[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Notices]
[Pages 61139-61142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16705]


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

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0038349; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: University of Tennessee, 
Department of Anthropology, Knoxville, 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) has completed an inventory of human remains and 
associated funerary objects and has determined that there is a cultural 
affiliation between the human remains and associated funerary objects 
and Indian Tribes or Native Hawaiian organizations in this notice.

DATES: Repatriation of the human remains and associated funerary 
objects in this notice may occur on or after August 29, 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].

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 additional information on the determinations in this notice, 
including the results of consultation, can be found in its inventory or 
related records. The National Park Service is not responsible for the 
determinations in this notice.

Abstract of Information Available

    Human remains representing, at least, 24 individuals have been 
identified. The seven associated funerary objects are one lot of faunal 
remains, one lot of historic objects, one lot of ceramics, one lot of 
mica, one lot of lithics, one lot of botanicals, and one lot of shell. 
In September 2004, local children found the remains in a cave, (site 
40AN236), in Anderson County, TN. Members of the Anderson County 
Sherriff's Department were called to investigate. The Sherriff's 
Department contacted the UTK Forensic Anthropology Center (FAC) for 
assistance in recovering the remains. The remains were removed in 2004 
and housed at the FAC as case 04-23. In 2009, the remains were 
transferred to Dr. Nicholas Herrmann (formerly of UTK) at Mississippi 
State University. At an unknown date, the remains were returned to the 
FAC, where they remained until they were recently transferred to the 
UTK Office of Repatriation (OR). To our knowledge, no potentially 
hazardous substances were used to treat the remains or objects.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. On February 11, 
2008, a person brought the remains (found in a cave on her property), 
to the Anderson County (Tennessee) Sherriff's Department. Investigators 
contacted the FAC, and on February 14, Nicholas Herrmann accompanied 
the investigators to the cave. Herrmann recorded multiple individuals 
within the cave, severely disturbed by looters. Except for the original 
remains brought to the Sherriff's Department, all the remains found in 
the cave were reburied on site by Herrmann after his examination. The 
original remains were examined by Herrmann, determined to be Native 
American, and were retained by the FAC as case 08-03. They remained at 
the FAC until they were recently transferred to the OR. To our 
knowledge, no potentially hazardous substances were used to treat the 
remains.
    Human remains representing, at least, two individuals have been 
identified. No associated funerary objects are present. On October 6, 
1981, a member of the Elizabethton Police Department contacted Dr. 
William Bass to inform him that remains had been disinterred by a 
backhoe during construction of a culvert in Elizabethton, Carter 
County, TN. The remains were sent to the FAC for examination and 
arrived at UTK on October 12, 1981. Patrick Willey examined the remains 
on October 22. They were determined to be Native American, and they 
were retained as case 81-22. They remained at the FAC until they were 
recently transferred to the OR. Some of the remains have been 
``repaired'' using glue, but to our knowledge, no potentially hazardous 
substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. On March 17, 
1991, the remains were found in a rock shelter in Eagan, Claiborne 
County, TN. On March 18, the Claiborne County Sherriff's Office called 
Bass at UTK for assistance. UTK graduate student Theresa Woltanski met 
a representative of the Sherriff's Office at the site and determined 
the remains were likely archaeological. The remains were brought to the 
FAC for examination, were determined to be Native American, and were 
retained as case 91-9. They remained at the FAC until they were 
recently transferred to the OR. To our knowledge, no potentially 
hazardous substances were used to treat the remains.
    Human remains representing, at least, three individuals have been 
identified. The two associated funerary objects are one lot of faunal 
remains, and one lot of lithics. At an unknown date, these remains were 
removed from an unknown cave site in Tazewell, Claiborne County, TN, by 
an unknown party. On May 18, 1993, a Tennessee Bureau of Investigation 
(TBI) agent transferred the remains to the FAC for examination, and 
upon completion, they were determined to be Native American, and were 
retained as case 93-22. They remained at the FAC until they were 
recently transferred to the OR. Some of the remains were ``repaired'' 
using glue, and plaster is present on some of the remains. To our 
knowledge, no other substances, hazardous or other, were used to treat 
the remains.
    Human remains representing, at least, one individual have been 
identified. The two associated funerary objects are one lot of faunal 
remains, and one lot of burial soil. At an unknown date, an unknown 
party removed the remains from a cave site in Claiborne County, TN. On 
February 26, 1996, the remains were transferred from the Claiborne 
County Sherriff's Office to the FAC for examination, and upon 
completion, they were determined to be Native American and were 
retained as case 96-8. They remained at the FAC until they were 
recently transferred to the OR. Some of the remains were 
``reconstructed'' using glue, but to our knowledge, no potentially 
hazardous

[[Page 61140]]

substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. On November 12, 
1996, hunters found a wooden box containing the remains in the woods in 
Claiborne County, TN, and notified police. The Claiborne County 
Sherriff's Department contacted Bass at UTK for assistance, and they 
were transferred to the FAC the following day. Dr. Richard Jantz 
examined the remains, and determined they were likely Native American, 
and not of medico-legal concern (i.e., not a missing person or crime 
victim). The remains were retained as case 96-34, and they remained 
there until they were recently transferred to the OR. To our knowledge, 
no potentially hazardous substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. At an unknown 
date, around January 2005, these remains were removed from an unknown 
cave site in Fentress County, TN, by an unknown party. On January 24, 
2005, these remains were delivered to Lee Meadows Jantz (of the FAC) by 
the Fentress County rescue squad. A team including Meadows Jantz 
returned to the cave on January 6, 2006, for further investigation. 
Other remains observed there were left in the cave. After examination 
of the site and the remains, Meadows Jantz determined the remains were 
Native American. The remains originally brought to the FAC were 
retained as case 05-37. They remained at the FAC until they were 
recently transferred to the OR. To our knowledge, no potentially 
hazardous substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. On November 20, 
2006, a child digging in Fentress County, TN found the remains eroding 
from a bluff and alerted the police. The Fentress County Sherriff's 
Department transferred the remains to the FAC, where they were received 
on December 5, 2006. After examination was complete, the remains were 
determined to be Native American, and were retained as case 06-33. They 
remained at the FAC until they were recently transferred to the OR. To 
our knowledge, no potentially hazardous substances were used to treat 
the remains.
    Human remains representing, at least, one individual have been 
identified. The two associated funerary objects are one lot of faunal 
remains, and one lot of charcoal. A man found the remains after 
entering a cave in Hawkins County, TN, in February 1988. He left them 
in place and contacted the Hawkins County Sherriff's Office. The 
Sherriff's Office contacted Bass on February 13, 1988. On February 15, 
FAC staff went to the cave and removed the remains. They searched for 
additional remains but found none. The remains were transferred to the 
FAC and assessed by Patrick Willey and Stephen Langdon. After the 
examination was complete, the remains were determined to be Native 
American, and were retained as case 88-3. To our knowledge, no 
potentially hazardous substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. The one associated funerary object is one lot of lithics. 
On an unknown date, around June or July 1991, the remains were removed 
by an unknown party from a farm in Jackson County, TN. The remains were 
brought to the FAC by a TBI Special Agent, and a representative of the 
District Attorney's office on July 12, 1991. The remains were assessed 
by Bass' graduate students William Grant and Theresa Woltanski. After 
the examination was complete, the remains were determined to be Native 
American, and were retained as case 91-26. They remained at the FAC 
until they were recently transferred to the OR. To our knowledge, no 
potentially hazardous substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. The two associated funerary objects are one lot of 
botanicals and one lot of faunal remains. These remains were removed 
from 40MC1, (Bugtussle Rockshelter), in Macon County, TN, on February 
11, 1983. Looters uncovered the burial while digging at the site. This 
discovery came to the attention of the TBI. Once the remains were 
determined to from a Native American burial, a TBI agent contacted Bass 
at UTK. At Bass' request, the remains were transferred to the FAC. 
After Bass completed examination, the remains were assigned FAC case 
number 83-3, and housed at the McClung Museum of Natural History and 
Culture at UTK until they were recently transferred to the OR. To our 
knowledge, no potentially hazardous substances were used to treat the 
remains.
    Human remains representing, at least, one individual have been 
identified. The one associated funerary object is one lot of faunal 
remains. These remains were reportedly found lying on the ground in 
Clarksville, Montgomery County, TN, on August 19, 1982, and given to 
the Clarksville Police Department. The remains were sent to the FAC 
around September 10, 1982, and were retained by the FAC as case 82-17. 
After examination, they were determined to be likely Native American. 
They remained at the FAC until they were recently transferred to the 
OR. To our knowledge, no potentially hazardous substances were used to 
treat the remains.
    Human remains representing, at least, one individual have been 
identified. The one associated funerary object is one lot of faunal 
remains. On February 20, 1997, a TBI Special Agent contacted Bass about 
these remains, which had been found by construction workers under 
wooden pallets in an abandoned barn in Montgomery County, TN. Bass and 
two students accompanied the Agent and law enforcement officials to the 
scene and subsequently transferred the remains to the FAC for 
assessment. Once examined, they were determined to be Native American, 
and were retained as case 97-6. They remained at the FAC until they 
were recently transferred to the OR. At an unknown date, glue was used 
in an attempt to ``reconstruct'' some of the remains, but to our 
knowledge, no potentially hazardous substances were used to treat the 
remains.
    Human remains representing, at least, two individuals have been 
identified. The two associated funerary objects are one lot of 
ceramics, and one lot of lithics. These individuals were found in 
September 2002, in a shed, near a barrel reportedly containing lithics 
and stone, on recently purchased property in Montgomery County, TN. The 
landowner gave the remains to someone else, who subsequently 
transferred them to Montgomery County law enforcement officials. The 
Montgomery County Sheriff's Office contacted FAC staff for assistance 
in determining the age and ethnicity of the individuals. After the FAC 
established that the remains were Native American in origin and not of 
medico-legal concern, the remains were retained by the FAC as case 02-
39. They remained at the FAC until they were recently transferred to 
the OR. Glue is present on some of the remains, but to our knowledge, 
no potentially hazardous substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. The remains 
were reportedly found in a box in Livingston, Overton County, TN, in 
early 2004. The Livingston Police Department contacted the FAC for 
assistance on October 9, 2004. The remains were transferred by the

[[Page 61141]]

department to the FAC on October 11, 2004. After the remains were 
identified as Native American and not of medico-legal concern the 
remains were retained as case 04-25. They remained at the FAC until 
they were recently transferred to the OR. To our knowledge, no 
potentially hazardous substances were used to treat the remains.
    Human remains representing, at least, two individuals have been 
identified. The three lots of associated funerary objects are one lot 
of lithics, one lot of ceramics, and one lot of faunal remains. On an 
unknown date, around December 1982, these remains were found in a cave 
in Pickett County, TN. On December 30, 1982, an Assistant District 
Attorney (ADA) for the 5\th\ Judicial District contacted Bass to inform 
him of the discovery. The following day the ADA delivered the remains 
to Bass' home for assessment. On January 8, 1983, Bass and a group of 
students returned to the cave to investigate. After the remains were 
examined, they were determined to be Native American, and were retained 
by the FAC as case 82-21. They remained at the FAC until they were 
recently transferred to the OR. To our knowledge, no potentially 
hazardous substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. The one associated funerary object is one lot of an unknown 
fibrous material. The remains were found by highway workers in Putnam 
County, TN, and turned over to law enforcement officials. A 
representative of the Cookeville Police Department brought the remains 
to the FAC for examination on February 6, 2003. After the examination 
was complete, they were determined to be Native American, and were 
retained as case 03-03. They remained at the FAC until they were 
recently transferred to the OR. The remains appear to have possibly 
been treated with an unknown preservative.
    Human remains representing, at least, four individuals have been 
identified. The one associated funerary object is one lot of faunal 
remains. At an unknown date, these remains were removed from a 
rockshelter in Scott County, TN by an unknown party. On April 2, 2001, 
FAC staff were contacted by a Scott County ADA. The remains were 
transferred to the FAC later that day, and additional remains were 
subsequently collected by law enforcement officials and FAC staff once 
the origin (the rockshelter) of the disturbed burial was identified. 
All the removed remains were examined by the FAC, determined to be 
Native American, and retained as case 01-22. They remained at the FAC 
until they were recently transferred to the OR. To our knowledge, no 
potentially hazardous substances were used to treat the remains.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. In July 1992, 
utility workers discovered the remains under a rock in Sumner County, 
TN, and alerted the police. On September 8, 1992, the Sumner County 
Sheriff's Department contacted Bass and sent the remains to the FAC on 
September 9. After the remains were examined, they were determined to 
be Native American and were retained as case 92-23. They remained at 
the FAC until they were recently transferred to the OR. To our 
knowledge, no potentially hazardous substances were used to treat the 
remains.
    Human remains representing, at least, one individual have been 
identified. No associated funerary objects are present. These remains 
were recovered in October 1995 by a detective from the Sumner County 
Sherriff's Office during an investigation of a burglary in Sumner 
County, TN. The person from whose home the remains had been stolen 
stated that a friend of his had removed them from ``an Indian burial 
ground'' on his property 20-30 years before. The detective contacted 
Bass and Bass met the detective in Nashville on October 19, 1995, 
likely to pick up the remains and bring them back to Knoxville. Once 
Bass' report was complete (around October 31), the remains were 
determined to be Native American, and were retained by the FAC as case 
95-26. They remained at the FAC until they were recently transferred to 
the OR. Glue is present on the remains, but to our knowledge, no 
potentially hazardous substances were used to treat the remains.
    Human remains representing, at least, seven individuals have been 
identified. The two associated funerary objects are one lot of faunal 
remains, and one lot of stone. The remains were discovered by two boys 
digging in a cave north of Maynardville, Union County, TN, on November 
23, 1980. The remains were brought to the FAC the following day by 
Union County Sheriff's Deputies for Bass to examine. After Bass' report 
was submitted to Union County officials on January 27, 1981, the 
remains were determined to be Native American, and were retained by as 
case 80-13. They remained at the FAC until they were recently 
transferred to the OR. To our knowledge, no potentially hazardous 
substances were used to treat the remains.
    Anderson, Claiborne, Fentress, Hawkins, Jackson, Montgomery, 
Overton, Pickett, Putnam, Scott, Sumner, and Union Counties are part of 
the Ancestral Homelands of the Cherokee, as established in Treaties 
with the Cherokee, 1785, 1791, 1798, 1805. Historical information 
(Treaty of Sycamore Shoals) confirms that Carter and Macon Counties are 
also part of the Ancestral Homelands of the Cherokee.

Cultural Affiliation

    Based on the information available and the results of consultation, 
cultural affiliation is reasonably identified by the geographical 
location or acquisition history of the human remains and associated 
funerary objects described in this notice.

Determinations

    UTK has determined that:
     The human remains described in this notice represent the 
physical remains of 59 individuals of Native American ancestry.
     The 27 objects described in this notice are reasonably 
believed to have been placed intentionally with or near individual 
human remains at the time of death or later as part of the death rite 
or ceremony.
     There is a connection between the human remains and 
associated funerary objects described in this notice and the Cherokee 
Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band 
of Cherokee Indians in Oklahoma.

Requests for Repatriation

    Written requests for repatriation of the human remains and 
associated funerary objects in this notice must be sent to the 
authorized representative identified in this notice under ADDRESSES. 
Requests for repatriation may be submitted by:
    1. Any one or more of the Indian Tribes or Native Hawaiian 
organizations identified in this notice.
    2. 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 an Indian Tribe or Native Hawaiian organization with 
cultural affiliation.
    Repatriation of the human remains and associated funerary objects 
described in this notice to a requestor may occur on or after August 
29, 2024. If competing requests for repatriation are received, UTK must 
determine the most appropriate requestor prior to repatriation. 
Requests for joint repatriation of the human remains and associated 
funerary objects are considered a single request and not

[[Page 61142]]

competing requests. UTK is responsible for sending a copy of this 
notice to the Indian Tribes and Native Hawaiian organizations 
identified in this notice.
    Authority: Native American Graves Protection and Repatriation Act, 
25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.

    Dated: July 17, 2024
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2024-16705 Filed 7-29-24; 8:45 am]
BILLING CODE 4312-52-P