[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60380-60381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21003]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-21731; 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.

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 archeological sites 
in Madison and Lawrence Counties, 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; Choctaw Nation of 
Oklahoma; Eastern Shawnee Tribe of Oklahoma; Poarch Band of Creeks 
(previously listed as the Poarch Band of Creek Indians of Alabama); The 
Chickasaw Nation; 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 
Wheeler 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 the excavations 
and sites may be found in reports, The Flint River Site, MA48, by 
William S. Webb and David L. DeJarnette, and An Archaeological Survey 
of Wheeler Basin on the Tennessee River in Northern Alabama, by William 
S. Webb. 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.
    From June to December 1938, human remains representing, at minimum, 
242 individuals were removed from the Flint River site, 1MA48, in 
Madison County, AL. Excavation commenced after TVA acquired the two 
parcels of land encompassing 1MA48 on November 11, 1935, and July 3, 
1936. Excavations revealed multiple occupations including during the 
Late Archaic (4000-1000 B.C.); Woodland Colbert (300 B.C. to A.D. 100), 
and Flint River (A.D. 500-1000) phases and the early Mississippian 
Langston phase (A.D. 900-1200). The human remains include adults, 
juveniles, children, and infants of both sexes. No known individuals 
were identified. The 2,572 associated funerary objects include 27 
antler tools; 4 bone awls; 4 chert bifaces; 29 bone beads; 8 bone pins; 
5 polished bone; 2 bone gorgets; 2 Hillabee Greenstone celts; 1 disk 
bead; 5 engraved turtle carapace fragments; 1 fired daub; 1 bone 
fishhook; 2 Flint Creek projectile points/knives; 2 freshwater pearl 
beads; 1 chert graver; 2 grooved stone abraders; 12 gastropod shell 
beads; 703 ground sandstone bowl sherds; 3 ground soapstone bowls; 5 
ground soapstone bowl sherds; 1 hammerstone; 2 limestone hoes; 1 
Ledbetter projectile point; 1 Mississippi Plain jar; 7 rodent mandible 
fragments; 4 McIntire projectile points; 2 Pickwick projectile points; 
7 projectile points/knives; 1 shell-tempered ceramic pipe; 1,660 shell 
beads; 3 shell gorgets/pendants; 2 chert side scrappers; 1 Smithsonia 
projectile point; 3 bone spoon fragments; 1 Sykes projectile point; 1 
steatite stone bead; 19 textile (cane) and bone fragments; 3 limestone 
tubular cones/pipes; 1 tubular sandstone cone/pipe; 31 turtle carapace 
fragments; 1 worked bone; and 1 worked shell.

[[Page 60381]]

    From May to June 1934, human remains representing, at minimum, 49 
individuals were removed from site 1LA13 in Lawrence County, AL. 
Excavation commenced after TVA purchased this land February 14, 1934. 
Site 1LA13 was one of the first sites excavated on TVA land in north 
Alabama. Information about the excavations is not abundant. Excavations 
revealed this site to be a burial mound. All the burials were 
considered inclusive to the mound, not intruded into it at a later 
date. An examination of the funerary objects excavated at this site 
indicates that this mound was created during the Hobbs Island phase 
(A.D. 1200-1500) of the Mississippian period. The human remains include 
adults, juveniles, and children of both sexes. No known individuals 
were identified. The 65 associated funerary objects include 2 Baytown 
Plain sherds; 2 Bell Plain bottles; 1 Bell Plain bowl; 7 Bell Plain 
sherds; 1 Crow Creek Noded jar; 5 Henry Island Plain sherds; 4 McKee 
Island Brushed sherds; 3 Mississippi Plain jars; 1 Mississippi Plain 
bowl; 38 Mississippi Plain sherds; and 1 Wheeler Check Stamped sherd.
    On January 15, 1986, human remains representing, at minimum, one 
individual were removed from site 1MA141, near the Whitesburg bridge in 
Madison County, AL. During phase 2 testing of a potential wastewater 
pipeline corridor in the Huntsville area, human remains representing 
one 40-50 year old Native American were encountered. This phase 2 test 
took place on land TVA had purchased on July 6, 1936. Artifacts 
recovered from site 1MA141 indicate occupations during the Early and 
Late Archaic periods. No known individuals were identified. No 
associated funerary objects are present.
    TVA determined that cultural affiliation between human remains and 
associated funerary objects excavated from sites 1MA48, 1MA141, and 
1LA13 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 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 292 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 2,637 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.

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. 2016-21003 Filed 8-31-16; 8:45 am]
 BILLING CODE 4312-50-P