[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71092-71093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24681]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0031088; PPWOCRADN0-PCU00RP14.R50000]


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

AGENCY: National Park Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

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 the 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 the TVA at the address in this notice by December 7, 
2020.

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. The human remains and associated funerary 
objects were removed from the Colbert Creek Mound, 1LU54, 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 
representatives of the Alabama-Coushatta Tribe of Texas (previously 
listed as Alabama-Coushatta Tribes of Texas); Cherokee Nation; Eastern 
Band of Cherokee Indians; The Chickasaw Nation; and The Muscogee 
(Creek) Nation (hereafter referred to as ``The Consulted Tribes'').

History and Description of the Remains

    From February 2 to May 12, 1937, human remains representing, at 
minimum, 26 individuals were removed from the Colbert Creek Mound, 
1LU54, in Lauderdale County, AL, by the Alabama Museum of Natural 
History (AMNH) at the University of Alabama. Details regarding the 
excavation of this mound may be found in a report by William Webb and 
David DeJarnette, An archeological Survey of Pickwick Basin in the 
Adjacent Portions of the States of Alabama, Mississippi and Tennessee. 
TVA acquired this site on November 10, 1936, for the Pickwick Reservoir 
project. This site was located near the confluence of Colbert Creek and 
the Tennessee River. While there are no radiocarbon dates from this 
site, the excavated artifacts indicate that the mound was created 
during the Copena phase (A.D. 100-500).
    This burial mound was placed on a natural rise in the second 
terrace adjacent to the Tennessee River. In the historic period, the 
site became part of an African American cemetery. This resulted in 
disturbance of the prehistoric occupation. As the soil was comprised of 
acidic clay and was relatively rock-filled, identifying burial units 
was difficult. Preservation of bone and other organic remains was 
restricted to teeth, skull fragments and impressions of long bones. 
Both extended and bundled burials were encountered. The fragmentary 
nature of the human remains made it difficult to identify sex. One set 
of remains is identified as female and the rest are of indeterminate 
sex. Twenty individuals are adults and six are sub-adults. No known 
individuals were identified. The 13 associated funerary objects include 
seven pieces of galena, one Hillabee schist spade, one chert biface, 
one chert uniface, and three soil and charcoal samples.

[[Page 71093]]

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 26 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 13 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), TVA must offer to 
transfer control of the human remains 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 and 
the Eastern Band of Cherokee Indians have declined to accept transfer 
of control of the human remains. The United Keetoowah Band of Cherokee 
Indians in Oklahoma has not responded. Accordingly, TVA has decided to 
transfer control of the human remains to The Chickasaw Nation.
     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, Tennessee Valley Authority, 400 West Summit Hill 
Drive, WT11C, Knoxville, TN 37902-1401, telephone (865) 632-7458, email 
[email protected], by December 7, 2020. 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: October 22, 2020.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2020-24681 Filed 11-5-20; 8:45 am]
BILLING CODE 4312-52-P