle, and two tubular glass beads. Archeological 
evidence indicates the burials from the Van Etten site date to the 
first half of the 18th century, when the area was known to be the 
traditional territory of the Munsee or Lenape.
    Between 1968 and 1970, human remains representing, at minimum, one 
individual were removed from the Ten Mile River Rockshelter in Tusten, 
Sullivan County, NY, during excavations conducted by the Orange County 
Chapter of the New York State Archaeological Association and assisted 
by Dr. Robert E. Funk of the NYSM. No burials were identified during 
excavation. These human remains were found among animal bones collected 
from the surface of the site and their context may have been the result 
of disturbances caused by earlier collectors. The human remains consist 
of cranial fragments belonging to an adult of unknown sex. No known 
individual was identified. No associated funerary objects are present. 
While the original context of the human remains is uncertain, 
archeological evidence indicates the Ten Mile River Rockshelter was 
used from the Late Archaic to early Contact periods.
    In 1968 and 1969, human remains representing, at minimum, four 
individuals were removed from the Simpson 2 site, Ulster County, NY, 
during excavations conducted by avocational archeologists Mr. Seward 
Osborne and Mr. James Burggraf. In 2014, Dr. Joseph Diamond of the 
State University of New York at New Paltz transferred these human 
remains to the NYSM. The fragmentary postcranial remains belong to one 
male 40-50 years old, one possible older female, one adult of unknown 
sex, and one child 4-5 years old. No known individuals were identified. 
No associated funerary objects are present. Archeological evidence 
indicates repeated use of the Simpson 2 site from the Late Archaic to 
early Contact periods with the main occupation associated with the 
later periods.
    In 1937, human remains representing, at minimum, one individual 
were removed from the Stone Ridge site, also known as Guido site in 
Marbletown, Ulster County, NY, by Mr. Harold Fuller following an 
accidental disturbance. Mr. Fuller donated these human remains to the 
NYSM that same year. The human remains represent a male 35-45 years 
old. No known individual was identified. The one associated funerary 
object is a stone celt.
    Between 1975 and 1985, human remains representing, at minimum, one 
individual were removed from the Guido site, also known as the Stone 
Ridge site in Marbletown, Ulster County, NY, during excavations 
conducted by avocational archeologists Mr. George Van Sickle and Mr. 
James Burggraf. Subsequently, Dr. Joseph Diamond of the State 
University of New York at New Paltz transferred these human remains to 
the NYSM. The fragmentary human remains belong to

[[Page 75651]]

an individual of unknown age and sex. No known individual was 
identified. The 12 associated funerary objects are one fragment of 
animal bone, four small pottery sherds, three chert flakes, and four 
pieces of chert shatter. Archeological evidence indicates the Stone 
Ridge/Guido site was occupied repeatedly, beginning in the Late Archaic 
period, with a primary occupation during the Late Woodland through 
early Contact periods.
    Between 1971 and 1974, human remains representing, at minimum, 10 
individuals were removed from the Grapes site near Marbletown, Ulster 
County, NY, during excavations conducted by avocational archeologists 
Mr. George Van Sickle and Mr. James Burggraf. In 2002, Dr. Joseph 
Diamond of the State University of New York transferred these human 
remains to the NYSM . The human remains belong to a child about 2 years 
old, a young adult 16-20 years old, five adult males 20-45 years old, 
an adult female 35-45 years old, and two adults of unknown age and sex. 
No known individuals were identified. The 701 associated funerary 
objects are 73 chert flakes, 23 pieces of chert shatter, one possible 
biface, 77 pottery sherds, eight bear claws, 25 fragments of shell, 482 
fragments of animal bone, seven charcoal samples, and five soil 
samples. Archeological evidence indicates the Grapes site dates to the 
early Contact period, ca. A.D. 1580-1620.
    Between 1957 and 1972, human remains representing, at minimum, 28 
individuals were removed from the Hurley site in Hurley, Ulster County, 
NY, during excavations conducted by avocational archeologist Mr. James 
Burggraf. In 1994 these human remains were donated to the NYSM as part 
of a larger collection. The fragmentary, incomplete remains belong to 
three children, eight adult males, 15 adult females, and two adults of 
unknown sex. No known individuals were identified. The 1,295 associated 
funerary objects are 30 projectile points and fragments, 219 pottery 
sherds, one pottery vessel, 745 animal bone fragments, 35 stone bifaces 
and fragments, eight stone biface blanks, five stone end scrapers, 138 
stone flakes, one stone core, one stone pestle, one stone muller, 11 
hammerstones and pitted stones, one stone celt, 27 unmodified stones, 
eight fire-cracked rocks, four botanical samples, 16 charcoal samples, 
31 shell fragments, seven soil samples, one fossil, two fragments of 
yellow ocher, one brick fragment, one kaolin pipe fragment, and one 
leather fragment. Archeological evidence indicates the Hurley site was 
occupied repeatedly from the Late Archaic to Late Woodland periods with 
a primary occupation during the Late Woodland period.

Cultural Affiliation

    The human remains and associated funerary objects 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 information and geographical information.

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 human remains described in this notice represent the 
physical remains of 80 individuals of Native American ancestry.
     The 2,668 objects described in this notice 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.
     There is a relationship of shared group identity that can 
be reasonably traced between the human remains and associated funerary 
objects described in this notice and the Stockbridge Munsee Community, 
Wisconsin.

Requests for Repatriation

    Written requests for repatriation of the human remains and 
associated funerary objects in this notice must be sent to the 
Responsible Official identified in ADDRESSES. Requests for repatriation 
may be submitted by:
    1. Any one or more of the Indian Tribes or Native Hawaiian 
organizations identified in this notice.
    2. 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 human remains and associated funerary objects 
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 human remains and associated 
funerary objects 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 10.9, 10.10, 
and 10.14.

    Dated: November 30, 2022.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022-26790 Filed 12-8-22; 8:45 am]
BILLING CODE 4312-52-P