81 FR 63793 - Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 81, Issue 180 (September 16, 2016)

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 a cultural affiliation between the human remains and associated funerary objects and any present-day federally recognized Indian tribes cannot be reasonably traced. 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 to TVA. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the federally recognized Indian tribe stated in this notice may proceed.

[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Notices]
[Pages 63793-63795]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22315]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-21820; 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 and associated funerary objects in 
consultation with the appropriate federally recognized Indian tribes, 
and has determined that a cultural affiliation between the human 
remains and associated funerary objects and any present-day federally 
recognized Indian tribes cannot be reasonably traced. 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 to TVA. If 
no additional requestors come forward, transfer of control of the human 
remains and associated funerary objects 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 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 October 17, 2016.

ADDRESSES: Dr. Thomas O. Maher, TVA, 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 of TVA. The human remains 
and associated funerary objects were removed from archeological sites 
in Jackson and Marshall Counties, 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 and associated funerary 
objects. 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 professional staff in consultation with the 
University of Alabama and representatives of the 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; Poarch Band of Creeks (previously listed as the Poarch 
Band of Creek Indians of Alabama); The Chickasaw Nation; The Choctaw 
Nation of Oklahoma; The Muscogee (Creek) Nation; Thlopthlocco Tribal 
Town; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

History and Description of the Remains

    The sites listed in this notice were excavated as part of TVA's 
Guntersville Reservoir project by the Alabama Museum of Natural History 
(AMNH) at the University of Alabama, using labor and funds provided by 
the Works Progress Administration. Details regarding these excavations 
and sites may be found in a report, An Archaeological Survey of 
Guntersville Basin on the Tennessee River in Northern Alabama, by 
William S. Webb and Charles G. Wilder. The human remains and associated 
funerary objects listed in this notice have been in the physical 
custody of the AMNH at the University of Alabama since excavation but 
are under the control of TVA.
    From January to April 1939, human remains representing, at minimum, 
30 individuals were removed from the Crow Creek Island site, 1JA155, in 
Jackson County, AL. Excavations commenced after TVA acquired this land 
on June 30, 1938. Excavations revealed multiple occupations including 
Middle Woodland (Copena phase), Late Woodland (Flint River phase), and 
Mississippian (Crow Creek phase). The human remains include adults, 
juveniles, and infants of both sexes. No known individuals were 
identified. The 50 associated funerary objects include 48 shell beads, 
1 shell ear plug, and 1 ground stone steatite bowl.
    From October 1938 to January 1939, human remains representing, at 
minimum, 44 individuals were removed from the Sublet Ferry site, 
1JA102, three miles southeast of Hollywood in Jackson County, AL. 
Excavation commenced after TVA acquired a permit for archeological 
exploration on June 11, 1938. This land was subsequently purchased on 
October 17, 1938. Excavations revealed this to be a shell midden 
overlying a dark midden soil. Both Woodland and Mississippian 
occupations were identified. The human remains include adults, 
juveniles, and children of both sexes. No known individuals were 
identified. The 27 associated funerary objects include 24 shell barrel 
beads, 1 Hamilton projectile point, 1 bone pin, and 1 bone awl.
    From June 11 to 23, 1938, human remains representing, at minimum, 
six individuals were removed from the Langston site, 1JA9, in Jackson 
County, AL. Excavation commenced after TVA had purchased the land 
encompassing it on December 30, 1936. The site, eight miles southeast 
of Scottsboro, AL, was composed of a mound (designated 1JA9a) and a 
village. These brief excavations focused on the low mound. Artifacts 
from the mound and

[[Page 63794]]

surrounding village indicate both a Woodland and Mississippian 
occupation. The human remains include adults, juveniles, and an infant 
of indeterminate sex. No known individuals were identified. The 22 
associated funerary objects are fragments of a copper ornament 
associated with one of these individuals.
    From November 21 to 29, 1938, human remains representing, at 
minimum, two individuals were removed from site 1MS106, 11 miles 
northeast of the city of Guntersville in Marshall County, AL. 
Excavation commenced after TVA purchased the land on April 21, 1937. 
Little is known about this site except a one paragraph reference to the 
excavation in a progress report which indicates it was a rapid 
exploration that recovered three burials. Further, ceramics from this 
site indicate occupations during both the Woodland and Mississippian 
periods. The culturally unidentifiable human remains are of two adult 
males. No known individuals were identified. No associated funerary 
objects are present.
    From December 10, 1936, to February 2, 1937, human remains 
representing, at minimum, four individuals were removed from the 
Cartright site, 1MS109, 11 miles northeast of the city of Guntersville 
in Marshall County, AL. Excavation commenced shortly before TVA 
purchased the land on April 21, 1937. Evidence at the surface indicated 
that this site was 50 x 60 feet with four underlying strata. Ceramics 
from this site indicate occupations during both the Woodland and 
Mississippian periods. The human remains are of one child of 
indeterminate sex and three adults, two of which are female. No known 
individuals were identified. No associated funerary objects are 
present.
    From October 25 to December 7, 1938, human remains representing, at 
minimum, four individuals were removed from the Stephenson site, 
1MS111, 11 miles northeast of the city of Guntersville in Marshall 
County, AL. Excavation commenced after TVA purchased the land on April 
21, 1937. Limited excavation in the village area revealed three 
underlying strata. Steatite stone vessel sherds in the lowest strata 
indicate a Late Archaic occupation. Further, ceramics from the upper 
strata of this site indicate occupations during both the Late Woodland 
and Mississippian periods. The human remains are of one child of 
indeterminate sex and three adults, two of which are female. No known 
individuals were identified. No associated funerary objects are 
present.
    From June 1938 to May 1939, human remains representing, at minimum, 
261 individuals were removed from the Columbus City Landing site, 
1MS91, 9 miles northeast of the city of Guntersville in Marshall 
County, AL. Excavation commenced after TVA purchased the land on March 
8, 1937. There were excavations in both the village (Unit I) and 
adjacent mounds (Unit II). Artifacts recovered from this excavation 
revealed that the primary occupations were during the Middle Woodland 
(A.D. 100-500), Mississippian (A.D. 1200-1500), and historic periods. 
The human remains include adults, juveniles, children, and infants of 
both sexes. No known individuals were identified. The 214 associated 
funerary objects include 7 glass beads; 1 biface; 4 bone bodkins; 3 
bone pins; 2 copper bangles; 1 Hilabee Schist celt; 15 pieces of clay 
(unfired); 4 clay foot rests; 2 clay head rests; 1 copper axe head; 2 
copper coil earbobs; 7 copper ear spools; 2 copper reel gorgets; 51 
galena nodules; 1 ground hematite; 62 Long Branch Fabric Marked sherds; 
1 Mississippi Plain sherd disk fragment; 1 Mud Creek projectile point 
or knife; 24 Mulberry Creek Plain sherds; 2 projectile points or 
knives; 1 red ochre; 6 rolled copper tubular beads; 2 shell beads; 2 
shell ear bobs; 1 shell gorget; 3 tempered clay samples; 1 wood 
fragment; 1 shell fragment; 2 unmodified hematite fragments; 1 yellow 
clay sample and 1 yellow pigment.
    TVA determined that cultural affiliation between human remains and 
associated funerary objects and any present day federally recognized 
tribes cannot be reasonably traced. Accordingly, these items are 
culturally unidentifiable and TVA intends to transfer control of these 
items pursuant to 43 CFR 10.11(c).
    At the time of the excavation and removal of these human remains 
and associated funerary objects, the land from which the remains and 
objects were removed was not the tribal land of any federally 
recognized Indian tribe. On March 10, 2016, TVA consulted with all 
federally recognized Indian tribes who are recognized as aboriginal to 
the area from which these Native American human remains and associated 
funerary objects were removed. These tribes are the Cherokee Nation, 
Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee 
Indians in Oklahoma. None of these Indian tribes agreed to accept 
control of the human remains and associated funerary objects. After 
further consultation with the parties that were a part of this overall 
consultation, TVA has decided to transfer control of the human remains 
and associated funerary objects to the Alabama-Coushatta Tribe of 
Texas, the Alabama-Quassarte Tribal Town, the Coushatta Tribe of 
Louisiana, and the Muscogee (Creek) Nation.

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 represent the physical remains of 351 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 313 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 associated funerary objects and any present-day 
Indian tribe.
     Pursuant to 43 CFR 10.11(c)(1)(i), at the time of 
excavation of the human remains and associated funerary objects, the 
land from which the cultural items were removed was not the tribal land 
of any federally recognized Indian tribe.
     Pursuant to 43 CFR 10.11(c)(1)(ii), the following tribes 
are aboriginal to the area from which the cultural items were 
excavated: Cherokee Nation, Eastern Band of Cherokee Indians, and the 
United Keetoowah Band of Cherokee Indians in Oklahoma. None of these 
tribes agreed to accept control of the human remains or associated 
funerary objects.
     Pursuant to 43 CFR 10.11(c)(2)(i), TVA has decided to 
transfer control of the culturally unidentifiable human remains to the 
Alabama-Coushatta Tribe of Texas, the Alabama-Quassarte Tribal Town, 
the Coushatta Tribe of Louisiana, and the Muscogee (Creek) Nation.
     Pursuant to 43 CFR 10.11(c)(4), TVA has decided to 
transfer control of the culturally unidentifiable associated funerary 
objects to the Alabama-Coushatta Tribe of Texas, the Alabama-Quassarte 
Tribal Town, the Coushatta Tribe of Louisiana, and the Muscogee (Creek) 
Nation.

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, TVA, 400 West

[[Page 63795]]

Summit Hill Drive, WT11D, Knoxville, TN 37902-1401, telephone (865) 
632-7458, email [email protected], by October 17, 2016. After that date, 
if no additional requestors have come forward, transfer of control of 
the human remains and associated funerary objects to the Alabama-
Coushatta Tribe of Texas, the Alabama-Quassarte Tribal Town, the 
Coushatta Tribe of Louisiana, and the Muscogee (Creek) Nation may 
proceed.
    TVA is responsible for notifying the 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; Poarch Band of Creeks (previously listed as the Poarch Band 
of Creek Indians of Alabama); The Chickasaw Nation; The Choctaw Nation 
of Oklahoma; The Muscogee (Creek) Nation; Thlopthlocco Tribal Town; and 
the United Keetoowah Band of Cherokee Indians in Oklahoma that this 
notice has been published.

    Dated: August 23, 2016.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2016-22315 Filed 9-15-16; 8:45 am]
 BILLING CODE 4312-50-P