[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Notices]
[Pages 58402-58403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15831]


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

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0038302; PPWOCRADN0-PCU00RP14.R50000]


Notice of Intended Repatriation: University of Tennessee, 
Department of Anthropology, Knoxville, TN, and Tennessee Department of 
Environment and Conservation, Division of Archaeology, Nashville, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

SUMMARY: In accordance with the Native American Graves Protection and 
Repatriation Act (NAGPRA), the University of Tennessee, Department of 
Anthropology (UTK) and the Tennessee Department of Environment and 
Conservation, Division of Archaeology (TDEC-DOA) intend to repatriate 
certain cultural items that meet the definition of sacred objects and 
that have a cultural affiliation with the Indian Tribes or Native 
Hawaiian organizations in this notice.

DATES: Repatriation of the cultural items in this notice may occur on 
or after August 19, 2024.

ADDRESSES: Dr. Ellen Lofaro, University of Tennessee, Office of 
Repatriation, 5723 Middlebrook Pike, Knoxville, TN 37921-6053, 
telephone (865) 974-3370, email [email protected] and Phillip R. Hodge, 
Tennessee Department of Environment and Conservation, Division of 
Archaeology, 1216 Foster Avenue, Cole Building #3, Nashville, TN 37243, 
telephone (615) 626-2025, email [email protected].

SUPPLEMENTARY INFORMATION: This notice is published as part of the 
National Park Service's administrative responsibilities under NAGPRA. 
The determinations in this notice are the sole responsibility of UTK 
and TDEC-DOA, and additional information on the determinations in this 
notice, including the results of consultation, can be found in the 
summary or related records. The National Park Service is not 
responsible for the determinations in this notice.

Abstract of Information Available

    A total of five cultural items have been requested for 
repatriation. The five sacred objects are five dog burials (remains and 
associated objects). These dog burials were removed from 40GL26, the 
Bailey site, in Giles County, TN. The Bailey site was identified during 
an archeological survey by the Tennessee Department of Transportation 
(TDOT) due to proposed replacement of a bridge over Sugar Creek and 
relocation of part of State Route 11. TDOT applied for and received the 
required permits from TDEC-DOA, and UTK was contracted to excavate. UTK 
excavated from May 20 to August 23, 1986. All cultural material and 
disinterred burials were transferred to UTK, where they have been 
housed since. To our knowledge, no known hazardous substances were used 
to treat any of the cultural items.
    Giles County, TN is part of lands ceded to the United States by the 
Chickasaw, as recorded in, Treaty with the Chickasaw, 1805. Giles 
County, TN is also part of lands ceded to the United States by the 
Cherokee, as recorded in, Treaty with the Cherokee, 1806, and Treaty 
with the Cherokee, 1807. Tribal oral tradition also establishes that 
Muscogee (Creek) Ancestors once inhabited Giles County.
    These objects were identified as sacred objects through 
consultation; specifically in reference to the role of the white dog 
Ofi' Tohbi Ishto' in the Chickasaw Migration story and the need of The 
Chickasaw Nation to venerate these animals alongside ancestral remains 
in current day reburial practices.

Determinations

    UTK and TDEC-DOA have determined that:
     The five sacred objects described in this notice are 
specific ceremonial objects needed by a traditional Native American 
religious leader for present-

[[Page 58403]]

day adherents to practice traditional Native American religion, 
according to the Native American traditional knowledge of a lineal 
descendant, Indian Tribe, or Native Hawaiian organization.
     There is a reasonable connection between the cultural 
items described in this notice and the Cherokee Nation; Eastern Band of 
Cherokee Indians; Poarch Band of Creek Indians; The Chickasaw Nation; 
and The Muscogee (Creek) Nation.

Requests for Repatriation

    Additional, written requests for repatriation of the cultural items 
in this notice must be sent to the authorized representative identified 
in this notice under ADDRESSES. Requests for repatriation may be 
submitted by any lineal descendant, Indian Tribe, or Native Hawaiian 
organization not identified in this notice who shows, by a 
preponderance of the evidence, that the requestor is a lineal 
descendant or a culturally affiliated Indian Tribe or Native Hawaiian 
organization.
    Repatriation of the cultural items in this notice to a requestor 
may occur on or after August 19, 2024. If competing requests for 
repatriation are received, UTK and TDEC-DOA must determine the most 
appropriate requestor prior to repatriation. Requests for joint 
repatriation of the cultural items are considered a single request and 
not competing requests. UTK and TDEC-DOA are responsible for sending a 
copy of this notice to the Indian Tribes and Native Hawaiian 
organizations identified in this notice and to any other consulting 
parties.
    Authority: Native American Graves Protection and Repatriation Act, 
25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.

    Dated: July 10, 2024.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2024-15831 Filed 7-17-24; 8:45 am]
BILLING CODE 4312-52-P