[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38050-38052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16690]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0028406; 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 there is no cultural affiliation between the 
human remains and associated funerary objects and any present-day 
Federally-recognized Indian Tribes. 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 the 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 the TVA 
at the address in this notice by September 4, 2019.

ADDRESSES: Dr. Thomas O. Maher, Tennessee Valley Authority, 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 the Tennessee Valley 
Authority, Knoxville, TN, and stored at the Alabama Museum of Natural 
History (AMNH) at the University of Alabama. The human remains and 
associated funerary objects were removed from the following 
archeological sites in Lauderdale County, AL: 1LU21, 1LU92, 1LU64, 
1LU67, and 1LU72.
    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 
representatives of the Alabama-Coushatta Tribe of Texas (previously 
listed as the Alabama-Coushatta Tribes of Texas); Alabama-

[[Page 38051]]

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 (hereafter 
referred to as ``The Consulted Tribes'').

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 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 AMNH at the University of Alabama since 
excavation but are under the control of the TVA. Human remains and 
other associated funerary objects from these sites were previously 
listed in a Notice of Inventory Completion (81 FR 60377-60380, 
September 1, 2016) and transferred to The Chickasaw Nation. Additional 
human remains and associated funerary objects were found during a 
recent improvement in the curation of the TVA archeological collections 
at AMNH.
    From August 1937 to April 1938, human remains representing, at 
minimum, 28 individuals were removed from site 1LU21, in Lauderdale 
County, AL. Excavation commenced after TVA had acquired the land 
encompassing this site on February 19, 1937. Excavations focused on the 
earthen mound at this site. The mound was constructed in four stages, 
and supported at least four superimposed structures and two peripheral 
single post structures. The adjacent village was not part of these 
excavations. The primary occupation of this mound was during the Kogers 
Island phase of the Mississippian period (A.D. 1200-1500). These human 
remains represent four infants and 24 adults. The human remains were 
too fragmentary to identify sex. No known individuals were identified. 
No associated funerary objects are present.
    From October 1937 to December 1938, human remains representing, at 
minimum, nine individuals were removed from site 1LU92, Lauderdale 
County, AL. Excavation commenced after TVA purchased this land November 
27, 1935 for the Pickwick project. Site 1LU92 was composed of both a 
village and a cemetery. Excavations focused on the cemetery. There was 
no clear stratigraphy at the site. The excavators believed the village 
midden predates the cemetery. The later occupation is attributed to the 
Kogers Island phase of the Mississippian period (A.D. 1200-1500). The 
human remains include two adults and seven sub-adults. The sex could 
not be determined. No known individuals were identified. The 121 
associated funerary objects are 114 shell beads, one bone awl, and six 
McKee Island Plain sherds.
    From February to May 1937, and from February to March 1938, 
excavations took place at site 1LU64, 23 miles downstream from 
Florence, AL, 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. The four 
associated funerary objects are two copper celts and two copper 
earspools.
    From June to September 1936, excavations took place at 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 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 
occupations, including during the Middle Archaic (6000-4000 B.C.), Late 
Archaic (4000-1000 B.C.), Early Woodland (500-100 B.C.), Middle 
Woodland (100 B.C.-A.D. 500), Late Woodland (A.D. 500-1000) and 
Mississippian (A.D. 900-1500). It is not possible to determine from 
which level of occupation a burial unit originated. The two associated 
funerary objects are a bone atlatl hook and a stone atlatl weight.
    From January to February 1938, excavations took place at the Union 
Hollow site 1LU72, in Lauderdale County, AL. Excavation commenced after 
TVA purchased the land encompassing this site in Lauderdale County, AL, 
on October 5, 1936 for the Pickwick Reservoir project. 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 occupations, including during 
the Late Archaic (4000-1000 B.C.), Early Woodland (500-100 B.C.), and 
Mississippian (A.D. 1200-1500). The one associated funerary object is a 
Bell Plain ceramic water bottle.

Determinations Made by the Tennessee Valley Authority

    Officials of the 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 37 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 128 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 judgements of the Indian Claims 
Commission or the Court of Federal Claims, the land from which the 
cultural items 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 cultural items were removed is the aboriginal land of 
The Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(1)(ii), the disposition of the 
cultural items 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 the United Keetoowah Band of Cherokee Indians in 
Oklahoma have declined to accept transfer of control of the human 
remains. The Tennessee Valley

[[Page 38052]]

Authority has agreed to transfer control of the human remains to The 
Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(4), the Tennessee Valley 
Authority has agreed to transfer control of the 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, Tennessee Valley Authority, 400 West Summit Hill 
Drive, WT11C, Knoxville, TN 37902-1401, telephone (865) 632-7458, email 
[email protected], by September 4, 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: July 9, 2019.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2019-16690 Filed 8-2-19; 8:45 am]
BILLING CODE 4312-52-P