[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75659-75662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26803]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0034982; 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 (NYSM) 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 Albany, Greene, 
Rensselaer, Saratoga, Schenectady, Warren, and Washington Counties, NY, 
and Rutland County, VT.

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 1982, human remains representing, at minimum, four individuals 
were removed from the Abele site in Menands, Albany County, NY, during 
excavations conducted by the University at Albany, State University of 
New York. The human remains were transferred to the NYSM in 2004. The 
human remains belong to one possible male over the age of 50, two 
adults of unknown sex (represented by partial hand bones), and one 
infant (represented by fragmentary vertebrae). No known individuals 
were identified. No associated funerary objects are present. Based on 
their archeological context, the human remains may date to the Middle 
Woodland period or later.
    In 1959, human remains representing, at minimum, one individual 
were removed from the Barren Island site in Albany County, NY, during 
excavations conducted by avocational archeologists Mr. R. Arthur 
Johnson and Mr. E.B. Christman. The human remains were donated to the 
NYSM in the same year. The human remains belong to one, probably male, 
adult. No known individual was identified. No associated funerary 
objects are present. Based on their archeological context, the human 
remains have been associated with the Middle Woodland period.
    In the 1960s, human remains representing, at minimum, seven 
individuals were removed from the Dennis site in Menands, Albany 
County, NY, during salvage excavations conducted by Mr. R. Arthur 
Johnson and others after the site was disturbed by mining activity. The 
human remains were donated to the NYSM in the 1960s and 2000. The 
fragmentary remains belong to one male 35-50 years old, one female 15-
17 years old, two young adults of unknown sex, one adult who is 
probably female, and two adults of unknown sex. No known individuals

[[Page 75660]]

were identified. No associated funerary objects are present. 
Archeological evidence indicates the Dennis site was occupied 
intermittently from the Late Archaic through Late Woodland periods; 
these human remains are thought to date to the later occupation.
    In 1962, human remains representing, at minimum, two individuals 
were removed from the Fish Club Cave site in Coeymans, Albany County, 
NY, during excavations conducted by Dr. Robert E. Funk of the NYSM and 
avocational archeologist Mr. R. Arthur Johnson. No burials were 
identified during the excavation. The human remains were subsequently 
identified during an examination of the animal bones recovered from 
refuse deposits. They belong to one possible adult female (represented 
by cranial fragments and a tooth) and one adult of unknown sex. No 
known individuals were identified. No associated funerary objects are 
present. Archeological evidence indicates the Fish Club Cave site was 
occupied intermittently from the Late Archaic to late Middle Woodland 
period; the human remains are believed to date to the later period of 
occupation.
    In 1967, human remains representing, at minimum, one individual 
were removed during construction on the South Mall or Empire State 
Plaza in Albany County, NY, and transferred by the Albany County 
Coroner to the NYSM. They belong to a female 25-35 years old 
(represented by the skull and a tibia). No known individual was 
identified. No associated funerary objects are present. No information 
on the archeological context of these human remains is available.
    In 1973, human remains representing, at minimum, four individuals 
were removed from the vicinity of Selkirk in Albany County, NY, during 
construction of a water filtration plant. The human remains were 
probably transferred to the NYSM by local law enforcement. They include 
the commingled cranial remains of one female and two males 30-50 years 
old, and one adult of unknown sex. No known individuals were 
identified. No associated funerary objects are present. The human 
remains have been dated to the Late Woodland period.
    Between 1933 and 1938, human remains representing, at minimum, two 
individuals were removed from the Van Schaick's Island site in Albany 
County, NY, by avocational archeologist Mr. Homer Folger after they 
were found eroding from the riverbank. In 2012, Folger's family donated 
these human remains to the NYSM. They include the extremely fragmentary 
and commingled remains of a male 35-55 years old and an individual of 
unknown age and sex. No known individuals were identified. The 38 
associated funerary objects are 20 dark blue faceted glass beads, 14 
white glass seed beads, one fragment of turtle shell, and three chert 
flakes. Based on the glass beads in the collection, the human remains 
date to ca A.D. 1725-1750.
    In 1935, human remains representing, at minimum, two individuals 
were removed from the Black Rock site in Greene County, NY, during 
excavations conducted by Mr. Noah T. Clarke of the NYSM. The human 
remains belong to a female over the age of 60 years and a male 40-44 
years old. No known individuals were identified. The two associated 
funerary objects are one dog skeleton and one bone awl.
    In 1964, human remains representing, at minimum, two individuals 
were removed from the Black Rock site in Greene County, NY, during 
excavations conducted by Dr. Robert E. Funk of the NYSM. The human 
remains belong to two adults of unknown sex. No known individuals were 
identified. No funerary objects are present. Archeological evidence 
from the Black Rock site indicates the human remains and associated 
funerary objects date to the late Middle Woodland period, ca. A.D. 850.
    In 1931, human remains representing, at minimum, one individual 
were removed from the Lefurgy site in Greene County, NY, by Mr. Noah T. 
Clarke of the NYSM after they were accidentally disturbed. The human 
remains belong to a possible male 35-45 years old. No known individual 
was identified. The 11 associated funerary objects are one ground wolf 
mandible and maxilla, one chert projectile point, one chert flake, and 
eight animal bone fragments. The artifacts suggest the burial dates 
sometime between the Late Archaic and Middle Woodland periods.
    In 1963 and 1964, human remains representing, at minimum, 32 
individuals were removed from the Tufano site in Greene County, NY, 
during excavations conducted by Dr. Robert E. Funk of the NYSM. The 
fragmentary human remains belong to two infants, eight children 7-15 
years old, eight females 17-50 years old, nine males 24-60 years old, 
and five adults of unknown sex. No known individuals were identified. 
The 217 associated funerary objects are one two-holed gorget, one 
rubbing stone, three box turtle carapace fragments, one pottery elbow 
pipe, 24 pottery sherds, 13 projectile points, one projectile point 
base, two drills, 22 bifaces, one flake knife, 117 flakes, two 
hammerstones, one pitted stone, 11 unmodified stones, one redware 
fragment, one rough stone tool, one bone fishhook, five samples of 
animal bone, two shell samples, three soil samples, three charcoal 
samples, and one red ocher sample. Archeological evidence indicates the 
Tufano site dates to the late Middle Woodland period, ca A.D. 700.
    Between 1955 and 1957, human remains representing, at minimum, six 
individuals were removed from the Van Orden site in Greene County, NY, 
during excavations conducted by Dr. William A. Ritchie of the NYSM and 
avocational archeologist Mr. Carl S. Sundler after the site was 
disturbed by construction. In 1974, items from the site that had been 
retained by Mr. Sundler were donated to the NYSM as part of a larger 
collection. The extremely fragmentary human remains belong to one 
possible adult female, four adults of unknown sex, and one individual 
of unknown age and sex. No known individuals were identified. The 161 
associated funerary objects are 46 rolled copper beads, 11 projectile 
points, two preforms, six chert tools, 88 chert flakes, two pottery 
sherds, one steatite sherd, two charcoal samples, and three turtle 
shell fragments. Archeological evidence indicates the Van Orden site 
dates to the Early to Middle Woodland period.
    In 1959, human remains representing, at minimum, one individual 
were removed from the Burden Estate in Troy, Rensselaer County, NY, and 
transferred by law enforcement to the NYSM. The human remains represent 
a female 40-50 years old. No known individual was identified. No 
associated funerary objects are present.
    In 1962, human remains representing, at minimum, one individual 
were removed from an unknown location on Third Avenue Extension in East 
Greenbush, Rensselaer County, NY, and transferred by law enforcement to 
the NYSM. The human remains--a fragmentary skull--belong to an adult 
female. No known individual was identified. No associated funerary 
objects are present.
    In 1973, human remains representing, at minimum, one individual 
were removed from the Town of Schodack in Rensselaer County, NY, during 
highway construction. In 1996, they were transferred by the New York 
State Police to the NYSM after being identified as Native American by 
Dr. William R. Maples of the C.A. Pound Human Identification Laboratory 
at the Florida Museum of Natural History. The human remains--a 
fragmentary skull and humerus--belong to a male 40-50 years old. No 
known individual was identified. No associated funerary objects are 
present.

[[Page 75661]]

    In 1978, human remains representing, at minimum, three individuals 
were removed from property owned by the General Electric Company in 
Waterford, Saratoga County, NY, after they were discovered during 
construction. They were transferred to the NYSM that same year. The 
fragmentary, commingled human remains belong to one female 55-70 years 
old, one possible female 25-35 years old, and one child 10-16 years 
old. No known individuals were identified. The 18 associated funerary 
objects are 14 chert flakes, two deer bone fragments, one sturgeon 
bone, and one charcoal sample. Archeological evidence suggests the 
human remains date to the Late Woodland period.
    In 1954, human remains representing, at minimum, one individual 
were removed from the Winney's Rift site, also known as Lewandowski, on 
Fish Creek, in Saratoga County, NY, during excavations conducted by Dr. 
William A. Ritchie of the NYSM. The human remains--a molar tooth--
belong to a young adult of unknown sex. No known individual was 
identified. No associated funerary objects are present.
    Sometime prior to 1968, human remains representing, at minimum, one 
individual were removed from the Lewandowski site, also known as 
Winney's Rift, in Saratoga County, NY, during excavations conducted by 
avocational archeologist Mr. Louis Follett. In 1968, Follett donated 
these human remains to the NYSM. The human remains belong to a male 25-
30 years old. No known individual was identified. No associated 
funerary objects are present.
    Sometime prior to 1976, human remains representing, at minimum, two 
individuals were removed from the vicinity of Fish Creek, possibly the 
Lewandowski site, also known as Winney's Rift, in Saratoga County, NY, 
by avocational archeologist Mr. Joseph Furey. In 1976, Furey donated 
these human remains to the NYSM. The fragmentary human remains belong 
to a female 25-35 years old and an infant. No known individuals were 
identified. No associated funerary objects are present.
    Sometime prior to the 1970s, human remains representing, at 
minimum, one individual were removed from the vicinity of Fish Creek in 
Saratoga County, NY, by avocational archeologist Mr. William Rice. In 
2006, Rice's family donated his collection, including these human 
remains, to the NYSM. Although no documentation accompanied the 
collection, Rice is known to have conducted excavations at the 
Lewandowski site, also known as Winney's Rift, on Fish Creek in 1968 
and 1969. The human remains--a skull--belong to a male 40-50 years old. 
No known individual was identified. No associated funerary objects are 
present. Archeological evidence indicates long-term use of the 
Lewandowski/Winney's Rift site, with increasingly intensive occupation 
through the Late Woodland period.
    In 1954, human remains representing, at minimum, three individuals 
were removed from the Campbell Ave site in Rotterdam, Schenectady 
County, NY, by Schenectady Museum staff after being discovered during 
sand and gravel mining activity. In 1974, the items removed from the 
site were transferred to the NYSM. The fragmentary, commingled human 
remains belong to one female 50-60 years old, one possible female 25-35 
years old, and one infant. No known individuals were identified. The 34 
associated funerary objects are one Levanna-type projectile point and 
33 animal bone fragments. Artifacts recovered from the site suggest the 
human remains date to the Late Woodland period.
    In 1926, human remains representing, at minimum, one individual 
were removed from the Dunham's Bay site in Lake George, Warren County, 
NY, during excavations conducted by Mr. Noah T. Clarke of the NYSM. The 
human remains--three maxillary teeth--belong to a child 9-10 years old. 
The 12 associated funerary objects are five rolled copper beads, six 
olivella and columella shell beads, and one charcoal sample. 
Archeological evidence suggests the human remains date to the Early 
Woodland period.
    In 1965, human remains representing, at minimum, five individuals 
were removed from the Barton site in Easton, Washington County, NY, 
during salvage excavations conducted by Dr. Robert E. Funk and Dr. 
William A. Ritchie of the NYSM after being discovered during 
construction activity. The fragmentary human remains belong to one 
child, three possible adult males, and one adult of unknown sex. No 
known individuals were identified. The 127 associated funerary objects 
are 53 copper beads, 46 columella shell beads, four projectile points, 
12 chipped stone tools, two stone flakes, one animal bone fragment, one 
antler fragment, five galena nodules, two charcoal samples, and one 
soil sample. Archeological evidence suggests the human remains date to 
the Early Woodland period.
    In 1977, human remains representing, at minimum, seven individuals 
were removed from the Otter Creek 2 site in Rutland County, VT, during 
excavations conducted by Mr. Richard T. Passino. In 1978, Passino 
donated the items recovered from the site to the NYSM. The fragmentary, 
commingled human remains belong to four children and three males 25-45 
years old. No known individuals were identified. The one associated 
funerary object is a dog skeleton. Archeological evidence suggests the 
Otter Creek 2 site dates to the Late Archaic period; the human remains 
may be associated with a later occupation.

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, 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 human remains described in this notice represent the 
physical remains of 91 individuals of Native American ancestry.
     The 621 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.

[[Page 75662]]

    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. 2022-26803 Filed 12-8-22; 8:45 am]
BILLING CODE 4312-52-P