FR Doc E9-25964[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]               
[Page 55578-55579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc09-89]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Inventory Completion: New York University College of 
Dentistry, New York, 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 in the possession of the 
New York University College of Dentistry, New York, NY. The human 
remains were removed from an unknown location and from Kyle Mound, 
Muscogee County, GA.
    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. The National Park Service is not responsible 
for the determinations in this notice.
    A detailed assessment of the human remains was made by New York 
University College of Dentistry professional staff in consultation with 
representatives of the Alabama-Coushatta Tribes of Texas; Alabama-
Quassarte Tribal Town, Oklahoma; Kialegee Tribal Town, Oklahoma; 
Muscogee (Creek) Nation, Oklahoma; Poarch Band of Creek Indians of 
Alabama; and Thlopthlocco Tribal Town, Oklahoma.
    At an unknown date, human remains representing a minimum of one 
individual were removed from an unknown location. The human remains 
were acquired by Dr. Joseph Jones of Louisiana at an unknown date. In 
1906, the widow of Dr. Jones sold his collection to the Museum of the 
American Indian, Heye Foundation. In 1956, the Museum of the American 
Indian transferred the human remains to Dr. Theodore Kazamiroff, New 
York University College of Dentistry. No known individual was 
identified. No associated funerary objects are present.
    Museum records indicate that the human remains are from an unknown 
location and are those of a Creek individual. The attribution of a 
tribal affiliation of Creek in the museum records suggests that the 
remains may date to the Historic period. No information from the museum 
records, osteological assessment, or consultation conflicts with this 
interpretation. Tribal representatives of the Alabama-Coushatta Tribes 
of Texas; Alabama-Quassarte Tribal Town, Oklahoma; Kialegee Tribal 
Town, Oklahoma; Muscogee (Creek) Nation, Oklahoma; Poarch Band of Creek 
Indians of Alabama; and Thlopthlocco Tribal Town, Oklahoma, support the 
identification of the human remains as Creek.
    In the late 1800s or early 1900s, human remains representing a 
minimum of one individual were removed from Kyle Mound, Muscogee 
County, GA, by Friend W. Miller. In 1946, they were acquired by the 
Museum of the American Indian, Heye Foundation. In 1956, the Museum of 
the American Indian transferred the human remains to Dr. Theodore 
Kazamiroff, New York University College of Dentistry. No known 
individual was identified. No associated funerary objects are present.
    Archeological data, including pottery types and shell gorgets, 
indicate that Kyle Mound was a Late Mississippian mound. It was part of 
the Chattahoochee subtradition of the Lamar Complex and

[[Page 55579]]

likely dates to the late Rood or Bull Creek phase, circa A.D. 1200-
1475. A Protohistoric or Historic period cemetery surrounded the mound. 
The Lower Creek village of Kasihta was located next to the mound and 
cemetery. The village was first identified in historic records in 1732, 
but had already been in existence for some time. It was a major 
regional center until the residents were relocated from the village to 
Oklahoma in 1836.
    Tribal representatives identified the Lower Chattahoochee River as 
part of the ancestral territory of the Hitchiti-speaking Lower Creek 
people. A continuous occupation of Hitchiti speakers in the region from 
the Rood phase to the Historic period is suggested by archeological and 
historic records. Most Lower Creek voluntarily relocated or were 
forcibly removed to Oklahoma in the first half of the 19th century. The 
Upper Creek nations and nations who were part of the Creek Confederacy, 
such as the Alabama and Koasati, were also relocated to Oklahoma. 
Before their final removal to Oklahoma, some Alabama and Koasati 
established a community in Texas. Consultation evidence indicates that 
some members of the Federally-recognized nations descended from the 
Creek Confederacy trace their ancestry specifically to the village of 
Kasihta.
    Officials of New York University College of Dentistry 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 New York University College of 
Dentistry also have determined that, pursuant to 25 U.S.C. 3001 (2), 
there is a relationship of shared group identity that can be reasonably 
traced between the Native American human remains and the Alabama-
Coushatta Tribes of Texas; Alabama-Quassarte Tribal Town, Oklahoma; 
Kialegee Tribal Town, Oklahoma; Muscogee (Creek) Nation, Oklahoma; 
Poarch Band of Creek Indians of Alabama; and Thlopthlocco Tribal Town, 
Oklahoma.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains should contact Dr. 
Louis Terracio, New York University College of Dentistry, 345 East 24th 
St., New York, NY 10010, telephone (212) 998-9917, before November 27, 
2009. Repatriation of the human remains to the Alabama-Coushatta Tribes 
of Texas; Alabama-Quassarte Tribal Town, Oklahoma; Kialegee Tribal 
Town, Oklahoma; Muscogee (Creek) Nation, Oklahoma; Poarch Band of Creek 
Indians of Alabama; and Thlopthlocco Tribal Town, Oklahoma, may proceed 
after that date if no additional claimants come forward.
    The New York University College of Dentistry is responsible for 
notifying the Alabama-Coushatta Tribes of Texas; Alabama-Quassarte 
Tribal Town, Oklahoma; Kialegee Tribal Town, Oklahoma; Muscogee (Creek) 
Nation, Oklahoma; Poarch Band of Creek Indians of Alabama; and 
Thlopthlocco Tribal Town, Oklahoma, that this notice has been 
published.

    Dated: October 7, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-25964 Filed 10-27-09; 8:45 am]

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