[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Notices]
[Pages 17191-17193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06661]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0031606; 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 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 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 associated funerary objects should submit 
a written request to the TVA. If no additional requestors come forward, 
transfer of control of the

[[Page 17192]]

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 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 May 3, 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 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 associated funerary objects were removed 
from the following archeological sites: 1LU5, 1LU25, 1LU59, 1LU67, and 
1LU72 in Lauderdale County, and 1CT8 and 1CT17 in Colbert 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 associated funerary objects. The 
National Park Service is not responsible for the determinations in this 
notice.

Consultation

    A detailed assessment of the associated funerary objects was made 
by TVA professional staff in consultation with representatives of the 
Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe 
of Texas [previously listed as Alabama-Coushatta Tribes of Texas]; 
Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of 
Louisiana; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of 
Oklahoma; Mississippi Band of Choctaw Indians; Poarch Band of Creeks 
[previously listed as Poarch Band of Creek Indians of Alabama]; The 
Chickasaw Nation; The Choctaw Nation of Oklahoma; The Muscogee (Creek) 
Nation; 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

    The sites listed in this notice were excavated as part of TVA's 
Pickwick reservoir project by AMNH, using labor and funds provided by 
the Works Progress Administration (WPA). 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 associated funerary objects listed in this notice have been in the 
physical custody of AMNH since excavation, but they are under the 
control of TVA.
    Human remains and other associated funerary objects from these 
sites were previously listed in Notices of Inventory Completion 
published in the Federal Register (81 FR 60377-60380, September 1, 
2016; 82 FR 39904-39906, August 22, 2017; and 83 FR 65735-65738, 
December 21, 2018) and were transferred to The Chickasaw Nation. During 
a recent improvement in the curation of the TVA archeological 
collections at AMNH, additional associated funerary objects were found.
    In February 1937, excavations took place at the Smithsonia Landing 
site, 1LU5, in Lauderdale County, AL. Excavation commenced after TVA 
acquired the land encompassing site 1LU5 on May 4, 1936. This shell 
midden site had been disturbed by a historic riverboat landing and 
associated buildings. This disturbance and rising reservoir water 
levels led to limited excavations revealing a Late Archaic (4000--1000 
B.C.) occupation. The recently rediscovered associated funerary objects 
include 113 shell beads from burial 2 at this site.
    From April 29, 1938, to November 8, 1940, excavations by the AMNH 
took place at the Perry site, 1LU25, in Lauderdale County, AL. TVA had 
acquired this site for the Pickwick Reservoir project on February 19, 
1937. The 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 one occurring during the terminal 
Middle through Late Archaic periods (4000-1000 B.C.) and the second one 
occurring during the Kogers Island phase of the Mississippian period 
(A.D. 1200-1450). The 37 recently discovered associated funerary 
objects include 32 animal bones, one bone pin, one piece of graphite, 
one chert preform, and two shell beads.
    From September 22, 1936, to September 30, 1937, the Bluff Creek 
site, 1LU59, was excavated in Lauderdale County, AL. TVA had acquired 
this site for the Pickwick Reservoir project on December 23, 1936, and 
the excavation was conducted with Federal funds in anticipation of 
reservoir construction. This shell mound site, at the confluence of 
Bluff Creek and the Tennessee River, was an accumulation of mussel 
shell and village midden, rather than an intentionally constructed 
earthwork. Based on the material culture, this site was occupied during 
the Late Archaic (4000-1000 B.C.), Early Woodland (1000-100 B.C.), 
Middle Woodland (Copena phase, A.D. 100-500), and Late Woodland 
(McKelvey phase, A.D. 500-1000). Shell-tempered ceramics from the 
Mississippian period are found in the upper portion of this shell 
midden. The recently rediscovered 74 associated funerary objects 
include 19 animal bones, eight Baytown Plain var. McKelvey sherds, one 
unmodified piece of chert, four eroded grog-tempered sherds, one fire 
cracked rock, nine Mississippi Plain sherds, 21 Mulberry Creek Cord 
Marked sherds, two shell beads, three smoothed, grog-tempered sherds, 
one stamped, grog-tempered sherd, one Wheeler Check stamped sherd, two 
Wheeler punctate sherds, and two Whithers Fabric Marked sherds.
    From June to September of 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 an 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 the 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 84 associated 
funerary objects include 27 animal bones or bone fragments, one chert 
flake, one Mulberry Creek Plain sherd, two projectile points, and 53 
shell fragments.

[[Page 17193]]

    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 for the Pickwick 
Reservoir project on October 5, 1936. Site 1LU72 was located 
immediately adjacent to the Tennessee River. This shell mound was an 
accumulation of discarded shell, village midden, and alluvial soils, 
rather than an intentionally constructed earthwork. 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 recently found associated funerary objects 
include eight Mississippi Plain ceramic sherds.
    From December 27, 1938, to June 27, 1939, excavations by the AMNH 
took place at the Little Bear Creek site, 1CT8, in Colbert County, AL. 
TVA had acquired this site for the Pickwick Reservoir project on August 
20, 1936. This shell midden site was located at the confluence of 
Little Bear Creek and the Tennessee River. While no radiocarbon dates 
were obtained for this site, the excavated artifacts indicate that all 
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 occupation (A.D. 1200-1500). The 10 recently found 
associated funerary objects include one bone awl, one chipped stone 
hoe, one chipped stone drill, one Little Bear Creek PP/K, one Mulberry 
Creek PP/K, one unidentified PP/K, three preforms, and one White 
Springs PP/K.
    From January 25 to February 22, 1934, associated funerary objects 
were removed by the AMNH from 1CT17 in Colbert County, AL. TVA had 
acquired this land for the Pickwick Reservoir project on June 19, 1936, 
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 was 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. Although 
stratification of the ceramics recovered from the excavation is not 
clear, the ceramics exhibit temper and surface modifications 
characteristic of the Early and Middle Woodland period (300 B.C.-A.D. 
500). In addition, a few shell-tempered ceramics from the Mississippian 
period were found in the upper portion of this shell midden. The three 
recently found associated funerary objects include one antler tool and 
two deer mandibles.

Determinations Made by the Tennessee Valley Authority

    Officials of the Tennessee Valley Authority have determined that:
     Pursuant to 25 U.S.C. 3001(3)(A), the 329 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 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 
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 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 these associated funerary objects.
     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)(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 or Native Hawaiian organization 
not identified in this notice that wish to request transfer of control 
of the 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 May 3, 
2021. After that date, if no additional requestors have come forward, 
transfer of control of the 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: March 16, 2021.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2021-06661 Filed 3-31-21; 8:45 am]
BILLING CODE 4312-52-P