2023-08059. Notice of Intent To Repatriate Cultural Items Amendment: New York State Museum, Albany, NY

AGENCY:

National Park Service, Interior.

ACTION:

Notice; amendment.

SUMMARY:

In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the New York State Museum has amended a Notice of Intent to Repatriate published in the Federal Register on December 9, 2022. This notice amends the number of unassociated funerary objects and the cultural affiliation in a collection removed from Orange and Ulster Counties, NY.

DATES:

Repatriation of the cultural items in this notice may occur on or after May 17, 2023.

ADDRESSES:

Lisa Anderson, New York State Museum, 3049 Cultural Education Center, Albany, NY 12230, telephone [phone], email [e-mail].

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 New York State Museum. The National Park Service is not responsible for the determinations in this notice. Additional information on the amendments and determinations in this notice, including the results of consultation, can be found in the summary or related records held by the New York State Museum.

Amendment

This notice amends the determinations published in a Notice of Intent to Repatriate in the Federal Register (87 FR 75651–75652, December 9, 2022). Repatriation of the items in the original Notice of Intent to Repatriate has not occurred. This notice amends the determination of cultural affiliation.

Determinations (as Amended)

Pursuant to NAGPRA and its implementing regulations, and after consultation with the appropriate Indian Tribes and Native Hawaiian organizations, the New York State Museum has determined that:

• The four cultural items 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 and are believed, by a preponderance of the evidence, to have been removed from a specific burial site of a Native American individual.
• There is a relationship of shared group identity that can be reasonably traced between the cultural items and the Delaware Nation, Oklahoma; Delaware Tribe of Indians; and the Stockbridge Munsee Community, Wisconsin.

Requests for Repatriation

Additional, written requests for repatriation of the cultural items in this notice must be sent to the Responsible Official identified in ADDRESSES . Requests for repatriation may be submitted by 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.

Repatriation of the cultural items in this notice to a requestor may occur on or after May 17, 2023. If competing requests for repatriation are received, the New York State Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The New York State Museum is responsible for sending a copy of this notice to the Indian Tribes identified in this notice.

Authority: Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.8, 10.10, 10.13, and 10.14.

Dated: April 6, 2023.

Melanie O'Brien,

Manager, National NAGPRA Program.