[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Notices]
[Pages 5499-5500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02036]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0033204; PPWOCRADN0-PCU00RP14.R50000]


Native American Graves Protection and Repatriation Review 
Committee Finding Regarding the Cultural Affiliation of Human Remains 
and Associated Funerary Objects Removed From, and Adjacent to, 
Moundville Archeological Site (1TU500) Located in Tuscaloosa County, AL

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: On November 23, 2021, the Native American Graves Protection 
and Repatriation Review Committee (Review Committee) found, based on 
the information provided before and during its public meeting, that a 
cultural affiliation exists between the present-day Muskogean-speaking 
Indian Tribes and the earlier group connected to human remains and 
funerary objects excavated at, and adjacent to, the Moundville 
archeological site (1Tu500), in Tuscaloosa County, AL. The 
recommendations, findings, and actions in this notice are advisory only 
and are not binding on any person. Pursuant to the Native American 
Graves Protection and Repatriation Act (NAGPRA or the Act), the Review 
Committee is responsible for reviewing and making findings related to 
the identity or cultural affiliation of cultural items. The National 
Park Service is not responsible for the determinations in this notice.

ADDRESSES: The meeting transcript containing the Review Committee 
proceedings and deliberation for this finding are available online at 
www.nps.gov/subjects/nagpra/index.htm or upon an email request to the 
National NAGPRA Program ([email protected]).

FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager and 
Designated Federal Official, National NAGPRA Program, 1849 C Street NW, 
Washington, DC 20240, telephone (202) 354-2201, email 
[email protected].

SUPPLEMENTARY INFORMATION: The Native American Graves Protection and 
Repatriation Review Committee (Review Committee) found that a cultural 
affiliation exists between the present-day Muskogean-speaking Indian 
Tribes and the earlier group connected to human remains and funerary 
objects excavated at, and adjacent to, the Moundville archeological 
site (1Tu500), in Tuscaloosa County, AL. The recommendations, findings, 
and actions in this notice are advisory only and are not binding on any 
person. Pursuant to the Native American Graves Protection and 
Repatriation Act (NAGPRA or the Act), the Review Committee is 
responsible for reviewing and making findings related to the identity 
or cultural affiliation of cultural items. 25 U.S.C. 3006(c)(3)(A).
    These advisory findings do not necessarily represent the views of 
the National Park Service or Secretary of the Interior. The National 
Park Service and the Secretary of the Interior have not taken a 
position on these matters. The Review Committee established by Section 
8 of the Act (25 U.S.C. 3006) is an advisory body governed by the 
Federal Advisory Committee Act. Under the Act, upon the request of any 
affected party, the Review Committee is responsible for reviewing and 
making findings related to the identity or cultural affiliation of 
cultural items. 25 U.S.C. 3006(c)(3)(A).

Background

    Under the Act, ``cultural affiliation'' means that there is a 
relationship of shared group identity that can be reasonably traced 
between a present-day Indian Tribe and an identifiable earlier group. 
25 U.S.C. 3001(2). Cultural affiliation of Native American human 
remains and associated funerary objects is established by compiling an 
inventory, based on information possessed by a museum or Federal agency 
and in consultation with Indian Tribes and Native Hawaiian 
organizations. 25 U.S.C. 3003. When cultural affiliation is not 
established in an inventory, then, upon request, Native American human 
remains and associated funerary objects must be expeditiously returned 
where a requesting Indian Tribe or Native Hawaiian organization can 
show cultural affiliation by a preponderance of the evidence based upon 
the following kinds of relevant information: Geographical, kinship, 
biological, archeological, anthropological, linguistic, folkloric, oral 
traditional, historical, or other relevant information or expert 
opinion. 25 U.S.C. 3005(a)(4).

Request for a Finding

    At its November 23, 2021, virtual pubic meeting, the Review 
Committee heard a request from the following affected parties for a 
finding of fact: The Choctaw Nation of Oklahoma, The Chickasaw Nation, 
Coushatta Tribe of Louisiana, The Muscogee (Creek) Nation, Seminole 
Tribe of Florida [previously listed as Seminole Tribe of Florida 
(Dania, Big Cypress, Brighton,

[[Page 5500]]

Hollywood, & Tampa Reservations)], and The Seminole Nation of Oklahoma, 
with support from the Jena Band of Choctaw Indians and the Alabama-
Coushatta Tribe of Texas [previously listed as Alabama-Coushatta Tribes 
of Texas]. The question presented was whether the present-day 
Muskogean-speaking Indian Tribes are culturally affiliated with the 
human remains and funerary objects excavated at, and adjacent to, the 
Moundville archeological site (1TU500), in Tuscaloosa County, AL. The 
Review Committee considered the relevant information submitted by the 
requestors, which included the following types of evidence: Linguistic, 
oral tradition, geographical, kinship, biological, archeological, 
historical, and anthropological.
    During discussion, members of the Review Committee noted that the 
requestors had asked for a finding based upon a preponderance of the 
evidence and asked whether a finding of cultural affiliation by a 
preponderance of the evidence would differ from a finding by a 
reasonable basis. In response, attorneys from the Department's Office 
of the Solicitor stated that, in practice, preponderance of the 
evidence and reasonable basis are similar standards for determining 
whether the evidence leans slightly more one way than the other. The 
Review Committee noted several times that the University of Alabama did 
not have an opportunity to present information on this matter to the 
Review Committee. One member stated that the preponderance of the 
evidence means a weighing between two sides, and since the Review 
Committee had heard the tribal case but not the museum's case the 
reasonable basis standard was appropriate.

Finding of Fact

    All six currently appointed Review Committee members participated 
in the fact finding. By a vote of five in favor and one abstention, the 
Review Committee found that, based on the evidence before it, there is 
a preponderance of the evidence for cultural affiliation between the 
human remains and funerary objects originating from, and adjacent to, 
the Moundville archeological site (1Tu500) and the present-day 
Muskogean-speaking Indian Tribes. The abstaining member requested, and 
the other members agreed, that a statement be appended to the finding. 
This statement is that the one abstaining member of the Review 
Committee found that, based on the evidence before the Review 
Committee, there is a reasonable basis for cultural affiliation between 
the human remains and funerary objects originating from, or adjacent 
to, the Moundville archeological site (1Tu500) and the present-day 
Muskogean-speaking Indian Tribes. The requesting, affected parties 
making a request for this finding are: The Choctaw Nation of Oklahoma, 
The Chickasaw Nation, Coushatta Tribe of Louisiana, The Muscogee 
(Creek) Nation, Seminole Tribe of Florida [previously listed as 
Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood, & 
Tampa Reservations)], and The Seminole Nation of Oklahoma, with support 
from the Jena Band of Choctaw Indians and the Alabama-Coushatta Tribe 
of Texas [previously listed as Alabama-Coushatta Tribes of Texas].
    This finding was approved for publication by the Chair of the 
Review Committee, Francis P. McManamon.

    Dated: January 26, 2022.
Melanie O'Brien,
Designated Federal Official, Native American Graves Protection and 
Repatriation Review Committee.
[FR Doc. 2022-02036 Filed 1-31-22; 8:45 am]
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