FR Doc E9-2118[Federal Register: February 2, 2009 (Volume 74, Number 20)]
[Notices]               
[Page 5857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe09-57]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Inventory Completion: Binghamton University, State 
University of New York, Binghamton, NY

AGENCY: National Park Service, Interior.

ACTION: Notice.
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    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 and associated funerary 
objects in the possession of Binghamton University, State University of 
New York, Binghamton, NY. The human remains and associated funerary 
objects were removed from the Susquehanna Valley, Delaware County, NY.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). 
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 and associated funerary objects. The National 
Park Service is not responsible for the determinations in this notice.
    A detailed assessment of the human remains was made by Binghamton 
University, State University of New York professional staff in 
consultation with representatives of the Delaware Nation, Oklahoma; 
Oneida Nation of New York; Oneida Tribe of Indians of Wisconsin; Saint 
Regis Mohawk Tribe, New York (formerly the St. Regis Band of Mohawk 
Indians of New York); and Mohawk Nation Council of Chiefs, a non-
Federally recognized Indian group.
    In 1974, human remains representing a minimum of two individuals 
were removed from the vicinity of the Sidney Airport site (SUBi-094) in 
Delaware County, NY. The human remains were uncovered during 
construction of the Interstate-88 highway. An individual, named Robert 
Dann (possibly a construction worker), gave the human remains to 
archeologists who were working nearby at the Sidney Airport site. No 
known individuals were identified. The 50 associated funerary objects 
are 45 pottery sherds (FS 377-01), 3 hammerstones (FS 377-03), 1 pitted 
stone (FS 377-04), and 1 worked stone (FS 377-08).
    The artifacts are determined to be associated funerary objects 
based on museum records. A note in the files of the Public Archaeology 
Facility states that these artifacts were from the burial pit, 
supporting a determination that the human remains are Native American. 
The pottery is culturally unidentifiable, although classified as Owasco 
Herringbone, Kelso Corded, Castle Creek Incised, Castle Creek Beaded, 
and Oak Hill Corded (A.D. 1100-1450). Based on the pottery, the 
officials of Binghamton University cannot demonstrate that the people 
represented in this collection had a shared cultural identity with the 
Mohawk or any other present-day Indian Tribe. However, there is 
probably a general relationship to early regional groups, some of whom 
later became known as the Haudenosaunee Confederacy, a non-Federally 
recognized Indian group.
    Officials of Binghamton University have determined that, pursuant 
to 25 U.S.C. 3001 (9-10), the human remains described above represent 
the physical remains of two individuals of Native American ancestry. 
Officials of Binghamton University also have determined that, pursuant 
to 25 U.S.C. 3001 (3)(A), the 50 objects 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. 
Lastly, officials of Binghamton University have determined that, 
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 associated funerary objects and any present-day Indian Tribe.
    The Native American Graves Protection and Repatriation Review 
Committee (Review Committee) is responsible for recommending specific 
actions for disposition of culturally unidentifiable human remains. On 
August 3, 2007, the Mohawk Nation Council of Chiefs and Saint Regis 
Mohawk Tribe submitted a request to Binghamton University for 
disposition of the culturally unidentifiable human remains and 
associated funerary objects from the Sidney Airport site. The Mohawk 
Nation Council of Chiefs and Saint Regis Mohawk Tribe have stated that 
they have a responsibility for caring for the human remains of any 
Native American ancestors buried within their historical aboriginal 
territory. On September 19, 2007, Binghamton University petitioned the 
Review Committee concerning the Mohawk's request for disposition of the 
individuals and associated funerary objects determined to be 
"culturally unidentifiable." Included in the petition were letters of 
concurrence from the Delaware Nation, Oklahoma; Oneida Nation of New 
York; and Oneida Tribe of Indians of Wisconsin.
    The Review Committee considered the request at its October 15-16, 
2007 meeting and recommended disposition of the human remains and 
associated funerary objects to the St. Regis Mohawk Tribe, New York, as 
the aboriginal occupant of the area encompassing the Sidney Airport 
site. A November 28, 2007 letter on behalf of the Secretary of the 
Interior from the Designated Federal Official, transmitted the 
authorization for the university to effect disposition of the 
culturally unidentifiable individuals to the St. Regis Mohawk Tribe, 
New York contingent on the publication of a Notice of Inventory 
Completion in the Federal Register. This notice fulfills that 
requirement.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains and/or associated 
funerary objects should contact Nina M. Versaggi, Public Archaeology 
Facility, Binghamton University, Binghamton, NY 13902-6000, telephone 
(607) 777-4786, before March 4, 2009. Repatriation of the human remains 
and/or associated funerary objects to the Saint Regis Mohawk Tribe, New 
York, on behalf of themselves and the Mohawk Nation Council of Chiefs, 
a non-Federally recognized Indian group, may proceed after that date if 
no additional claimants come forward.
    Binghamton University is responsible for notifying the Delaware 
Nation, Oklahoma; Oneida Nation of New York; Oneida Tribe of Indians of 
Wisconsin; Saint Regis Mohawk Tribe, New York; and Mohawk Nation 
Council of Chiefs, a non-Federally recognized Indian group that this 
notice has been published.

    Dated: December 18, 2008
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-2118 Filed 1-30-09; 8:45 am]

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