[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33155-33156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15106]



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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-23503; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: U.S. Department of Defense, Army 
Corps of Engineers, Nashville District, Nashville, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The U.S. Army Corps of Engineers, Nashville District (USACE), 
has completed an inventory of human remains and associated funerary 
objects, in consultation with the appropriate Indian Tribes or Native 
Hawaiian organizations, and has determined that there is no cultural 
affiliation between the human remains and associated funerary objects 
and any present-day Indian Tribes or Native Hawaiian organizations. 
Representatives of any Indian Tribe or Native Hawaiian organization 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 the U.S. Army Corps of Engineers, Nashville 
District. If no additional requestors come forward, transfer of control 
of the human remains and associated funerary objects to the Indian 
Tribes or Native Hawaiian organizations stated in this notice may 
proceed.

DATES: Representatives of any Indian Tribe or Native Hawaiian 
organization 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 the U.S. Army Corps of Engineers, Nashville District, at 
the address in this notice by August 18, 2017.

ADDRESSES: Dr. Valerie McCormack, Archaeologist, Department of Defense, 
Nashville District, Corps of Engineers, U.S. Army Corps of Engineers, 
Nashville District, 110 9th Avenue South, Room A-405, Nashville, TN 
37203, telephone (615) 736-7847, 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 the U.S. Army Corps of 
Engineers, Nashville District, Nashville, TN. The human remains and 
associated funerary objects were removed from Trigg County, KY, and 
Stewart County, TN.
    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 was made by the U.S. 
Army Corps of Engineers, Nashville District, and the St. Louis 
District's Mandatory Center for Expertise for the Curation and 
Management of Archaeological Collections (MCX-CMAC) professional staff 
in consultation with representatives of the Absentee Shawnee Tribe of 
Indians of Oklahoma, Cherokee Nation, Eastern Band of Cherokee Indians, 
Eastern Shawnee Tribe of Oklahoma, Shawnee Tribe, The Chickasaw Nation, 
The Osage Nation, and United Keetoowah Band of Cherokee Indians in 
Oklahoma (hereafter referred to as ``The Consulted Tribes'').

History and Description of the Remains

    In 1959, human remains representing, at minimum, one individual 
were removed from the Stone site (40SW23) in Stewart County, TN. 
Michael D. Coe and F. William Fischer of the University of Tennessee 
undertook archaeological research at the Stone site prior to the 
inundation of Lake Barkley. Coe and Fisher documented extensive looting 
and encountered little undisturbed area of the site. Artifacts indicate 
a Mississippian occupation. The collection is stored in the McClung 
Museum, University of Tennessee, Knoxville, TN. As indicated by 
excavation notes, the human remains consist of an infant encased in 
plaster that is housed within a burlap. Due to the plaster encasement, 
the MCX-CMAC could not verify the number or age of individuals encased 
within the plaster. No known individual was identified. No associated 
funerary objects are present.
    In 1959, human remains representing, at minimum, two individuals 
were removed from the Shamble site (40SW41) in Stewart County, TN. 
Michael D. Coe and F. William Fischer of the University of Tennessee 
undertook archaeological research at the Shamble site prior to the 
inundation of Lake Barkley. Artifacts indicate Woodland and 
Mississippian occupation and a mound at the site dates to the 
Mississippian period. The collection is stored in the McClung Museum, 
University of Tennessee, Knoxville, TN. The human remains consist of an 
adult male and an adult probable male. No known individuals were 
identified. No associated funerary objects are present.
    In 1962, human remains representing, at minimum, 26 individuals 
were removed from the Hogan site (40SW24) in Stewart County, TN. J.B. 
Graham of the University of Tennessee undertook excavation of the site 
prior to the inundation of Lake Barkley. Artifacts indicated Archaic, 
Woodland, and Mississippian occupation. The Mississippian occupation 
covered approximately five acres and contained a stone box grave 
cemetery. The collection is stored in the McClung Museum, University of 
Tennessee, Knoxville, TN. The human remains consist of one adult 
female, three adult probable females, three adult males, 10 adults of 
indeterminate sex, five sub-adults, and four infants. No known 
individuals were identified. The 87 associated funerary objects include 
fragments of a copper rattle consisting of 12 copper fragments and 12 
pebbles, 2 reconstructed pottery vessels, 3 pottery vessels, 1 clay owl 
effigy, 1 pottery trowel, 1 pottery sherd, 1 shell gorget, 8 shell 
gorget fragments, 6 mussel shells, 8 mussel shell fragments, 1 
scalloped quart pendant, 1 limestone disc, 2 bone awls, 1 bone needle, 
22 bone scraper fragments, 1 hammerstone, 2 chert flakes, and 2 cannel 
coals.
    In 1962, human remains representing, at minimum, eight individuals 
were removed from the Buchanan site (40SW33) in Stewart County, TN. 
J.B. Graham of the University of Tennessee undertook excavation of the 
site prior to the inundation of Lake Barkley. Artifacts indicate 
Archaic, Woodland, and Mississippian occupation of less than an acre in 
size. The collection is stored in the McClung Museum, University of 
Tennessee, Knoxville, TN. The human remains date to the Archaic and 
Mississippian period and consist of two adult probable females, two 
adult probable males, two adults of indeterminate sex, and two infants. 
No known individuals were identified. The 44 associated funerary 
objects are pottery sherds representing two vessels.
    On July 10, 1962, human remains representing, at minimum, two 
individuals were removed from the Harry Rodgers site (15TR17) in Trigg 
County, KY. Rudolf Berle Clay of the University of Kentucky collected 
the remains from a sand bank. Artifacts

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indicated Woodland and Mississippian occupation. The collection is 
stored at the Webb Museum, University of Kentucky, Lexington, KY. The 
human remains consist of an adult probable male and an infant. No known 
individuals were identified. No associated funerary objects are 
present.
    In July of 1962, human remains representing, at minimum, one 
individual were removed from the Wilson site (15TR19) in Trigg County, 
KY. Rudolf Berle Clay of the University of Kentucky collected the 
remains from a sand bank. The collection is stored at the Webb Museum, 
University of Kentucky, Lexington, KY. The human remains consist of an 
adult probable male. No known individual was identified. No associated 
funerary objects are present.
    These sites were excavated as part of the U.S. Army Corps of 
Engineers, Lake Barkley Project, by the University of Kentucky and the 
University of Tennessee, using funds provided by the National Park 
Service under the River Basins Archaeological Salvage Program.

Determinations Made by the Nashville District

    Officials of the U.S. Army Corps of Engineers, Nashville District 
have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on the archeological context.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 40 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 131 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.
     According to final judgments of the Indian Claims 
Commission or the Court of Federal Claims, the land from which the 
Native American human remains and associated funerary objects from 
sites 15TR19, 40SW23, and 40SW41 were removed is the aboriginal land of 
the Cherokee Nation, Eastern Band of Cherokee Indians, and United 
Keetoowah Band of Cherokee Indians in Oklahoma.
     Treaties, Acts of Congress, or Executive Orders, indicate 
that the land from which the Native American human remains from sites 
15TR17, 40SW24, and 40SW33 were removed is the aboriginal land of 
Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah 
Band of Cherokee Indians in Oklahoma.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains and associated funerary objects may be jointly to the 
Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah 
Band of Cherokee Indians in Oklahoma.

Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization 
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. 
Valerie McCormack, Archaeologist, Department of Defense, Nashville 
District, Corps of Engineers, U.S. Army Corps of Engineers, Nashville 
District, 110 9th Avenue South, Room A-405, Nashville, TN 37203, 
telephone (615) 736-7847, email [email protected] by 
August 18, 2017. After that date, if no additional requestors have come 
forward, transfer of control of the human remains and associated 
funerary objects to the Cherokee Nation, Eastern Band of Cherokee 
Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma may 
proceed.
    The U.S. Army Corps of Engineers, Nashville District is responsible 
for notifying The Consulted Tribes that this notice has been published.

    Dated: June 1, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-15106 Filed 7-18-17; 8:45 am]
BILLING CODE 4312-52-P