[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8800-8802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02609]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0031400; 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, and has determined 
that there is no cultural affiliation between the human remains and 
associated funerary objects and any present-day Indian Tribes. 
Representatives of any 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 Indian Tribe 
stated in this notice may proceed.

DATES: Representatives of any 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 March 11, 2021.

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 McClung Museum at the 
University of Tennessee, Knoxville, TN (UTK). The human remains and 
associated funerary objects were excavated from sites 40BN12, 40DR1, 
40DR43, and 40HY13 in Benton, Decatur, and Henry Counties, 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 and associated funerary 
objects was made by TVA professional staff in consultation with 
representatives of the Cherokee Nation; Coushatta Tribe of Louisiana; 
Eastern Band of Cherokee Indians; The Chickasaw Nation; The Muscogee 
(Creek) Nation; The Osage Nation (previously listed as Osage Tribe); 
The Seminole Nation of Oklahoma; 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

    From September 12 to November 22, 1940, human remains representing, 
at minimum, 186 individuals were removed from site 40BN12, the Eva site 
in Benton County, TN. This site was excavated as part of TVA's Kentucky 
Reservoir project by the University of Tennessee, using labor and funds 
provided by the Works Progress Administration (WPA). Details regarding 
these excavations are in ``Eva An Archaic Site,'' authored by Thomas 
Lewis and Madeline Kneberg Lewis.
    The human remains represent 68 females, 50 males, and 68 
individuals of undeterminable sex. No known individuals were 
identified. The 257 associated funerary objects include one animal 
bone, one animal incisor, three antler flakers, three antler tines, one 
antler tool, three atlatl hooks, two bannerstones, one beaver molar, 
five blades, 14 bone awls, 10 bone beads, two bone objects, one bone 
pendant, one bone spatula, five coprolites, one daub, four dog burials, 
one dog canine tooth, one dog femur, one drill, two fish hooks, one 
gallstone, one bag of green mineral, two greenstone gorget fragments, 
one hair pin, one hammerstone, two knife bases, 25 lignite fragments, 
24 fragments of ochre, 21 pebbles/drum teeth, 27 projectile points, 77 
snake vertebrae (necklace), one stone, one stone bead, one turkey bone, 
seven pieces of turtle shell, one whetstone, and one worked bone.
    As was common at this time, two perpendicular 3-foot wide trenches 
were placed across the site. Block excavation proceeded based on the 
stratigraphic information derived from the trenches. Below 5-8 inches 
of plow-zone, the excavators identified five strata. The field 
supervisor, David Osborne, described the first stratum as black humic 
soil that lacked shell. Stratum II was comprised of a similar black 
midden soil, but in addition, it contained mussel shell and was nearly 
a meter thick near the center of the site. Stratum III, described as a 
sandy loam of variable thickness, was not found throughout the site. 
Stratum IV was not found in all parts of the site, but was nearly half 
a meter thick in some areas. Shell was present near the base of this 
stratum. Stratum V was found in the southern portion of the site. It 
was sandy and lacked mussel shell. It also had the fewest artifacts. 
NAGPRA cultural items were found in each stratum. The chipped stone 
typology developed by Lewis and Lewis from 40BN12 has served as the 
basis for defining early hunter-gatherer occupations in the mid-
continent. The

[[Page 8801]]

site also produced abundant bone and antler tools such as awls, needles 
and fishhooks. In his 2014 dissertation, Thaddeus Bissett presented 18 
radiocarbon dates from this site. The calibrated calendar dates range 
from 8991  151 to 6338  61 B.P. Bissett's 
dissertation also indicated that occupation at the site mostly dates to 
the Middle Archaic.
    From August 8 to October 17, 1941, human remains representing, at 
minimum, 97 individuals were excavated from the Oak View Landing site, 
40DR1, in Decatur County, TN. Using WPA labor and funds, archeologists 
from the University of Tennessee sought to recover information from 
this site prior to the construction of TVA's Kentucky Reservoir. The 
results of these excavations were never published. A short field report 
by Carrol Burroughs indicates that the site had been disturbed by an 
early 20th century residence and warehouses associated with the river 
landing. In his 2014 dissertation, Bissett estimated that a 4,000 
square-foot area of the site was dug and 78 features were identified, 
including 44 pits, 23 postmolds, three caches of river cobbles, two 
large depressions, and six burned areas. The site plan does not reveal 
any patterning of the postmolds that would suggest a structure or wall 
segment. The plan does indicate a concentration of burials in the 
southwest quadrant of the excavation units. Based on his analysis of 
hafted bifaces and two radiocarbon dates, Bissett concluded that the 
primary occupation of the site ranged from 5000 to 4000 B.P.
    The fragmentary nature of the human remains made it difficult to 
determine the age and sex of the individuals. Of those that could be 
evaluated, 24 were female and 23 were male. They ranged in age from the 
one month to 50 years. No known individuals were identified. The 244 
associated funerary objects include one abrader, 45 animal bones, three 
animal bone flakers, one animal tooth, one antler, nine antler flakers, 
four beaver teeth, one blade tip, 10 bone awls, eight bone beads, two 
bone scrapers, one burned clay object, one piece of chalk, one chipped 
stone biface, 73 copper beads, one deer astragalus, one deer scapula, 
one dog tooth, two drilled dog teeth, four drills, two stone flakes, 
four gorgets, one hammerstone, one hematite, five stone knives, one 
limestone, two needles, one paint rock, 46 projectile points, four 
rodent teeth, one sandstone celt sharpener, two stone scrapers, one 
ceramic sherd, one turtle shell, and two worked bones.
    Between August 4-25, 1941, human remains representing, at minimum, 
one individual were excavated from the West Britt's Landing site, 
40DR43, in Decatur County, TN. Charles Nash led a WPA crew in 
anticipation of the construction of the Kentucky Reservoir. Information 
on 40DR43 has never been published. For some years prior to the 
excavation, this area had been used as a landing and loading dock. This 
disturbance, as well as active erosion by the river, led to the 
destruction of most of the site. Four strata were defined during 
excavation. While ceramics were found only in the top-most stratum, 
stratum three contained most of the cultural deposits. Of the 21 
numbered features identified, most were designated as hearths or 
shallow pits. Two burial units were identified during the excavation, 
but only one retained recoverable human remains. There are no 
radiocarbon dates from this site. The human remains belong to an adult 
male. No known individual was identified. No associated funerary 
objects are present.
    From July through September 1940, human remains representing, at 
minimum, 78 individuals were excavated from the Kays Landing site, 
40HY13, in Henry County, TN. George Lidberg and a WPA crew excavated 
40HY13 in anticipation of the construction of the Kentucky Reservoir. 
The results of these excavations have never been published. Three 
trenches were excavated to identify the stratigraphy at the site. Five 
strata were identified. Stratum I, a black clay loam 4 inches to 3 feet 
thick, covered the entire excavation area and was also the only stratum 
with prehistoric ceramics. The upper portion was disturbed by 
cultivation. Stratum II, composed of 30-50% mussel shell mixed with 
humus and sand, was designated a shell mound by Lidberg. While the full 
extent of this stratum was not determined, in his 2014 dissertation, 
Bissett indicated that it was elliptical and extended roughly 23.5 
meters north to south and 22.8 meters east to west. The shell content 
decreased with depth and graded into Stratum III, a thick layer of sand 
with shell fragments. Stratum III ranged from 2 to 3 feet in thickness. 
Stratum IV extended over all the excavation units and was 1-2 feet 
thick. Lidberg described it as bands of carbon-stained sand 
interspersed with ``clean'' water lain sands.
    Eighteen numbered pits were excavated. Most of them were 
cylindrical and had flat bottoms. Many displayed evidence of burning 
along the sides, but not on the bottoms. The eight numbered features 
included four areas of burned clay or soil that may have represented 
light structures. Also, two accumulations of charcoal and burned bone 
and one cache of three nutting stones and three lithic raw material 
stones were discovered. The post molds do not form a pattern 
representing structures. Based on radiocarbon dates and diagnostic 
bifaces, Bissett identified three occupations of this site. The 
earliest one, represented by strata V and IV, dates to the late Middle 
Archaic, ca. 5500-5100 calibrated years B.P. Based on the number of 
burial units (46) and the quantity of artefacts recovered, this was a 
substantial occupation. The second occupation, represented by strata 
III and II, dates to the Late Archaic, roughly 4800-3800 years B.P. 
Although it does include the shell midden, this was a less extensive 
occupation. The most recent occupation, represented by stratum I, dates 
sometime after 3800 B.P. It was truncated by modern cultivation.
    Of the 78 individuals recovered, 32 were female, 13 were male, and 
33 were of indeterminate sex. Their ages ranged from fetus to 60 years. 
No known individuals were identified. The 955 associated funerary 
objects include nine animal bones, one antler, two beaver teeth, 48 
bone awls (whole and fragments), one bone object, one bone tool, seven 
chert blades, one chert chisel, 10 chert tools, one gorget, 104 
perforated canine teeth, three projectile points, one red ochre, 438 
shell beads, two stone beads, and 326 turtle shell fragments.

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 a 
prehistoric archeological site and osteological analysis.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 362 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 1,456 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.
     The Treaty of October 19, 1818, indicates that the land 
from which the cultural items were removed is the

[[Page 8802]]

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 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 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 March 
11, 2021. 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: January 15, 2021.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2021-02609 Filed 2-8-21; 8:45 am]
BILLING CODE 4312-52-P