[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39554-39555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14095]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0034135; 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 in consultation with the appropriate Indian 
Tribes and Native Hawaiian organizations and has determined that there 
is no cultural affiliation between the human remains 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 
should submit a written request to the TVA. If no additional requestors 
come forward, transfer of control of the human remains 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 should submit a written 
request with information in support of the request to the TVA at the 
address in this notice by August 1, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Marianne Shuler, Tennessee Valley 
Authority, 400 West Summit Hill Drive, WT11C, Knoxville, TN 37902-1401, 
telephone (865) 253-1265, 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 under 
the control of the Tennessee Valley Authority, Knoxville, TN. The human 
remains were removed from site 1LA40 in Lawrence 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. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by TVA 
professional staff in consultation with representatives of the 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

    In 1934, human remains representing, at minimum, 130 individuals 
were removed by the Alabama Museum of Natural History (AMNH) at the 
University of Alabama from site 1LA40, a cave in Lawrence County, AL, 
as part of TVA's Wheeler Reservoir Project. Details regarding the 
excavation of this site may be found in ``An Archaeological Survey of 
Wheeler Basin on the Tennessee River in Northern Alabama,'' by William 
S. Webb. Excavation took place in five-foot squares by removing six-
inch levels (Webb 1939:68). Layers of ash and burned clay floors were 
encountered during excavation. Most of the habitation appears to have 
been near the mouth of the cave. Webb indicated that all the human 
burials had been disturbed prior to excavation. According to him, 
``Human and animal remains were scattered throughout the deposits 
(1939:68).'' The human remains listed in this notice have been in the 
physical custody of the AMNH since they were excavated. The age and sex 
of these individuals is undetermined, No known individuals were 
identified. No associated funerary objects are present.
    There are no known radiocarbon dates for this site. Artifacts 
recovered suggest occupations during both the Archaic and Mississippian 
periods.

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 130 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the human remains 
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 
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 were removed is the 
aboriginal land of The Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(1), disposition of the human 
remains may be to the Cherokee Nation; Eastern Band of Cherokee 
Indians; The Chickasaw Nation; and the United Keetoowah Band of 
Cherokee Indians in Oklahoma (hereafter referred to as ``The Tribes'').

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 should submit a written request with information 
in support of the request to Ms. Marianne Shuler, Tennessee Valley 
Authority, 400 West Summit Hill Drive, WT11C, Knoxville, TN 37902-1401, 
telephone (865) 253-1265, email [email protected], by August 1, 2022. 
After that date, if no additional requestors have come forward, 
transfer of control of the human remains to The Tribes may proceed.
    The Tennessee Valley Authority is responsible for notifying The 
Tribes and The Consulted Tribes that this notice has been published.


[[Page 39555]]


    Dated: June 22, 2022.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022-14095 Filed 6-30-22; 8:45 am]
BILLING CODE 4312-52-P