81 FR 4645 - Notice of Intent To Repatriate a Cultural Item: Binghamton University, State University of New York, Binghamton, NY
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 81, Issue 17 (January 27, 2016)
National Park Service
Federal Register Volume 81, Issue 17 (January 27, 2016)
| Page Range | 4645-4646 | |
| FR Document | 2016-01591 |
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)] [Notices] [Pages 4645-4646] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01591] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-20039; PPWOCRADN0-PCU00RP14.R50000] Notice of Intent To Repatriate a Cultural Item: Binghamton University, State University of New York, Binghamton, NY AGENCY: National Park Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Binghamton University, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, has determined that the cultural item listed in this notice meets the definition of a sacred object. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to Binghamton University. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed. DATES: Representatives of any Indian tribe that believes it has a cultural affiliation with the cultural item should contact Binghamton University at the address below by February 26, 2016. ADDRESSES: Nina M. Versaggi, Public Archaeology Facility, Binghamton University, Binghamton, NY 13902-6000, telephone (607) 777-4786. SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent to repatriate a cultural item in the possession of Binghamton University that meets the definition of sacred object under 25 U.S.C. 3001. 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 cultural item. The National Park Service is not responsible for the determinations in this notice. History and Description of the Cultural Item(s) During the middle to late 1960s, the Anthropology Department at Binghamton University acquired a False Face mask made by an artist from the Six Nations, in Ontario, Canada. A typed index card accompanying the [[Page 4646]] mask reads: ``Broken Nose, Seneca Nation, Snapping Turtle Clan, Six Nations Reservation--Ontario.'' The mask is carved wood with a black face with a red mouth, with a hole on one side (right side, facing out), and a pointed chin. The mask face has holes in the nose and metal eye inlays surrounding center eyeholes. The face is framed with yellow hair, and there are carved lines on the face. On March 11, 2003, Binghamton University hosted a consultation meeting for federally recognized tribes to review NAGPRA summaries as part of the process of determining cultural affiliation. A group of traditional representatives from the Cayuga Nation; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York); and the Tuscarora Nation, met privately after the open consultation. In January of 2013, letters were sent to Seneca representatives asking for comments or claims on the mask. On September 22, 2015, Scott Abrams, Acting Director of the Seneca Nation of Indians Tribal Historic Preservation Officer contacted Binghamton University and formally requested repatriation of the Seneca mask. Binghamton University asked other Seneca representatives if they agreed. No comments were received. Determinations Made by Binghamton University Officials of Binghamton University have determined that:Pursuant to 25 U.S.C. 3001(3)(C), the one cultural item described above is a specific ceremonial object needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents. Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the sacred object and the Seneca Nation. Additional Requestors and Disposition Representatives of any other Indian tribe that believes itself to be culturally affiliated with the sacred object should contact Nina M. Versaggi, Public Archaeology Facility, Binghamton University, Binghamton, NY 13902-6000, telephone (607) 777-4786, before February 26, 2016. Repatriation of the sacred object to the Seneca Nation of Indians (previously listed as the Seneca Nation of New York) Tribal Historic Preservation Office may proceed after that date if no additional claimants come forward. Binghamton University is responsible for notifying the Cayuga Nation; Delaware Nation, Oklahoma; Delaware Tribe of Indians; Oneida Nation of New York; Oneida Tribe of Indians of Wisconsin; Onondaga Nation; Saint Regis Mohawk Tribe (previously listed as the St. Regis Band of Mohawk Indians of New York); Seneca Nation of Indians (previously listed as the Seneca Nation of New York); Seneca-Cayuga Tribe of Oklahoma; Stockbridge Munsee Community, Wisconsin; Tonawanda Band of Seneca (previously listed as the Tonawanda Band of Seneca Indians of New York); and Tuscarora Nation that this notice has been published. Dated: December 28, 2015. Melanie O'Brien, Manager, National NAGPRA Program. [FR Doc. 2016-01591 Filed 1-26-16; 8:45 am] BILLING CODE 4312-50-P
![Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices 4645
Americans, so this request is beyond its about consultation with ANCs to the DEPARTMENT OF THE INTERIOR
scope. authorities exhibit. We have included
the requirement to consult with ANCs National Park Service
Exhibit 3. Authorities
in sections 1 and 3 of the policy. In [NPS–WASO–NAGPRA–20039;
1. Many commenters asked that we addition, the Alaska Region (Region 7) PPWOCRADN0–PCU00RP14.R50000]
list each treaty in which the United is in the process of drafting an Alaska-
States and tribes have recognized Notice of Intent To Repatriate a
specific policy. Also in response to
reserved rights to natural resources. Cultural Item: Binghamton University,
these comments, we have added a
Some commenters noted that we State University of New York,
mention treaties quite a bit, without definition of Alaska Native Corporation
to the definitions exhibit. Binghamton, NY
recognizing that many tribes do not
have treaties. Some commenters asked 2. Commenters from Alaska voiced AGENCY: National Park Service, Interior.
that we include particular statutes concern that because the term ‘‘inter- ACTION: Notice.
through which Congress has stated the tribal organization’’ is undefined, this
United States’ legal relationship with provision might be interpreted as a limit SUMMARY: Binghamton University, in
tribes. Response: We are unable to add on the agency’s ability to consult with consultation with the appropriate
references to all the treaties and statutes any group that is not a tribe or Indian tribes or Native Hawaiian
that refer to individual tribes. They are authorized by a tribe to consult on its organizations, has determined that the
too numerous to list in this document. behalf. Response: We have broadened cultural item listed in this notice meets
Many tribes have several treaties or the scope of ‘‘Alaska Native the definition of a sacred object. Lineal
statutes, or both, with some overturning Organization (ANO)’’ to include a broad descendants or representatives of any
or modifying earlier citations. Indian tribe or Native Hawaiian
array of organizations that represent
Individual treaties and statutes are more organization not identified in this notice
Alaska Natives, including, but not
appropriately addressed through that wish to claim these cultural items
training at the local level. limited to, ANOs under the Marine
should submit a written request to
2. Several commenters recommended Mammal Protection Act.
Binghamton University. If no additional
we include the Fish and Wildlife 3. Commenters asked that the training claimants come forward, transfer of
Coordination Act (16 U.S.C. 661 et seq.) and professional development control of the cultural items to the lineal
to the authorities section. Response: We opportunities anticipated by the Service descendants, Indian tribes, or Native
have added the Fish and Wildlife for tribal governments should be Hawaiian organizations stated in this
Coordination Act. extended to ANCs. Some stated that notice may proceed.
3. The authorities section should ANCs are valuable sources of traditional DATES: Representatives of any Indian
include the Memorandum of knowledge, have significant interests in tribe that believes it has a cultural
Understanding (MOU) among the U.S. receiving technical information, and affiliation with the cultural item should
Department of Defense, U.S. Department asked that these policy provisions be contact Binghamton University at the
of the Interior, U.S. Department of
expanded to include them. Response: address below by February 26, 2016.
Agriculture, U.S. Department of Energy,
We will consult with ANCs on the same ADDRESSES: Nina M. Versaggi, Public
and the Advisory Council on Historic
Preservation Regarding Interagency basis as we consult with tribes, and we Archaeology Facility, Binghamton
Coordination and Collaboration for the will also work with ANCs in all areas University, Binghamton, NY 13902–
Protection of Indian Sacred Sites, permissible by law. 6000, telephone (607) 777–4786.
December 6, 2012. Response: We have 4. Some commenters believe that SUPPLEMENTARY INFORMATION: Notice is
added this MOU to the exhibit. under ISDEAA, ANCs have the same here given in accordance with the
status as tribes for the provision of many Native American Graves Protection and
Alaska-Specific Concerns Repatriation Act (NAGPRA), 25 U.S.C.
contract services. Response: ANCs are
1. We received several comments that entitled to contract under title I of the 3005, of the intent to repatriate a
focused on concerns specific to Alaska. ISDEAA. With respect to title IV self- cultural item in the possession of
Many commenters stated that while governance funding agreements, 25 Binghamton University that meets the
ANCs are not tribal governments and are definition of sacred object under 25
U.S.C. 458bb establishes that tribes are
not treated as sovereigns, the United U.S.C. 3001.
eligible to participate in the
States has a responsibility to consult This notice is published as part of the
Department’s Tribal Self-Governance
with ANCs on the same basis as Indian National Park Service’s administrative
tribes under Executive Order 13175. Program. The regulations for the
responsibilities under NAGPRA, 25
They recommended that we include the Program also allow consortia, defined as
U.S.C. 3003(d)(3). The determinations in
Consolidated Appropriations Act of ‘‘an organization of Indian tribes that is this notice are the sole responsibility of
2004 (Pub. L. 108–199) in the authorized by those tribes to participate the museum, institution, or Federal
authorities section. In addition, several in self-governance.’’ agency that has control of the Native
commenters noted that, while the Dated: January 20, 2016. American cultural item. The National
Service has stated that it will adopt an Daniel M. Ashe, Park Service is not responsible for the
Alaska regional policy, the national determinations in this notice.
Director, U.S. Fish and Wildlife Service.
policy must also address the Service’s
asabaliauskas on DSK5VPTVN1PROD with NOTICES
relationship with ANCs. Commenters [FR Doc. 2016–01615 Filed 1–26–16; 8:45 am] History and Description of the Cultural
pointed out that many national level BILLING CODE 4333–15–P Item(s)
proposals and plans have a substantial During the middle to late 1960s, the
and direct impact on ANCs and other Anthropology Department at
Alaska Native entities, so ANCs should Binghamton University acquired a False
be considered on the national level. Face mask made by an artist from the
Response: We have adopted these Six Nations, in Ontario, Canada. A
comments. We have added authorities typed index card accompanying the
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![4646 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices
mask reads: ‘‘Broken Nose, Seneca Preservation Office may proceed after DATES: Lineal descendants or
Nation, Snapping Turtle Clan, Six that date if no additional claimants representatives of any Indian tribe or
Nations Reservation—Ontario.’’ The come forward. Native Hawaiian organization not
mask is carved wood with a black face Binghamton University is responsible identified in this notice that wish to
with a red mouth, with a hole on one for notifying the Cayuga Nation; request transfer of control of these
side (right side, facing out), and a Delaware Nation, Oklahoma; Delaware human remains and associated funerary
pointed chin. The mask face has holes Tribe of Indians; Oneida Nation of New objects should submit a written request
in the nose and metal eye inlays York; Oneida Tribe of Indians of with information in support of the
surrounding center eyeholes. The face is Wisconsin; Onondaga Nation; Saint request to the California Department of
framed with yellow hair, and there are Regis Mohawk Tribe (previously listed Transportation at the address in this
carved lines on the face. as the St. Regis Band of Mohawk notice by February 26, 2016.
On March 11, 2003, Binghamton Indians of New York); Seneca Nation of ADDRESSES: Tina Biorn, California
University hosted a consultation Indians (previously listed as the Seneca Department of Transportation, P.O. Box
meeting for federally recognized tribes Nation of New York); Seneca-Cayuga 942874 MS 27, Sacramento, CA 94271–
to review NAGPRA summaries as part of Tribe of Oklahoma; Stockbridge Munsee 0001, telephone (916) 653–0013, email
the process of determining cultural Community, Wisconsin; Tonawanda tina.biorn@dot.ca.gov.
affiliation. A group of traditional Band of Seneca (previously listed as the
representatives from the Cayuga Nation; Tonawanda Band of Seneca Indians of SUPPLEMENTARY INFORMATION: Notice is
Saint Regis Mohawk Tribe (previously New York); and Tuscarora Nation that here given in accordance with the
listed as the St. Regis Band of Mohawk this notice has been published. Native American Graves Protection and
Indians of New York); Seneca Nation of Repatriation Act (NAGPRA), 25 U.S.C.
Dated: December 28, 2015. 3003, of the completion of an inventory
Indians (previously listed as the Seneca Melanie O’Brien,
Nation of New York); Tonawanda Band of human remains and associated
Manager, National NAGPRA Program. funerary objects in the physical custody
of Seneca (previously listed as the
Tonawanda Band of Seneca Indians of
[FR Doc. 2016–01591 Filed 1–26–16; 8:45 am] of the Fowler Museum at UCLA and
New York); and the Tuscarora Nation, BILLING CODE 4312–50–P under the control of the California
met privately after the open Department of Transportation. The
consultation. In January of 2013, letters human remains and associated funerary
DEPARTMENT OF THE INTERIOR objects were removed from Santa
were sent to Seneca representatives
asking for comments or claims on the Barbara and Ventura Counties, CA.
National Park Service This notice is published as part of the
mask. On September 22, 2015, Scott
Abrams, Acting Director of the Seneca [NPS–WASO–NAGPRA–20020; National Park Service’s administrative
PPWOCRADN0–PCU00RP14.R50000] responsibilities under NAGPRA, 25
Nation of Indians Tribal Historic
Preservation Officer contacted U.S.C. 3003(d)(3). The determinations in
Notice of Inventory Completion: Fowler this notice are the sole responsibility of
Binghamton University and formally Museum at the University of California
requested repatriation of the Seneca the museum, institution, or Federal
Los Angeles, Los Angeles, CA, and agency that has control of the Native
mask. Binghamton University asked California Department of
other Seneca representatives if they American human remains and
Transportation, Sacramento, CA associated funerary objects. The
agreed. No comments were received.
AGENCY: National Park Service, Interior. National Park Service is not responsible
Determinations Made by Binghamton ACTION: Notice. for the determinations in this notice.
University
SUMMARY: The Fowler Museum at the Consultation
Officials of Binghamton University
have determined that: University of California Los Angeles A detailed assessment of the human
• Pursuant to 25 U.S.C. 3001(3)(C), (UCLA) and the California Department remains was made by the Fowler
the one cultural item described above is of Transportation have completed an Museum at UCLA professional staff in
a specific ceremonial object needed by inventory of human remains and consultation with representatives of
traditional Native American religious associated funerary objects, in Santa Ynez Band of Chumash Mission
leaders for the practice of traditional consultation with the appropriate Indians of the Santa Ynez Reservation,
Native American religions by their Indian tribes or Native Hawaiian California, and the following
present-day adherents. organizations, and have determined that nonfederally recognized Indian groups:
• Pursuant to 25 U.S.C. 3001(2), there there is a cultural affiliation between the Barbareno Chumash Council;
is a relationship of shared group human remains and associated funerary Barbareno/Ventureno Band of Mission
identity that can be reasonably traced objects and present-day Indian tribes or Indians; Coastal Band of the Chumash
between the sacred object and the Native Hawaiian organizations. Lineal Nation; Fernandeño Tataviam Band of
Seneca Nation. descendants or representatives of any Mission Indians; Gabrielino/Tongva
Indian tribe or Native Hawaiian Indians of California Tribe; Gabrielino/
Additional Requestors and Disposition organization not identified in this notice Tongva Nation; Gabrieleno/Tongva
Representatives of any other Indian that wish to request transfer of control Tribal Council; Northern Chumash
tribe that believes itself to be culturally of these human remains and associated Tribe; San Gabriel Band of Mission
affiliated with the sacred object should funerary objects should submit a written
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Indians; Ti’at Society; and the
contact Nina M. Versaggi, Public request to the California Department of Traditional Council of Pimu.
Archaeology Facility, Binghamton Transportation. If no additional
University, Binghamton, NY 13902– requestors come forward, transfer of History and Description of the Human
6000, telephone (607) 777–4786, before control of the human remains and Remains and Associated Funerary
February 26, 2016. Repatriation of the associated funerary objects to the lineal Objects
sacred object to the Seneca Nation of descendants, Indian tribes, or Native In 1966 and 1967, human remains
Indians (previously listed as the Seneca Hawaiian organizations stated in this representing at minimum, 108
Nation of New York) Tribal Historic notice may proceed. individuals were removed from Xucu
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Document Created: 2018-02-02 12:40:16
Document Modified: 2018-02-02 12:40:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Representatives of any Indian tribe that believes it has a cultural affiliation with the cultural item should contact Binghamton | |
| FR Citation | 81 FR 4645 |
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