FR Doc 2010-14039[Federal Register: June 11, 2010 (Volume 75, Number 112)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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 and control of the New York University
College of Dentistry, New York, NY. The human remains were removed from
the cemetery at Kienuka, Niagara 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. The National Park Service is not responsible
for the determinations in this notice.
A detailed assessment of the human remains was made by the New York
University College of Dentistry professional staff in consultation with
representatives of the Tuscarora Nation of New York.
In 1903, human remains representing a minimum of two individuals
were removed from the cemetery at Kienuka in Niagara County, NY, by
John MacKay. The remains were subsequently added to the collection of
William MacKay, John MacKay's brother. The Museum of the American
Indian, Heye Foundation, purchased William MacKay's collection in 1918.
In 1956, the Museum of the American Indian transferred the remains to
Dr. Theodore Kazamiroff, New York University College of Dentistry. No
known individuals were identified. No associated funerary objects are
Kienuka is located within the boundaries of the Tuscarora
Reservation, which was established in 1797. The removal occurred prior
to the Antiquities Act, and, therefore, the U.S. Department of the
Interior, Bureau of Indian Affairs, is not asserting control. Archival
and historical records suggest that the removal of the remains was not
authorized by the Tuscarora Nation and that a law enforcement official
from the Tuscarora Nation investigated the desecration of the cemetery
but was unable to arrest anyone.
Kienuka was a Neutral village of the early 17th century, and the
morphology of the remains is consistent with individuals of Native
American ancestry. The Neutral were a confederacy of Iroquoian speakers
who lived to the south and north of the eastern half of Lake Erie.
Their name was derived from the neutral position they occupied
geographically and sociopolitically between the Huron and Iroquois
Confederacies. Between 1647 and 1651, the Neutral coalition was
fractured and its people were decimated as a result of warfare with the
Iroquois nations. The Neutral ceased to be identified as a distinct
group by 1660.
In 1713, the Tuscarora migrated to New York from North Carolina.
The Tuscarora were adopted as the sixth nation of the Iroquois
Confederacy in 1722 and 1723. After the Revolutionary War, the
Tuscarora settled on the east side of the Niagara River. The Tuscarora
Nation received their land grant, which includes portions of Niagara
County, in 1797. Their reservation was subsequently expanded and
continues to include the site of Kienuka.
Officials of the New York University College of Dentistry have
determined that, pursuant to 25 U.S.C. 3001(9), the human remains
described above represent the physical remains of two individuals of
Native American ancestry. Officials of the New York University College
of Dentistry also 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 any present-day Indian
The Native American Graves Protection and Repatriation Review
Committee (Review Committee) is responsible for recommending specific
actions for disposition of culturally unidentifiable human remains. In
July 2009, the New York University College of Dentistry requested that
the Review Committee recommend disposition of the culturally
unidentifiable human remains of two individuals to the Tuscarora Nation
of New York. The Review Committee considered the proposal at its
October 30-31, 2009, meeting and recommended disposition of the human
remains to the Tuscarora Nation of New York.
A March 4, 2010, letter from the Designated Federal Official,
writing on behalf of the Secretary of the Interior, transmitted the
authorization for the College to effect disposition of the physical
remains to the Tuscarora Nation of 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 should contact Dr.
Louis Terracio, New York University College of Dentistry, 345 East 24th
St., New York, NY 10010, telephone (212) 998-9917, before July 12,
2010. Disposition of the human remains to the Tuscarora Nation of New
York may proceed after that date if no additional claimants come
The New York University College of Dentistry is responsible for
notifying the Tuscarora Nation of New York that this notice has been
Dated: May 27, 2010
Acting Manager, National NAGPRA Program.
[FR Doc. 2010-14039 Filed 6-10-10; 8:45 am]
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