[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65735-65738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27647]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0027073: 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 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 TVA. 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 TVA at the address in this notice by January 22, 2019.

ADDRESSES: Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11C, 
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, Knoxville, TN. 
The human remains and associated funerary objects were removed from 
archeological sites in Colbert and Lauderdale Counties, AL, and Hardin 
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

[[Page 65736]]

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 
representatives of the Absentee-Shawnee Tribe of Oklahoma; Alabama-
Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta 
Tribes of Texas); Cherokee Nation; Coushatta Tribe of Louisiana; 
Eastern Band of Cherokee Indians; 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; 
The Seminole Nation of Oklahoma; and the United Keetoowah Band of 
Cherokee Indians in Oklahoma (hereafter referred to as ``The Consulted 
Tribes'').

History and Description of the Remains

    From December 27, 1938 to June 27, 1939, human remains 
representing, at minimum, 365 individuals were removed from the Little 
Bear Creek site, 1CT8, in Colbert County, AL, by the Alabama Museum of 
Natural History (AMNH) at the University of Alabama. TVA acquired this 
site on August 20, 1936, for the Pickwick Reservoir project. This shell 
midden site was at the confluence of Little Bear Creek and the 
Tennessee River. While there are no radiocarbon dates from this site, 
the excavated artifacts indicate that the major occupations took place 
during the Late Archaic (4000-1000 B.C.). Ceramics, while not abundant, 
were found in the upper 2-3 feet. Some of the ceramics suggest minor 
occupations during the Colbert (300 B.C.-A.D. 100) and McKelvey (A.D. 
500-1000) phases. Distinctive shell-tempered vessels associated with 
some burials indicate a Mississippian Kogers Island phase (A.D. 1200-
1500) occupation.
    The human remains removed from 1CT8 include adults, juveniles, and 
infants of both sexes. No known individuals were identified. The 5,244 
associated funerary objects include two ground stone abraders; one 
ground stone adz; one antler billet; 10 antler billet fragments; six 
antler tools; one carved and ground antler; three atlatl weights; two 
Bell Plain bottles; two Bell Plain bowls; 11 Bell Plain bowl sherds; 20 
Bell Plain jar sherds; one Bell Plain ladle; one bifurcated bone; two 
animal bones; seven bone awls; two beaver incisors; five bone fids; one 
bone fishhook; one bone handle; three bone needles; two bone pendants; 
13 bone pins; three bone projectile points; two bone punches; 28 
unidentified bones; four chert bifaces; one ground stone celt; one 
ceramic ear spool; 13 crinoid stems; five crinoid stem beads; one 
polished stone discoidal; one drumfish tooth bead; 4068 gastropod shell 
beads; one ground stone fragment; one ground stone bowl; one 
hammerstone; three hematite fragments; one Long Branch Fabric Marked 
sherd; three McKee Island Brushed jars; four McKee Island Brushed 
sherds; one Mississippi Plain vessel; 38 Mississippi Plain bowl sherds; 
28 Mississippi Plain jars; 17 Mississippi Plain jar sherds; 29 
Mississippi Plain sherds; one Kirk Serrated PP/K; one Ledbetter PP/K; 
one Morrow Mountain PP/K; one polished stone pendant; one polished 
stone; five unidentified PP/K; 594 shell beads; two shell gorgets; five 
shell pendants; four unidentified shells; one polished stone bead; one 
turtle shell; three turtle shell rattles; 25 turtle shell rattle 
fragments; five unidentified bones; one piece of ground coal; one piece 
of unidentified ground stone; 240 unmodified chert pebbles; and one 
unmodified shell.
    From January 25 to February 22, 1934, human remains representing, 
at minimum, 20 individuals were removed from 1CT17 in Colbert County, 
AL, by AMNH. TVA acquired this site on June 19, 1936, for the Pickwick 
Reservoir project, and the excavation was conducted with Federal funds 
in anticipation of reservoir construction. This shell mound and village 
site was located on the left descending bank of the Tennessee River, 
and consisted of an accumulation of mussel shell and village midden, 
rather than an intentionally constructed earthwork. There are no 
radiocarbon dates from this site. Projectile points from 1CT17 resemble 
those found in Late Archaic (4000-1000 B.C.) occupations at nearby 
sites. Stratification of the ceramics recovered from the excavations is 
not clear, but the ceramics exhibit temper and surface modifications 
characteristic of the Early and Middle Woodland period (300 B.C.-A.D. 
500). A few shell-tempered ceramics from the Mississippian period are 
found in the upper portion of this shell midden. The human remains 
include infants, adolescents, and adults of both sexes. No known 
individuals were identified. There are no associated funerary objects 
from this site.
    From January to February, 1938, human remains representing, at 
minimum, nine individuals were removed from the Georgetown Landing 
site, 1CT34, in Colbert County, AL, by AMNH. TVA acquired this site on 
March 28, 1936, for the Pickwick Reservoir project. The site was a 
shell midden extending 140 by 280 feet on the left descending bank of 
the Tennessee River. There are no radiocarbon dates for this site. It 
is not possible to place the NAGPRA cultural items from 1CT34 in a 
temporal context as temporally sensitive artifacts were rare. Some 
fiber-tempered ceramics considered typical of the Wheeler culture 
(approximately 1300-1000 B.C.) were recovered, as well as some shell-
tempered ceramics, suggesting a Mississippian period occupation.
    The human remains removed from 1CT34 include adults, juveniles, and 
children of both sexes. No known individuals were identified. The two 
associated funerary objects are one unidentified broken projectile 
point and one damaged siltstone tubular bead.
    From February 6 to March 6 and April 17-22, 1939, human remains 
representing, at minimum, 93 individuals were removed from site 1CT65/
1CT117 in Colbert County, AL, by the AMNH. The site was originally 
designated 1CT65, but this number was inadvertently used for another 
site outside TVA boundaries. Consequently, this site is currently 
designated 1CT117 in the Alabama site files. TVA acquired this site on 
August 20, 1936, for the Pickwick Reservoir project. This rock shelter 
or cave was located on the left descending bank of Little Bear Creek.
    Although most of 1CT117 had been disturbed by looting, 20 features 
were tentatively identified. Most are designated as fire basins or rock 
hearths. There are no radiocarbon dates from this site. Both limestone-
tempered and shell-tempered ceramics were recovered, suggesting both a 
Woodland and Mississippian occupation. There are, however, projectile 
points that indicate an Archaic occupation. The fragmented human 
remains include adults, children and infants of both sexes. No known 
individuals were identified. The 1,486 associated funerary objects 
include 19 Eva projectile points/knives (PP/K); 1461 gastropod shell 
beads; one beaver incisor; two unidentified PP/K; two shell gorgets; 
and one turtle shell.
    Sometime during 1984, human remains representing, at minimum, three 
individuals were removed from Bell Cave, 1CT229, during paleontological 
investigations by the McWane Science Center. TVA purchased the land 
encompassing this cave on October 23, 1936. The site is located on the 
left descending bank of the Tennessee River in Colbert County, AL. The 
age of these human remains is not known. The human remains all belong 
to adults, but are too fragmentary

[[Page 65737]]

to determine sex. No known individuals were identified. There are no 
associated funerary objects.
    In 1962, human remains representing, at minimum, 42 individuals 
were removed from site 1LU12 in Lauderdale County, AL, by the Muscle 
Shoals chapter of the Alabama Archaeological Society. TVA acquired this 
land on November 23, 1936, for the Pickwick Reservoir project. There is 
no reliable information regarding the context within which these human 
remains were found and there are no radiocarbon dates for this site. 
The artifacts recovered suggest occupations during the Late Archaic and 
Mississippian periods. The human remains include infants, juveniles and 
adults of both sexes. No known individuals were identified. There are 
no associated funerary objects.
    From April 29, 1938 to November 8, 1940 human remains representing, 
at minimum, 2,459 individuals were removed from the Perry site, 1LU25, 
in Lauderdale County, AL, by the AMNH. TVA acquired this site on 
February 19, 1937, for the Pickwick Reservoir project. Perry site was 
the largest excavation on TVA land in Alabama. The site, located on an 
island in the Tennessee River, was an extensive shell midden, village 
and burial ground. There were two major occupations at 1LU25. The first 
during the terminal Middle through Late Archaic periods, (4000-1000 
B.C.), and the second during the Kogers Island phase (A.D. 1200-1450) 
of the Mississippian period.
    The human remains from 1LU25 include both sexes of every age 
category from neonate to senior (60+). The 17,105 associated funerary 
objects include 16 stone abraders; 16 adzes; nine Alexander Incised 
sherds; one Alexander Incised var. Smithsonia sherd; one Alexander 
Pinched sherd; one Alexander Punctated, var. Columbus sherd; one 
Alexander Punctated, var. Tibbee sherd; 15 animal bones and teeth; one 
antler atlatl hook; six antler billets; five antler flakers; 57 antler 
fragments; one antler headdress; six antler projectile points; three 
antler punches; two antler tines; one antler tool; two antler 
ornaments; two antler tubes; one polished stone atlatl weight; one 
Baldwin Plain bottle; one Baldwin Plain jar; five Baldwin Plain sherds; 
one Baldwin Plain, var. O'Neal sherd; 15 Barton Incised sherds; one 
Barton Incised, var. Demopolis jar; eight Barton Incised, var. 
Unspecified sherds; two Baytown Plain, var. McKelvey sherds; one bear 
canine; two beaver teeth/bone; one Bell Plain ladle; five Bell Plain 
bottles; nine Bell Plain bowls; 28 Bell Plain bowl sherds; one Bell 
Plain effigy bottle; three Bell Plain effigy bowls; six Bell Plain 
jars; five Bell Plain jar sherds; 26 Bell Plain sherds; three Benjamin 
PP/K; two Benson Simple Stamped sherds; one Benton Broad Stemmed PP/K; 
one Benton Stemmed PP/K; 47 chert bifaces; 25 bird bones and fragments; 
one Bluff Creek Simple Stamped sherd; 53 bone awls; five bone awl 
fragments; one alligator gar jaw; 78 bone beads; one bone beamer; two 
bifurcated bones; three bone billets; nine bone drifts; five bone fids; 
17 bone fishhooks; four bone flakers; one bone fragment; one bone 
implement; four bone needles; two bone pendant/ornaments; 22 bone pins; 
nine bone pin fragments; two bone pressure flakers; 42 bone projectile 
points; two bone punches; 60 bone rattles; one bone shaft wrench; 20 
bone tools; 20 unidentified bones; five mammal bones; 23 modified 
bones; 39 canid teeth and turtle shell pendants; one unmodified animal 
canine tooth; 46 Carthage Incised, var. Summerville jar sherds; 15 
chert, limestone, schist, and sandstone celts; one ceramic elbow pipe; 
one chert tool; three stone chisels; one conch shell; seven conch shell 
columella; one conch shell cup; one Coosa Notched PP/K; one Copena 
Triangular PP/K; four copper and wood ear spool fragments; 71 copper 
beads; 42 copper ornament fragments; one chert core; one crinoid bead; 
one unmodified crinoid stem; 19 Crow Creek Noded sherds; two modified 
deer antlers; 31 deer bones; one deer jaw; one deer skull headdress 
fragment; one deer ulna with drilled hole; three dentate stamped, 
limestone tempered sherds; three stone discoidals; one dog burial; two 
drills; one Elk River PP/K; one engraved bone; one Evans PP/K; two 
Evansville Punctated sherds; 21 fish bone fragments; one fish jaw; one 
fishhook preform; four Flint Creek PP/K; two Flint River Cord Marked 
sherds; 10 fresh water pearl beads; one Furrs Cord Marked jar; four 
grooved abraders; eight pieces of ground stone; one ground stone bead; 
23 ground stone vessel sherds; one Guntersville PP/K; one hafted drill; 
three Hamilton PP/K; 19 hammerstones; three pieces of hematite; one 
Henry Island Punctated jar; three Jacks Reef Pentagonal PP/K; four Kays 
PP/K; one Keith Incised sherd; one Kirk Corner Notched PP/K; one Kirk 
Serrated PP/K; three stone knives; one Ledbetter PP/K; 43 Little Bear 
Creek PP/K; 16 Long Branch Fabric Marked sherds; one Lost Lake PP/K; 
six Madison PP/K; two mammal bones; five Maples PP/K; one Matthews 
Incised, var. Manley jar; 28 McIntire PP/K; one McKee Island Brushed 
double bowl; two McKee Island Brushed sherds; one ground stone metate; 
four Mississippi Plain bowls; five Mississippi Plain bowl sherds; one 
Mississippi Plain double bowl; 14 Mississippi Plain double bowl sherds; 
one Mississippi Plain effigy rim sherd; 27 Mississippi Plain jars; 60 
Mississippi Plain jar sherds; 337 Mississippi Plain sherds; one 
Mississippi Plain vessel; one Mississippi Plain sherd discoidal; four 
Motley PP/K; one Moundville Engraved var. Hemphill bottle; one 
Moundville Engraved, var. Tuscaloosa bottle; four Moundville Incised, 
var. Bottle Creek sherds; one Moundville Incised, var. Carrollton jar; 
seven Moundville Incised, var. Carrollton sherds; one Moundville 
Incised, var. Snows Bend jar; one Moundville Incised, var. Unspecified 
jar; one Moundville Incised, var. Unspecified sherd; two Mud Creek PP/
K; one Mulberry Creek Cordmarked sherd; 25 Mulberry Creek Plain sherds; 
one Mulberry Creek PP/K; five mussel shells; one ovoid carbon object; 
one sandstone pestle; two chert picks; seven Pickwick PP/K; five stone 
pipes; 85 PP/K; one PP/K imbedded in bone; 59 chert preforms; one 
Saltillo Fabric Marked sherd; 116 sandstone bowl fragments; one chert 
scrapper; five shark teeth pendants; 71 shell and bone beads; 1,592 
shell and stone beads; 12,447 shell beads; one incised shell bead; 
three shell cups; one shell ear plug; 13 shell fragments; five shell 
gorgets; seven shell ornaments; 28 shell pendants; one shell pin; eight 
shell spoons; 20 unidentified shells; 26 shell, ceramic and stone 
beads; 18 modified shells; one Smithsonia PP/K; 106 unmodified snail 
shells; one St. Andrews Complicated Stamped sherd; one Stanfield PP/K; 
one steatite bowl; 14 stemmed PP/K; 41 stone beads; four stone gorgets; 
one stone pendant; one Sublet Ferry PP/K; 93 terrapin shells and drum 
teeth; 383 turtle shell fragments; one unidentified bone; 128 
unmodified stones/pebbles/cobbles; one utilized flake; five Wade PP/K; 
six Wheeler Check Stamped sherds; three Wheeler Plain sherds; four 
Wheeler Punctated sherds; one Wheeler Simple Stamped sherd; and eight 
wolf jaws.
    From June to November 1937, human remains representing, at minimum, 
12 individuals were removed from the McKelvey Mound, 40HN1/40HR30, in 
Hardin County, TN, by the AMNH. TVA acquired this site on July 29, 
1936, for the Pickwick Reservoir project. The McKelvey Mound was 
located just north of the Alabama border on the right descending bank 
of the Tennessee River. The mound was 100 feet in diameter and, at the 
time of excavation, was eight feet above the level of the river. The

[[Page 65738]]

mound was primarily domiciliary rather than mortuary in nature. There 
are no radiocarbon dates from this site. The artifacts recovered 
indicate multiple occupations during the Late Archaic, Middle Woodland, 
Late Woodland, and Mississippian, Kogers Island phase (A.D. 1200-1500). 
Most of the burials are from the Kogers Island phase.
    The human remains removed from the McKelvey Mound are primarily 
adults, but sex could not be determined for most individuals. No known 
individuals were identified. There are 79 associated funerary objects 
including one Bell Plain bottle; one biface; one burnishing stone; one 
celt; one cobble; two cortical flakes; one Flint Creek PP/K; five 
pieces of galena; three Guntersville PP/K; five Hamilton PP/K; two 
hammerstones; one McKee Island Complicated Stamped sherd; four 
Mississippi Plain jars; 44 Mississippi Plain sherds; one polished stone 
palette; one pebble; two unidentified PP/K; and three utilized flakes.
    From January 16 to April 26, 1937, human remains representing, at 
minimum, 24 individuals were excavated from the Fisher Mound, 40HN4/
40HR54, in Hardin County, TN, by the AMNH. TVA acquired this site on 
July 25, 1936, as part of the Pickwick Reservoir project. The site was 
approximately 400 feet north of the border with Alabama on the right 
descending side of the Tennessee River. The site's most noticeable 
surface feature was a conical mound 70 feet in diameter and 11 feet 
high. Using WPA labor and funds, the AMNH excavated the mound and three 
adjacent areas. There are no radiocarbon dates from this site, and very 
little pottery was recovered in the village area. The mound is 
generally identified as a mortuary structure from the Copena phase 
(A.D. 100-500).
    The fragmentary nature of the human remains from the Fisher Mound 
made it difficult to identify gender, but infants, juveniles and adults 
are represented. No known individuals were identified. The 52 
associated funerary objects include one chert biface; one stone celt; 
one coal fragment; 12 copper beads; 32 pieces of galena; four pieces of 
mica; and one Nolichucky PP/K.

Determinations Made by the Tennessee Valley Authority

    Officials of Tennessee Valley Authority have determined that:

     Pursuant to 25 U.S.C. 3001(9), the human remains 
described in this notice are Native American, based on their 
presence in prehistoric archeological sites and osteological 
analysis.
     Pursuant to 25 U.S.C. 3001(9), the human remains 
described in this notice represent the physical remains of 3,027 
individuals of Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 23,968 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 were 
removed is the aboriginal land of the Cherokee Nation; Eastern Band 
of Cherokee Indians; and the United Keetoowah Band of Cherokee 
Indians in Oklahoma.
     The Treaty of September 20, 1816, indicates that the 
land from which the Native American human remains and associated 
funerary objects were removed is the aboriginal land of The 
Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(1)(ii), the disposition of 
the human remains may be to the Cherokee Nation; Eastern Band of 
Cherokee Indians; The Chickasaw Nation; and the United Keetoowah 
Band of Cherokee Indians in Oklahoma. The Cherokee Nation; Eastern 
Band of Cherokee Indians; and United Keetoowah Band of Cherokee 
Indians in Oklahoma have declined to accept transfer of control of 
the human remains.
     Pursuant to 43 CFR 10.11(c)(4), TVA has decided to 
transfer control of the funerary objects associated with the 
culturally unidentifiable human remains to The Chickasaw Nation.

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. 
Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11C, Knoxville, TN 
37902-1401, telephone (865) 632-7458, email [email protected], by January 
22, 2019. 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.
    The Tennessee Valley Authority is responsible for notifying The 
Consulted Tribes that this notice has been published.

    Dated: November 28, 2018.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2018-27647 Filed 12-20-18; 8:45 am]
 BILLING CODE 4312-52-P