80_FR_46747 80 FR 46597 - Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN

80 FR 46597 - Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46597-46598
FR Document2015-19267

The Tennessee Valley Authority (TVA) has completed an inventory of human remains in consultation with the appropriate federally recognized Indian tribes and has determined that there is no cultural affiliation between the human remains and any present-day federally recognized Indian tribes. Representatives of any federally recognized Indian tribe not identified in this notice that wish to request transfer of control of these human remains should submit a written request to TVA. If no additional requestors come forward, transfer of control of the human remains to the federally recognized Indian tribe stated in this notice may proceed.

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46597-46598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19267]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-18496; 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 
federally recognized Indian tribes and has determined that there is no 
cultural affiliation between the human remains and any present-day 
federally recognized Indian tribes. Representatives of any federally 
recognized Indian tribe not identified in this notice that wish to 
request transfer of control of these human remains should submit a 
written request to TVA. If no additional requestors come forward, 
transfer of control of the human remains to the federally recognized 
Indian tribe stated in this notice may proceed.

DATES: Representatives of any federally recognized Indian tribe 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 TVA at the address in this notice by 
September 4, 2015.

ADDRESSES: Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11D, 
Knoxville, TN 37902-1401, telephone (865) 632-7458, email 
tomaher@tva.gov.

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 and possession of TVA. The human remains were removed from 
site 40MI21, in Marion County, TN.
    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's 
professional staff in consultation with representatives of the Absentee 
Shawnee Tribe of Oklahoma; Alabama-Coushatta Tribe of Texas (previously 
listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte 
Tribal Town; Cherokee Nation; Eastern Band of Cherokee Indians; Eastern 
Shawnee Tribe of Oklahoma; Kialegee Tribal Town; Poarch Band of Creeks 
(previously listed as the Poarch Band of Creek Indians of Alabama); 
Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation of 
Oklahoma; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; 
and the United Keetoowah Band of Cherokee Indians in Oklahoma.

History and Description of the Remains

    Between 1964 and 1965, human remains representing, at minimum, two 
individuals were removed from site 40MI21, in Marion County, TN, by 
amateur archeologists following the building of Nickajack Dam. TVA has 
under its control and in its physical possession human remains from one 
adult male and one adult female. No known individuals were identified. 
No associated funerary objects are present.
    Ernest A. Bachman and others removed 20 burials from site 40MI21 
between 1964 and 1965 and reported on this in the Tennessee 
Archaeologist (Bachman 1966). Bachman indicated that an erosional 
trench was being cut through the site as a result of dredging, 
revealing human burials. Bachman states that some of the non-funerary 
ceramic artifacts were examined by the University of Tennessee and 
identified as representing Late Archaic (c. 3000-1000 B.C.) and 
Woodland (900 B.C.-A.D. 900) components.
    Since no funerary objects accompanied the human remains under the 
control of TVA, it is not known if they were derived from the Late 
Archaic or the Woodland occupation. The lack of any detailed 
information on these human remains leads TVA to determine that they are 
culturally unidentifiable.

Determinations Made by the Tennessee Valley Authority

    Officials of TVA 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 
prehistoric archeological contexts.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 2 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 Native American 
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 
Native American human remains 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.
     Pursuant to 43 CFR 10.11(c)(1)(ii), TVA has decided to 
transfer control of the culturally unidentifiable human remains to the 
Cherokee Nation, Eastern Band of Cherokee Indians, and the United 
Keetoowah Band of Cherokee Indians in Oklahoma.

Additional Requestors and Disposition

    Representatives of any federally recognized Indian tribe 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 Dr. Thomas O. Maher, TVA, 400 West Summit 
Hill Drive, WT11D, Knoxville, TN 37902-1401, telephone (865) 632-7458, 
email tomaher@tva.gov, by September 4, 2015. After that date, if no 
additional requestors have come forward, transfer of control of the 
human remains to the Cherokee Nation, Eastern Band of Cherokee Indians, 
and the United Keetoowah Band of Cherokee Indians in Oklahoma may 
proceed.
    TVA is responsible for notifying the Absentee Shawnee Tribe of 
Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the 
Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; 
Cherokee Nation; Eastern Band of Cherokee Indians; Eastern Shawnee 
Tribe of Oklahoma; Kialegee Tribal Town; Poarch Band of Creeks 
(previously listed as the Poarch Band of Creek Indians of Alabama); 
Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation of 
Oklahoma; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; 
and the United Keetoowah Band of Cherokee Indians in Oklahoma that this 
notice has been published.


[[Page 46598]]


    Dated: June 29, 2015.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2015-19267 Filed 8-4-15; 8:45 am]
 BILLING CODE 4312-50-P



                                                                               Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices                                           46597

                                                    Oklahoma that this notice has been                      institution, or Federal agency that has               are Native American based on their
                                                    published.                                              control of the Native American human                  presence in prehistoric archeological
                                                     Dated: June 29, 2015.                                  remains. The National Park Service is                 contexts.
                                                    Melanie O’Brien,
                                                                                                            not responsible for the determinations                  • Pursuant to 25 U.S.C. 3001(9), the
                                                                                                            in this notice.                                       human remains described in this notice
                                                    Manager, National NAGPRA Program.
                                                    [FR Doc. 2015–19241 Filed 8–4–15; 8:45 am]              Consultation                                          represent the physical remains of 2
                                                                                                                                                                  individuals of Native American
                                                    BILLING CODE 4312–50–P                                     A detailed assessment of the human                 ancestry.
                                                                                                            remains was made by TVA’s
                                                                                                            professional staff in consultation with                 • Pursuant to 25 U.S.C. 3001(2), a
                                                    DEPARTMENT OF THE INTERIOR                              representatives of the Absentee                       relationship of shared group identity
                                                                                                            Shawnee Tribe of Oklahoma; Alabama-                   cannot be reasonably traced between the
                                                    National Park Service                                                                                         Native American human remains and
                                                                                                            Coushatta Tribe of Texas (previously
                                                    [NPS–WASO–NAGPRA–18496;                                 listed as the Alabama-Coushatta Tribes                any present-day Indian tribe.
                                                    PPWOCRADN0–PCU00RP14.R50000]                            of Texas); Alabama-Quassarte Tribal                     • According to final judgments of the
                                                                                                            Town; Cherokee Nation; Eastern Band of                Indian Claims Commission or the Court
                                                    Notice of Inventory Completion:                         Cherokee Indians; Eastern Shawnee                     of Federal Claims, the land from which
                                                    Tennessee Valley Authority, Knoxville,                  Tribe of Oklahoma; Kialegee Tribal                    the Native American human remains
                                                    TN                                                      Town; Poarch Band of Creeks                           were removed is the aboriginal land of
                                                    AGENCY:   National Park Service, Interior.              (previously listed as the Poarch Band of              the Cherokee Nation, Eastern Band of
                                                                                                            Creek Indians of Alabama); Shawnee                    Cherokee Indians, and the United
                                                    ACTION:   Notice.
                                                                                                            Tribe; The Chickasaw Nation; The                      Keetoowah Band of Cherokee Indians in
                                                    SUMMARY:    The Tennessee Valley                        Muscogee (Creek) Nation of Oklahoma;                  Oklahoma.
                                                    Authority (TVA) has completed an                        The Seminole Nation of Oklahoma;                        • Pursuant to 43 CFR 10.11(c)(1)(ii),
                                                    inventory of human remains in                           Thlopthlocco Tribal Town; and the                     TVA has decided to transfer control of
                                                    consultation with the appropriate                       United Keetoowah Band of Cherokee                     the culturally unidentifiable human
                                                    federally recognized Indian tribes and                  Indians in Oklahoma.                                  remains to the Cherokee Nation, Eastern
                                                    has determined that there is no cultural                                                                      Band of Cherokee Indians, and the
                                                                                                            History and Description of the Remains
                                                    affiliation between the human remains                                                                         United Keetoowah Band of Cherokee
                                                    and any present-day federally                             Between 1964 and 1965, human                        Indians in Oklahoma.
                                                    recognized Indian tribes.                               remains representing, at minimum, two
                                                    Representatives of any federally                        individuals were removed from site                    Additional Requestors and Disposition
                                                    recognized Indian tribe not identified in               40MI21, in Marion County, TN, by                        Representatives of any federally
                                                    this notice that wish to request transfer               amateur archeologists following the                   recognized Indian tribe not identified in
                                                    of control of these human remains                       building of Nickajack Dam. TVA has                    this notice that wish to request transfer
                                                    should submit a written request to TVA.                 under its control and in its physical                 of control of these human remains
                                                    If no additional requestors come                        possession human remains from one                     should submit a written request with
                                                    forward, transfer of control of the                     adult male and one adult female. No                   information in support of the request to
                                                    human remains to the federally                          known individuals were identified. No                 Dr. Thomas O. Maher, TVA, 400 West
                                                    recognized Indian tribe stated in this                  associated funerary objects are present.              Summit Hill Drive, WT11D, Knoxville,
                                                    notice may proceed.                                       Ernest A. Bachman and others                        TN 37902–1401, telephone (865) 632–
                                                    DATES: Representatives of any federally
                                                                                                            removed 20 burials from site 40MI21                   7458, email tomaher@tva.gov, by
                                                    recognized Indian tribe not identified in               between 1964 and 1965 and reported on                 September 4, 2015. After that date, if no
                                                    this notice that wish to request transfer               this in the Tennessee Archaeologist                   additional requestors have come
                                                    of control of these human remains                       (Bachman 1966). Bachman indicated                     forward, transfer of control of the
                                                    should submit a written request with                    that an erosional trench was being cut                human remains to the Cherokee Nation,
                                                    information in support of the request to                through the site as a result of dredging,             Eastern Band of Cherokee Indians, and
                                                    TVA at the address in this notice by                    revealing human burials. Bachman                      the United Keetoowah Band of Cherokee
                                                    September 4, 2015.                                      states that some of the non-funerary                  Indians in Oklahoma may proceed.
                                                                                                            ceramic artifacts were examined by the
                                                    ADDRESSES: Dr. Thomas O. Maher, TVA,                                                                            TVA is responsible for notifying the
                                                                                                            University of Tennessee and identified
                                                    400 West Summit Hill Drive, WT11D,                      as representing Late Archaic (c. 3000–                Absentee Shawnee Tribe of Oklahoma;
                                                    Knoxville, TN 37902–1401, telephone                     1000 B.C.) and Woodland (900 B.C.–                    Alabama-Coushatta Tribe of Texas
                                                    (865) 632–7458, email tomaher@tva.gov.                  A.D. 900) components.                                 (previously listed as the Alabama-
                                                    SUPPLEMENTARY INFORMATION: Notice is                      Since no funerary objects                           Coushatta Tribes of Texas); Alabama-
                                                    here given in accordance with the                       accompanied the human remains under                   Quassarte Tribal Town; Cherokee
                                                    Native American Graves Protection and                   the control of TVA, it is not known if                Nation; Eastern Band of Cherokee
                                                    Repatriation Act (NAGPRA), 25 U.S.C.                    they were derived from the Late Archaic               Indians; Eastern Shawnee Tribe of
                                                    3003, of the completion of an inventory                 or the Woodland occupation. The lack                  Oklahoma; Kialegee Tribal Town;
                                                    of human remains under the control and                  of any detailed information on these                  Poarch Band of Creeks (previously listed
                                                    possession of TVA. The human remains                                                                          as the Poarch Band of Creek Indians of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            human remains leads TVA to determine
                                                    were removed from site 40MI21, in                       that they are culturally unidentifiable.              Alabama); Shawnee Tribe; The
                                                    Marion County, TN.                                                                                            Chickasaw Nation; The Muscogee
                                                       This notice is published as part of the              Determinations Made by the Tennessee                  (Creek) Nation of Oklahoma; The
                                                    National Park Service’s administrative                  Valley Authority                                      Seminole Nation of Oklahoma;
                                                    responsibilities under NAGPRA, 25                         Officials of TVA have determined                    Thlopthlocco Tribal Town; and the
                                                    U.S.C. 3003(d)(3) and 43 CFR 10.11(d).                  that:                                                 United Keetoowah Band of Cherokee
                                                    The determinations in this notice are                     • Pursuant to 25 U.S.C. 3001(9), the                Indians in Oklahoma that this notice has
                                                    the sole responsibility of the museum,                  human remains described in this notice                been published.


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                                                    46598                      Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices

                                                     Dated: June 29, 2015.                                  agency that has control of the Native                 of the North West Company and a free/
                                                    Melanie O’Brien,                                        American cultural items. The National                 independent trader) and a colleague
                                                    Manager, National NAGPRA Program.                       Park Service is not responsible for the               under the direction of David Thompson
                                                    [FR Doc. 2015–19267 Filed 8–4–15; 8:45 am]              determinations in this notice.                        around 1809. The fort changed
                                                                                                                                                                  ownership to the Hudson’s Bay
                                                    BILLING CODE 4312–50–P                                  History and Description of the Cultural
                                                                                                            Items                                                 Company, who, in 1825, moved their
                                                                                                                                                                  operation from Spokane House (Nisbet,
                                                    DEPARTMENT OF THE INTERIOR                                 In 1951, 88 cultural items were                    2003). Mr. Finlay first arrived in what
                                                                                                            removed from the archeological site 45–               would later become the Spokane, WA,
                                                    National Park Service                                   SP–5 in Spokane County, WA, by Louis                  area with a wife and children. Mr.
                                                                                                            R. Caywood with the National Park                     Finlay’s wife is believed to have been
                                                    [NPS–WASO–NAGPRA–18523;                                 Service and under contract with State
                                                    PPWOCRADN0–PCU00RP14.R50000]                                                                                  from a similar or close tribe to that of
                                                                                                            Parks. During the archeological                       his mother’s. At some point Mr. Finlay
                                                    Notice of Intent To Repatriate Cultural                 excavation of the site, the burial                    took one, possibly two more wives, both
                                                    Items: Washington State Parks and                       location of Jacques Raphael Finlay                    believed to have been Native American
                                                    Recreation Commission, Olympia, WA                      (1768–1828, of Saulteaux-Cree                         women, and went on to father more
                                                                                                            (Chippewa)/Eastern Woodland (Ojibwe)                  children. In total he appears to have
                                                    AGENCY:   National Park Service, Interior.              and Scottish descent) was discovered                  had, at minimum, 15 children, although
                                                    ACTION:   Notice.                                       and removed along with 88 documented                  possibly as many as 19 children. He
                                                                                                            funerary objects. In 1976, the Finlay/                died in December of 1828, and his wife
                                                    SUMMARY:    The Washington State Parks                  Finley family, spanning (at minimum) a                buried him at the site of Spokane House.
                                                    and Recreation Commission [hereafter                    tristate region, requested and received
                                                    State Parks], in consultation with lineal               permission for the reburial of Mr.                       State Parks staff has determined the
                                                    descendants and the appropriate Indian                  Finlay’s remains. A detailed inventory                88 unassociated funerary objects are
                                                    tribes or Native Hawaiian organizations,                of the collection in 2005 revealed the                reasonably believed to have been placed
                                                    has determined that the cultural items                  funerary objects had not been reburied                with or near Mr. Finlay at the time of
                                                    listed in this notice meet the definition               with Mr. Finlay’s remains. In 1951 at                 his death or later as part of the death rite
                                                    of unassociated funerary objects. Lineal                the time of excavation, a Memorandum                  or ceremony. The surviving Finlay
                                                    descendants or representatives of any                   of Agreement between the Eastern                      family is large (some estimates put their
                                                    Indian tribe or Native Hawaiian                         Washington State Historical Society                   size at over 11,000 living in the 1990s).
                                                    organization not identified in this notice              (EWSHS, also now known as the                         State Parks performed a lineal
                                                    that wish to claim these cultural items                 Northwest Museum of Arts and Culture)                 descendant search that resulted in 35
                                                    should submit a written request to State                and State Parks released custody and                  descendants that contacted State Parks
                                                    Parks. If no additional claimants come                  control of all excavated material to                  and 12 lineal descendants that placed
                                                    forward, transfer of control of the                     EWSHS. In 1976, the EWSHS                             formal claims. The claimants are as
                                                    cultural items to the lineal descendants,               deaccessioned Mr. Finlay’s remains and                follows: Dumont, Harold Tommy;
                                                    Indian tribes, or Native Hawaiian                       released them to Mr. Elwood Ball of Ball              Dumont-Friday, Michelle; Dumont,
                                                    organizations stated in this notice may                 and Dodd Funeral Home for reburial. In                Monte; Childress, JuLee Lain; Childress,
                                                    proceed.                                                1989, the EWSHS deaccessioned the                     Michael L.; Childress, minor child #1;
                                                                                                            balance of the 1951 excavated material                Childress, minor child #2; Finley,
                                                    DATES: Lineal descendants or
                                                                                                            in a transfer to State Parks. The funerary            Marian; Loper, Donald; Salois, Britton;
                                                    representatives of any Indian tribe or                                                                        Samsel, Joan; and Trahan, Albert. State
                                                    Native Hawaiian organization not                        objects listed below were identified in
                                                                                                            the collection by staff at the Burke                  Parks has also determined there is a
                                                    identified in this notice that wish to                                                                        relationship of shared group identity
                                                    claim these cultural items should                       Museum of Natural History and Culture
                                                                                                            (Burke Museum) in 2005. The objects                   that can be reasonably traced between
                                                    submit a written request with                                                                                 Mr. Finlay’s funerary objects and
                                                    information in support of the claim to                  were subsequently transferred to State
                                                                                                            Parks headquarters in Olympia, WA.                    modern-day tribes. Based on a
                                                    State Parks at the address in this notice                                                                     preponderance of the following
                                                                                                               The 88 unassociated funerary objects
                                                    by September 4, 2015.                                                                                         evidence the objects are culturally
                                                                                                            are 3 brass buttons, 2(+) fragments of
                                                    ADDRESSES: Alicia Woods, Washington                     cloth, 2 fragments of glass and 9 metal               affiliated to the modern-day tribes of the
                                                    State Parks and Recreation Commission,                  fragments believed to have once been a                Coeur d’Alene Tribe of the Coeur
                                                    P.O. Box 42650, Olympia, WA 98504–                      pair of spectacles, 1 bone comb                       d’Alene Reservation, Idaho;
                                                    2650, telephone (360) 902.0939, email                   fragment, 17 nails believed to have been              Confederated Salish and Kootenai
                                                    Alicia.Woods@parks.wa.gov.                              from the burial vessel, 2 pipe bowl                   Tribes of the Flathead Reservation,
                                                    SUPPLEMENTARY INFORMATION: Notice is                    fragments, 5 pipe stem fragments, 1                   Montana; Confederated Tribes of the
                                                    here given in accordance with the                       glass bead fragment, 1 porcelain                      Colville Reservation, Washington;
                                                    Native American Graves Protection and                   fragment, 20(+) wood fragments                        Kalispel Tribe of the Kalispel
                                                    Repatriation Act (NAGPRA), 25 U.S.C.                    believed to be from the burial vessel, 1              Reservation, Washington; and Spokane
                                                    3005, of the intent to repatriate cultural              charcoal fragment, 1 white clay                       Tribe of the Spokane Reservation,
                                                    items under the control of the State                    fragment, 1 complete wood pipe and                    Washington. This determination is
                                                    Parks, Olympia, WA, that meet the                       20(+) particles of burned tobacco. One                based on ethnographic evidence that the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    definition of unassociated funerary                     (1) ‘‘killed’’ knife with wood handle and             Upper and Middle Spokane people
                                                    objects under 25 U.S.C. 3001.                           1 writing slate are missing from                      predominantly resided in the area and
                                                       This notice is published as part of the              inventory. Efforts to track and recover               utilized the resources of the site both
                                                    National Park Service’s administrative                  these two items over the last four years              pre and post-contact. Included in this
                                                    responsibilities under NAGPRA, 25                       have failed.                                          evidence are tribal members and tribal
                                                    U.S.C. 3003(d)(3). The determinations in                   The site is that of Spokane House, a               descents that share kinship connections;
                                                    this notice are the sole responsibility of              fur trade fort, founded and built by Mr.              shared linguistic heritage, overlapping
                                                    the museum, institution, or Federal                     Finlay (an on-again, off-again employee               trade networks, battle alliances, shared


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Document Created: 2018-02-23 10:53:11
Document Modified: 2018-02-23 10:53:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesRepresentatives of any federally recognized Indian tribe not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in
FR Citation80 FR 46597 

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