[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60377-60380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21002]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-21728; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Tennessee Valley Authority, 
Knoxville, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Tennessee Valley Authority (TVA) has completed an 
inventory of human remains and associated funerary objects in 
consultation with the appropriate federally recognized Indian tribes, 
and has determined that a cultural affiliation between the human 
remains and associated funerary objects and any present-day federally 
recognized Indian tribes cannot be reasonably traced. Representatives 
of any federally recognized Indian tribe not identified in this notice 
that wish to request transfer of control of these human remains and 
associated funerary objects should submit a written request to TVA. If 
no additional requestors come forward, transfer of control of the human 
remains and associated funerary objects to the federally recognized 
Indian tribe stated in this notice may proceed.

[[Page 60378]]


DATES: Representatives of any federally recognized Indian tribe not 
identified in this notice that wish to request transfer of control of 
these human remains and associated funerary objects should submit a 
written request with information in support of the request to TVA at 
the address in this notice by October 3, 2016.

ADDRESSES: Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11D, 
Knoxville, TN 37902-1401, telephone (865) 632-7458, email 
[email protected].

SUPPLEMENTARY INFORMATION: 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 under the control of TVA. The human remains 
and associated funerary objects were removed from sites in Lauderdale 
County, AL.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). 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.

Consultation

    A detailed assessment of the human remains and associated funerary 
objects was made by TVA professional staff in consultation with the 
University of Alabama and representatives of the Alabama-Coushatta 
Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of 
Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe 
of Louisiana; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe 
of Oklahoma; Poarch Band of Creeks (previously listed as the Poarch 
Band of Creek Indians of Alabama); The Chickasaw Nation; The Choctaw 
Nation of Oklahoma; The Muscogee (Creek) Nation; Thlopthlocco Tribal 
Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

History and Description of the Remains

    The sites listed in this notice were excavated as part of TVA's 
Pickwick Reservoir project by the Alabama Museum of Natural History 
(AMNH) at the University of Alabama, using labor and funds provided by 
the Works Progress Administration. Details regarding these excavations 
and sites may be found in a report, An Archaeological Survey of 
Pickwick Basin in the Adjacent Portions of the States of Alabama, 
Mississippi, and Tennessee, by William S. Webb and David L. DeJarnette. 
The human remains and associated funerary objects listed in this notice 
have been in the physical custody of the AMNH at the University of 
Alabama since excavation but are under the control of TVA.
    In February 1937, human remains representing, at minimum, 24 
individuals were removed from the Smithsonia Landing site, 1LU5, in 
Lauderdale County, AL. Excavation commenced after TVA acquired the land 
encompassing site 1LU5 on May 4, 1936. This shell midden site had been 
disturbed by a historic riverboat landing and associated buildings. 
This disturbance and rising reservoir water levels led to limited 
excavations revealing a Late Archaic (4000-1000 B.C.) occupation. The 
human remains include adults, juveniles, and infants of both sexes. No 
known individuals were identified. There are 19 associated funerary 
objects including 2 stone adzes, 1 chert biface, 2 bone awls, 2 Little 
Bear Creek projectile points, 3 fresh water pearl beads, and 9 shell 
beads.
    From August 1937 to April 1938, human remains representing, at 
minimum, 8 individuals were removed from 1LU21, in Lauderdale County, 
AL. Excavation commenced after TVA acquired the land encompassing this 
site on February 19, 1937. Excavations focused on the earthen mound, 
constructed in four stages and supported at least four superimposed 
structures and two peripheral single post structures. The primary 
occupation of this mound was during the Kogers Island phase (A.D. 1200-
1500) of the Mississippian period. The human remains represent infants, 
adolescents, and adults. No known individuals were identified. The 179 
associated funerary objects include 1 Bell Plain bottle; 1 Bell Plain 
double jar; 1 celt; 1 copper gorget fragment; 9 copper ear spool 
fragments; 2 copper covered wood bead fragments; 1 hooded owl effigy 
bottle; 1 Mississippi Plain bowl; 14 Mississippi Plain double jar 
fragments; 1 Mississippi Plain jar; 42 Mississippi Plain jar fragments; 
27 Mississippi Plain sherds; 1 Mississippi Plain red-filmed rim; 1 
Moundville Engraved bottle; 2 shell gorget fragments; 73 shell beads; 
and 1 shell-tempered incised and noded composite jar/bowl.
    From October 1937 to December 1938, human remains representing, at 
minimum, 159 individuals were removed from site 1LU92 in Lauderdale 
County, AL. Excavation commenced after TVA purchased this land on 
November 27, 1935. Site 1LU92 was composed of both a village and a 
cemetery and excavations focused on the cemetery. There was no clear 
stratigraphy at the site. The excavators believed the village midden 
was created by an earlier occupation than the cemetery. The cemetery 
occupation is attributed to the Kogers Island phase (A.D. 1200-1500) of 
the Mississippian period. The human remains include adults, juveniles, 
children, and infants of both sexes. No known individuals were 
identified. The 3,654 associated funerary objects include 39 antler tip 
projectile points; 1 antler tool; 1 Barton Incised, var. unspecified 
jar; 4 Baytown Plain sherds; 20 bear tooth beads; 1 beaver incisor; 119 
Bell Plain sherds; 4 Bell Plain bottles; 3 Bell Plain bowl sherds; 2 
Bell Plain bowls; 2 Bell plain Effigy bowls; 2 Bell Plain jars; 1 Bell 
Plain lobate bottle; 4 chert bifaces ; 1 bird bone; 109 bird sternum 
fragments; 28 bone awls; 6 bone awl fragments; 2 bone fragments; 2 bone 
needles; 12 bone pins; 4 bone tool fragments; 9 repousse copper 
cutouts; 7 copper ear bob fragments; 15 copper ear plug fragments; 1 
copper stained bone needle; 1 cortical chert flake; 1 Crow Creek Noded 
jar; 4 Duck River sword projectile points/knives; 1 effigy pipe; 2 Elk 
River projectile points/knives; 1 Flint River projectile point/knife; 1 
ground galena nodule; 4 greenstone celts; 2 Guntersville projectile 
points/knives; 1 hammerstone/abrader; 2 Ledbetter projectile points/
knives; 1 Little Bear Creek projectile point/knife; 2 Madison 
projectile points/knives; 2 mammal tooth beads; 2 McIntire projectile 
points/knives; 1 McKee Island Brushed jar; 6 McKee Island Brushed 
sherds; 176 Mississippi Plain sherds; 1 Mississippi Plain bottle; 1 
Mississippi Plain bowl; 14 Mississippi Plain jars; 1 modified fish jaw; 
2 modified shells; 2 Moundville Engraved, var. Hemphill bottles; 21 
Moundville Engraved, var. Tuscaloosa bottle sherds; 1 Moundville 
Incised, var. Carrolton jar; 1 Moundville Incised, var. unspecified 
jar; 18 Moundville Incised, var. unspecified sherds; 2 mussel shells; 3 
stone palettes; 20 projectile points/knives; 1 rodent mandible; 2,335 
shell beads; 3 shell cups; 3 shell ear plugs; 1 Cox style shell gorget; 
1 spade/spatulate celt; 1 Stanfield projectile point/knife; 551 turtle 
shell fragments; 2 unmodified fish jaw; 1 unmodified limestone; 1 
unmodified shell; and 58 unmodified stones.
    From February to May 1937, and from February to March 1938, human 
remains representing, at minimum, 13

[[Page 60379]]

individuals were removed from site 1LU64, 23 miles downstream from 
Florence on the Tennessee River in Lauderdale County, AL. TVA purchased 
the land encompassing site 1LU64 on October 28, 1936. Site 1LU64 was a 
Copena phase (A.D. 100-500) burial mound that was damaged by trenching 
in 1917. The human remains are fragmented and represent adults and 
children of indeterminate sex. No known individuals were identified. 
The 10 associated funerary objects include 2 copper beads, 6 galena 
nodules, 1 piece of galena ground into a discoidal, and 1 piece of red 
ochre.
    In February 1937, human remains representing, at minimum, one 
individual were removed from site 1LU65, adjacent to 1LU64 in 
Lauderdale County, AL. TVA purchased the land encompassing site 1LU65 
on October 28, 1936. A small portion of this village was excavated 
before inundation of the Pickwick reservoir. The human remains 
represent one adult of unknown sex. No known individuals were 
identified. No associated funerary objects are present.
    From June to September 1936, human remains representing, at 
minimum, 109 individuals were removed from the Long Branch site, 1LU67 
in Lauderdale County, AL. Excavation commenced after TVA purchased 
three parcels of land encompassing this site on January 11, 1935, 
September 16, 1935, and February 8, 1936. Site 1LU67 was located 
immediately adjacent to the Tennessee River. Although described as a 
mound, this site appears to have been created from the accumulation of 
discarded shell, village midden, and alluvial soils rather than an 
intentionally constructed earthwork. This shell midden extended to a 
depth of 11 feet below surface. The Long Branch site had multiple 
occupation including the Middle Archaic (6000-4000 B.C.), Late Archaic 
(4000-1000 B.C.), early Woodland (500-100 B.C.), Middle Woodland (100 
B.C. to A.D. 500), Late Woodland (A.D. 500-1000), and Mississippian 
(A.D. 900-1500) periods. It is not possible to determine from which 
level of occupation the human remains originated. The human remains 
include adults, juveniles, children, and infants of both sexes. No 
known individuals were identified. The 2,330 associated funerary 
objects include 2 Alexander incised sherds; 1 Alexander Punctated var. 
Tibbee sherd; 1 antler handle; 2 antler shaft wrenches; 2 antler atlatl 
hook fragments; 2 Baldwin Plain sherds; 3 Bell Plain bowl rim sherds; 
21 Bell Plain sherd; 2 Benton projectile points/knives; 4 chert 
bifaces; 1 Bluff Creek Simple Stamped sherd; 16 bone awls; 1 bone 
fragment; 11 bone pendants; 1 decorated bone pin; 14 chert beads; 1 
Copena projectile points/knives; 9 fabric fragments; 139 Gastropod 
shell beads; 2 ground conch shell fragments; 1 hammerstone; 1 Jasper 
bead, ground; 15 Long Branch Fabric Marked sherds; 7 Mississippi Plain 
jar sherds; 1 Mulberry Creek Cord Marked sherd; 2 Mulberry Creek Plain 
sherds; 1,912 shell beads; 44 shell gorgets/pendants; 12 shell pendant 
fragments; 3 shell pins; 93 terrapin shell fragments; 3 unidentified 
bone fragments; and 1 Wright Creek Check Stamped sherd.
    From January to February 1938, human remains representing, at 
minimum, 31 individuals were removed from the Union Hollow site, 1LU72, 
Lauderdale County, AL. Excavation commenced after TVA purchased the 
land encompassing this site on October 5, 1936. Site 1LU72 was located 
immediately adjacent to the Tennessee River. This shell ``mound'' was 
created from the accumulation of discarded shell, village midden, and 
alluvial soils rather than intentionally constructed earthworks. This 
shell midden extended to a depth of 10 feet below surface. Early 
flooding of the Pickwick reservoir abbreviated excavations at this 
site. The Union Hollow site had multiple occupation including the Late 
Archaic (4000-1000 B.C.), Early Woodland (500-100 B.C.) and 
Mississippian (A.D. 1200-1500) periods. The human remains include 
infants, children, and adults of both sexes. No known individuals were 
identified. The 116 associated funerary objects include 2 antler 
drifts/tools; 1 Baytown Plain sherd; 14 Bell Plain jar sherds; 2 bone 
fish hooks; 23 bone pendants; 1 Flint Creek projectile point/knife; 1 
ground stone abrader; 3 ground stone celts; 1 hammerstone; 2 Long 
Branch Cord Marked sherds; 1 Mississippi Plain jar; 8 Mississippi Plain 
sherds; 10 Mississippi Plain noded rim sherds; 3 Mulberry Creek Cord 
Marked sherds; 2 shell ear plugs; 2 shell cup/spoon fragments; 39 
turtle carapace fragments; and 1 Wheeler Check Stamped sherd.
    TVA has determined that cultural affiliation between the human 
remains and associated funerary objects excavated from sites 1LU5, 
1LU21, 1LU92, 1LU64, 1LU65, 1LU67, and 1LU72, and any present-day 
federally recognized tribes cannot be reasonably traced. Accordingly, 
these items are culturally unidentifiable, and TVA intends to transfer 
control of these items pursuant to 43 CFR 10.11(c).
    At the time of the excavation and removal of these human remains 
and associated funerary objects, the land from which the human remains 
and associated funerary objects were removed was not the tribal land of 
any federally recognized Indian tribe. On March 10, 2016, TVA consulted 
with all federally recognized Indian tribes who are recognized as 
aboriginal to the area from which these Native American human remains 
and associated funerary objects were removed. These tribes are the 
Cherokee Nation, Eastern Band of Cherokee Indians, and the United 
Keetoowah Band of Cherokee Indians in Oklahoma. None of these Indian 
tribes agreed to accept control of the human remains and associated 
funerary objects. After further consultation with the parties that were 
a part of this overall consultation, TVA has decided to transfer 
control of the human remains and associated funerary objects to The 
Chickasaw Nation.

Determinations Made by the Tennessee Valley Authority

    Officials of TVA have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 345 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 6,308 objects 
described in this notice 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.
     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.
     Pursuant to 43 CFR 10.11(c)(1)(i), at the time of 
excavation of the human remains and associated funerary objects, the 
land from which the cultural items were removed was not the tribal land 
of any federally recognized Indian tribe.
     Pursuant to 43 CFR 10.11(c)(1)(ii), the following tribes 
are aboriginal to the area from which the cultural items were 
excavated: Cherokee Nation, Eastern Band of Cherokee Indians, and the 
United Keetoowah Band of Cherokee Indians in Oklahoma. None of these 
tribes agreed to accept control of the human remains or associated 
funerary objects.
     Pursuant to 43 CFR 10.11(c)(2)(i), TVA has decided to 
transfer control of the culturally unidentifiable human remains to The 
Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(4), TVA has decided to 
transfer control of the culturally unidentifiable associated funerary 
objects to The Chickasaw Nation.

[[Page 60380]]

Additional Requestors and Disposition

    Representatives of any federally recognized Indian tribe not 
identified in this notice that wish to request transfer of control of 
these human remains and associated funerary objects should submit a 
written request with information in support of the request to Dr. 
Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11D, Knoxville, TN 
37902-1401, telephone (865) 632-7458, email [email protected], by October 
3, 2016. After that date, if no additional requestors have come 
forward, transfer of control of the human remains and associated 
funerary objects to The Chickasaw Nation may proceed.
    TVA is responsible for notifying the Alabama-Coushatta Tribe of 
Texas (previously listed as the Alabama-Coushatta Tribes of Texas); 
Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of 
Louisiana; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of 
Oklahoma; Poarch Band of Creeks (previously listed as the Poarch Band 
of Creek Indians of Alabama); The Chickasaw Nation; The Choctaw Nation 
of Oklahoma; The Muscogee (Creek) Nation; Thlopthlocco Tribal Town; and 
the United Keetoowah Band of Cherokee Indians in Oklahoma that this 
notice has been published.

    Dated: August 10, 2016.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2016-21002 Filed 8-31-16; 8:45 am]
 BILLING CODE 4312-50-P