81 FR 12121 - Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 81, Issue 45 (March 8, 2016)
National Park Service
Federal Register Volume 81, Issue 45 (March 8, 2016)
| Page Range | 12121-12122 | |
| FR Document | 2016-05063 |
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)] [Notices] [Pages 12121-12122] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05063] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-20267; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN AGENCY: National Park Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Tennessee Valley Authority (TVA) has completed an inventory of human remains and associated funerary objects in consultation with the appropriate Federally recognized Indian tribes and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day federally recognized Indian tribes. Representatives of any federally recognized Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to Tennessee Valley Authority. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the federally recognized Indian tribes 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 and associated funerary objects should submit a written request with information in support of the request to TVA at the address in this notice by April 7, 2016. ADDRESSES: Dr. Thomas O. Maher, Tennessee Valley Authority, 400 West Summit Hill Drive, WT11D, Knoxville, TN 37902-1401, telephone (865) 632-7458, 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 and associated funerary objects under the control and possession of TVA. The human remains and associated funerary objects were removed from site 40SM113, in Smith County, TN, in 1976. 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 and associated funerary objects was made by TVA's professional staff. Representatives of the following tribes were notified on January 29, 2015: Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama- Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of Louisiana; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Kialegee Tribal Town; Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation; Thlopthlocco Tribal Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma. A telephone conference to consult on this repatriation took place on April 24, 2015, with tribal representatives of the Eastern Band of Cherokee Indians, The Muscogee (Creek) Nation, and the United Keetoowah Band of Cherokee Indians in Oklahoma. The inability to determine whether aboriginal lands were implicated in this NAGPRA disposition led to further consultation with the tribes on June 15, 2015. [[Page 12122]] As a result of this further consultation, TVA received requests for joint transfer of control of the human remains and associated funerary objects from the Cherokee Nation, the Eastern Band of Cherokee Indians, the Eastern Shawnee Tribe of Oklahoma, The Muscogee (Creek) Nation, the Thlopthlocco Tribal Town, the Shawnee Tribe, and the United Keetoowah Band of Cherokee Indians in Oklahoma. No objections to this joint transfer of control were received from the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas), the Alabama-Quassarte Tribal Town, the Chickasaw Nation, and the Coushatta Tribe of Louisiana. History and Description of the Remains In April 1976, human remains representing, at minimum, one individual were removed from the Dixon Creek site, 40SM113. The Dixon Creek site, 40SM113, was first recorded in 1972 as SI-1 (Surface Indication 1) by Major McCollough of the University of Tennessee (McCollough 1972). Under contract with TVA, Steven Fox completed additional survey work between 1974 and 1976. In April 1976, four test units were excavated. Test Unit 4 uncovered the only human remains and associated funerary objects found at this site. A single adult male Native American was interred in a semi-flexed position within a 5x4 foot burial pit. No known individuals were identified. The two associated funerary objects are two shell-tempered ceramic vessels. The vessels found with the human remains appear to place the burial in the Middle Cumberland Mississippian period, A.D. 1050-1450. The lack of any detailed information on these human remains and funerary objects leads TVA to designate them as culturally unidentifiable. Site 40SM113 is in Smith County, TN, north of the Cumberland River. The site is outside the boundary of any areas recognized in a final judgment of the Indian Claims Commission or the United States Court of Claims. Although there are no treaties between the United States Government and a Native American tribe for this area, there was a treaty negotiated before the creation of the U.S.A. Richard Henderson, representing the Transylvania Company, met with the Cherokee to negotiate the purchase of land including Smith County, TN, for the creation of a 14th colony on March 14, 1775. The Treaty of Sycamore Shoals was not acknowledged by the United States Government or the governments of the states of Virginia and North Carolina. An unratified treaty cannot be used to identify aboriginal lands (75 FR 49, March 15, 2010). Pursuant to 43 CFR 10.16, the Secretary of the Interior may make a recommendation for a transfer of control of culturally unidentifiable human remains and associated funerary objects. Tennessee Valley Authority requested that the Secretary, through the Native American Graves Protection and Repatriation Review Committee, recommend the proposed transfer of control of the culturally unidentifiable human remains and associated funerary objects in this notice to the Cherokee Nation, the Eastern Band of Cherokee Indians, the Eastern Shawnee Tribe of Oklahoma, The Muscogee (Creek) Nation, the Thlopthlocco Tribal Town, the Shawnee Tribe, and the United Keetoowah Band of Cherokee Indians in Oklahoma. No objections to this joint transfer of control were received from the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas), the Alabama-Quassarte Tribal Town, the Chickasaw Nation, and the Coushatta Tribe of Louisiana. Determinations Made By the Tennessee Valley Authority Officials of TVA have determined that:Pursuant to 25 U.S.C. 3001(9), the human remains and associated funerary objects 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 one individual of Native American ancestry. Pursuant to 25 U.S.C. 3001(3)(A), the two objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony. 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. Pursuant to 43 CFR 10.11, the ``tribal land'' or the ``aboriginal land'' provenience of the human remains cannot be determined. Pursuant to 43 CFR 10.16, the disposition of the human remains and associated funerary objects will be to the Cherokee Nation, the Eastern Band of Cherokee Indians, the Eastern Shawnee Tribe of Oklahoma, The Muscogee (Creek) Nation, the Shawnee Tribe, the Thlopthlocco Tribal Town, and the United Keetoowah Band of Cherokee Indians in Oklahoma for a joint disposition of the human remains and associated funerary objects to these federally recognized tribes. 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 and associated funerary objects should submit a written request with information in support of the request to Dr. Thomas O. Maher, Tennessee Valley Authority, 400 West Summit Hill Drive, WT11D, Knoxville, TN 37902-1401, telephone (865) 632-7458, email [email protected], by April 7, 2016. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Cherokee Nation, the Eastern Band of Cherokee Indians, the Eastern Shawnee Tribe of Oklahoma, the Shawnee Tribe, The Muscogee (Creek) Nation, the Thlopthlocco Tribal Town, and the United Keetoowah Band of Cherokee Indians in Oklahoma may proceed. TVA is responsible for notifying the Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Coushatta Tribe of Louisiana; Cherokee Nation; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Kialegee Tribal Town; Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation; Thlopthlocco Tribal Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma that this notice has been published. Dated: February 4, 2016. Melanie O'Brien, Manager, National NAGPRA Program. [FR Doc. 2016-05063 Filed 3-7-16; 8:45 am] BILLING CODE 4312-50-P
![Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices 12121
identified in this notice that wish to Additional Requestors and Disposition DATES: Representatives of any federally
request transfer of control of these Lineal descendants or representatives recognized Indian tribe not identified in
associated funerary objects should of any Indian tribe or Native Hawaiian this notice that wish to request transfer
submit a written request with organization not identified in this notice of control of these human remains and
information in support of the request to that wish to request transfer of control associated funerary objects should
the University of Denver Museum of of these human remains and associated submit a written request with
Anthropology at the address in this funerary objects should submit a written information in support of the request to
notice by April 7, 2016. request with information in support of TVA at the address in this notice by
ADDRESSES: Anne Amati, University of the request to Anne Amati, University of April 7, 2016.
Denver Museum of Anthropology, 2000 Denver Museum of Anthropology, 2000 ADDRESSES: Dr. Thomas O. Maher,
East Asbury Avenue, Denver, CO 80208, E. Asbury Avenue, Denver, CO 80208, Tennessee Valley Authority, 400 West
telephone (303) 871–2687, email telephone (303) 871–2687, email Summit Hill Drive, WT11D, Knoxville,
anne.amati@du.edu. anne.amati@du.edu, by April 7, 2016. TN 37902–1401, telephone (865) 632–
SUPPLEMENTARY INFORMATION: Notice is After that date, if no additional 7458, email tomaher@tva.gov.
here given in accordance with the requestors have come forward, transfer
SUPPLEMENTARY INFORMATION: Notice is
Native American Graves Protection and of control of the and associated funerary
here given in accordance with the
Repatriation Act (NAGPRA), 25 U.S.C. objects to the Hopi Tribe of Arizona may
Native American Graves Protection and
3003, of the correction of an inventory proceed.
Repatriation Act (NAGPRA), 25 U.S.C.
of human remains and associated The University of Denver Museum of
3003, of the completion of an inventory
funerary objects under the control of the Anthropology is responsible for
of human remains and associated
University of Denver Museum of notifying the Hopi Tribe of Arizona and
funerary objects under the control and
Anthropology, Denver, CO. The human the Colorado River Indian Tribes of the
possession of TVA. The human remains
remains and associated funerary objects Colorado River Indian Reservation,
and associated funerary objects were
were removed from Pueblo Blanco, Arizona and California, that this notice
removed from site 40SM113, in Smith
Santa Fe County, NM. has been published.
County, TN, in 1976.
This notice is published as part of the Dated: February 3, 2016.
This notice is published as part of the
National Park Service’s administrative Melanie O’Brien, National Park Service’s administrative
responsibilities under NAGPRA, 25 Manager, National NAGPRA Program. responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in [FR Doc. 2016–05061 Filed 3–7–16; 8:45 am] U.S.C. 3003(d)(3) and 43 CFR 10.11(d).
this notice are the sole responsibility of BILLING CODE 4312–50–P The determinations in this notice are
the museum, institution, or Federal the sole responsibility of the museum,
agency that has control of the Native institution, or Federal agency that has
American human remains and DEPARTMENT OF THE INTERIOR control of the Native American human
associated funerary objects. The remains. The National Park Service is
National Park Service is not responsible National Park Service not responsible for the determinations
for the determinations in this notice. [NPS–WASO–NAGPRA–20267; in this notice.
This notice corrects the number of PPWOCRADN0–PCU00RP14.R50000]
associated funerary objects published in Consultation
a Notice of Inventory Completion in the Notice of Inventory Completion: A detailed assessment of the human
Federal Register (65 FR 67757–67758, Tennessee Valley Authority, Knoxville, remains and associated funerary objects
November 13, 2000). Re-inventory TN was made by TVA’s professional staff.
discovered more associated funerary AGENCY: National Park Service, Interior. Representatives of the following tribes
objects. Transfer of control of the items were notified on January 29, 2015:
ACTION: Notice.
in this correction notice has not Absentee-Shawnee Tribe of Indians of
occurred. SUMMARY: The Tennessee Valley Oklahoma; Alabama-Coushatta Tribe of
Correction Authority (TVA) has completed an Texas (previously listed as the Alabama-
inventory of human remains and Coushatta Tribes of Texas); Alabama-
In the Federal Register (65 FR 67757– associated funerary objects in Quassarte Tribal Town; Cherokee
67758, November 13, 2000), paragraph consultation with the appropriate Nation; Coushatta Tribe of Louisiana;
4, sentence 4 is corrected by substituting Federally recognized Indian tribes and Eastern Band of Cherokee Indians;
the following sentence: has determined that there is no cultural Eastern Shawnee Tribe of Oklahoma;
The 21 associated funerary objects are 1 non- affiliation between the human remains Kialegee Tribal Town; Shawnee Tribe;
human bone, 15 ceramic sherds (black and and associated funerary objects and any The Chickasaw Nation; The Muscogee
red on white), 4 chipped stone tools, and 1 present-day federally recognized Indian (Creek) Nation; Thlopthlocco Tribal
projectile point fragment. tribes. Representatives of any federally Town; and the United Keetoowah Band
In the Federal Register (65 FR 67757– recognized Indian tribe or Native of Cherokee Indians in Oklahoma. A
67758, November 13, 2000), paragraph Hawaiian organization not identified in telephone conference to consult on this
6, sentence 2 is corrected by substituting this notice that wish to request transfer repatriation took place on April 24,
of control of these human remains and 2015, with tribal representatives of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
the following sentence:
associated funerary objects should Eastern Band of Cherokee Indians, The
Officials of the University of Denver submit a written request to Tennessee Muscogee (Creek) Nation, and the
Department of Anthropology and Museum of Valley Authority. If no additional United Keetoowah Band of Cherokee
Anthropology also have determined that,
pursuant to 43 CFR 10.2 (d)(2), the 21 objects
requestors come forward, transfer of Indians in Oklahoma. The inability to
listed above are reasonably believed to have control of the human remains and determine whether aboriginal lands
been placed with or near individual human associated funerary objects to the were implicated in this NAGPRA
remains at the time of death or later as part federally recognized Indian tribes stated disposition led to further consultation
of the death rite or ceremony. in this notice may proceed. with the tribes on June 15, 2015.
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![12122 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
As a result of this further An unratified treaty cannot be used to Indians in Oklahoma for a joint
consultation, TVA received requests for identify aboriginal lands (75 FR 49, disposition of the human remains and
joint transfer of control of the human March 15, 2010). associated funerary objects to these
remains and associated funerary objects Pursuant to 43 CFR 10.16, the federally recognized tribes.
from the Cherokee Nation, the Eastern Secretary of the Interior may make a
recommendation for a transfer of control Additional Requestors and Disposition
Band of Cherokee Indians, the Eastern
Shawnee Tribe of Oklahoma, The of culturally unidentifiable human Representatives of any federally
Muscogee (Creek) Nation, the remains and associated funerary objects. recognized Indian tribe not identified in
Thlopthlocco Tribal Town, the Shawnee Tennessee Valley Authority requested this notice that wish to request transfer
Tribe, and the United Keetoowah Band that the Secretary, through the Native of control of these human remains and
of Cherokee Indians in Oklahoma. No American Graves Protection and associated funerary objects should
objections to this joint transfer of Repatriation Review Committee, submit a written request with
control were received from the recommend the proposed transfer of information in support of the request to
Alabama-Coushatta Tribe of Texas control of the culturally unidentifiable Dr. Thomas O. Maher, Tennessee Valley
(previously listed as the Alabama- human remains and associated funerary Authority, 400 West Summit Hill Drive,
Coushatta Tribes of Texas), the objects in this notice to the Cherokee WT11D, Knoxville, TN 37902–1401,
Alabama-Quassarte Tribal Town, the Nation, the Eastern Band of Cherokee telephone (865) 632–7458, email
Chickasaw Nation, and the Coushatta Indians, the Eastern Shawnee Tribe of tomaher@tva.gov, by April 7, 2016.
Tribe of Louisiana. Oklahoma, The Muscogee (Creek) After that date, if no additional
Nation, the Thlopthlocco Tribal Town, requestors have come forward, transfer
History and Description of the Remains of control of the human remains and
the Shawnee Tribe, and the United
In April 1976, human remains Keetoowah Band of Cherokee Indians in associated funerary objects to the
representing, at minimum, one Oklahoma. No objections to this joint Cherokee Nation, the Eastern Band of
individual were removed from the transfer of control were received from Cherokee Indians, the Eastern Shawnee
Dixon Creek site, 40SM113. The Dixon the Alabama-Coushatta Tribe of Texas Tribe of Oklahoma, the Shawnee Tribe,
Creek site, 40SM113, was first recorded (previously listed as the Alabama- The Muscogee (Creek) Nation, the
in 1972 as SI–1 (Surface Indication 1) by Coushatta Tribes of Texas), the Thlopthlocco Tribal Town, and the
Major McCollough of the University of Alabama-Quassarte Tribal Town, the United Keetoowah Band of Cherokee
Tennessee (McCollough 1972). Under Chickasaw Nation, and the Coushatta Indians in Oklahoma may proceed.
contract with TVA, Steven Fox Tribe of Louisiana. TVA is responsible for notifying the
completed additional survey work Absentee-Shawnee Tribe of Indians of
between 1974 and 1976. In April 1976, Determinations Made By the Tennessee Oklahoma; Alabama-Coushatta Tribe of
four test units were excavated. Test Unit Valley Authority Texas (previously listed as the Alabama-
4 uncovered the only human remains Officials of TVA have determined Coushatta Tribes of Texas); Alabama-
and associated funerary objects found at that: Quassarte Tribal Town; Coushatta Tribe
this site. A single adult male Native • Pursuant to 25 U.S.C. 3001(9), the of Louisiana; Cherokee Nation; Eastern
American was interred in a semi-flexed human remains and associated funerary Band of Cherokee Indians; Eastern
position within a 5×4 foot burial pit. No objects described in this notice are Shawnee Tribe of Oklahoma; Kialegee
known individuals were identified. The Native American based on their Tribal Town; Shawnee Tribe; The
two associated funerary objects are two presence in prehistoric archeological Chickasaw Nation; The Muscogee
shell-tempered ceramic vessels. contexts. (Creek) Nation; Thlopthlocco Tribal
The vessels found with the human • Pursuant to 25 U.S.C. 3001(9), the Town; and the United Keetoowah Band
remains appear to place the burial in the human remains described in this notice of Cherokee Indians in Oklahoma that
Middle Cumberland Mississippian represent the physical remains of one this notice has been published.
period, A.D. 1050–1450. The lack of any individual of Native American ancestry. Dated: February 4, 2016.
detailed information on these human • Pursuant to 25 U.S.C. 3001(3)(A),
remains and funerary objects leads TVA Melanie O’Brien,
the two objects described in this notice
to designate them as culturally are reasonably believed to have been Manager, National NAGPRA Program.
unidentifiable. placed with or near individual human [FR Doc. 2016–05063 Filed 3–7–16; 8:45 am]
Site 40SM113 is in Smith County, TN, remains at the time of death or later as BILLING CODE 4312–50–P
north of the Cumberland River. The site part of the death rite or ceremony.
is outside the boundary of any areas • Pursuant to 25 U.S.C. 3001(2), a
recognized in a final judgment of the relationship of shared group identity DEPARTMENT OF THE INTERIOR
Indian Claims Commission or the cannot be reasonably traced between the
United States Court of Claims. Although National Park Service
Native American human remains and
there are no treaties between the United any present-day Indian tribe. [NPS–WASO–NAGPRA–20265;
States Government and a Native • Pursuant to 43 CFR 10.11, the PPWOCRADN0–PCU00RP14.R50000]
American tribe for this area, there was ‘‘tribal land’’ or the ‘‘aboriginal land’’
a treaty negotiated before the creation of provenience of the human remains Notice of Inventory Completion: U.S.
the U.S.A. Richard Henderson, cannot be determined. Department of the Interior, National
representing the Transylvania Company, • Pursuant to 43 CFR 10.16, the Park Service, Chaco Culture National
asabaliauskas on DSK3SPTVN1PROD with NOTICES
met with the Cherokee to negotiate the disposition of the human remains and Historical Park, Nageezi, NM
purchase of land including Smith associated funerary objects will be to the AGENCY: National Park Service, Interior.
County, TN, for the creation of a 14th Cherokee Nation, the Eastern Band of ACTION: Notice.
colony on March 14, 1775. The Treaty Cherokee Indians, the Eastern Shawnee
of Sycamore Shoals was not Tribe of Oklahoma, The Muscogee SUMMARY: The U.S. Department of the
acknowledged by the United States (Creek) Nation, the Shawnee Tribe, the Interior, National Park Service, Chaco
Government or the governments of the Thlopthlocco Tribal Town, and the Culture National Historical Park has
states of Virginia and North Carolina. United Keetoowah Band of Cherokee completed an inventory of human
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Document Created: 2018-02-02 15:10:07
Document Modified: 2018-02-02 15:10:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Representatives of any federally recognized Indian tribe not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to TVA at | |
| FR Citation | 81 FR 12121 |
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