82 FR 33155 - Notice of Inventory Completion: U.S. Department of Defense, Army Corps of Engineers, Nashville District, Nashville, TN
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 82, Issue 137 (July 19, 2017)
National Park Service
Federal Register Volume 82, Issue 137 (July 19, 2017)
| Page Range | 33155-33156 | |
| FR Document | 2017-15106 |
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)] [Notices] [Pages 33155-33156] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15106] [[Page 33155]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-23503; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of Defense, Army Corps of Engineers, Nashville District, Nashville, TN AGENCY: National Park Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers, Nashville District (USACE), has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any 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 the U.S. Army Corps of Engineers, Nashville District. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed. DATES: Representatives of any 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 with information in support of the request to the U.S. Army Corps of Engineers, Nashville District, at the address in this notice by August 18, 2017. ADDRESSES: Dr. Valerie McCormack, Archaeologist, Department of Defense, Nashville District, Corps of Engineers, U.S. Army Corps of Engineers, Nashville District, 110 9th Avenue South, Room A-405, Nashville, TN 37203, telephone (615) 736-7847, 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 the U.S. Army Corps of Engineers, Nashville District, Nashville, TN. The human remains and associated funerary objects were removed from Trigg County, KY, and Stewart 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 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 was made by the U.S. Army Corps of Engineers, Nashville District, and the St. Louis District's Mandatory Center for Expertise for the Curation and Management of Archaeological Collections (MCX-CMAC) professional staff in consultation with representatives of the Absentee Shawnee Tribe of Indians of Oklahoma, Cherokee Nation, Eastern Band of Cherokee Indians, Eastern Shawnee Tribe of Oklahoma, Shawnee Tribe, The Chickasaw Nation, The Osage Nation, and United Keetoowah Band of Cherokee Indians in Oklahoma (hereafter referred to as ``The Consulted Tribes''). History and Description of the Remains In 1959, human remains representing, at minimum, one individual were removed from the Stone site (40SW23) in Stewart County, TN. Michael D. Coe and F. William Fischer of the University of Tennessee undertook archaeological research at the Stone site prior to the inundation of Lake Barkley. Coe and Fisher documented extensive looting and encountered little undisturbed area of the site. Artifacts indicate a Mississippian occupation. The collection is stored in the McClung Museum, University of Tennessee, Knoxville, TN. As indicated by excavation notes, the human remains consist of an infant encased in plaster that is housed within a burlap. Due to the plaster encasement, the MCX-CMAC could not verify the number or age of individuals encased within the plaster. No known individual was identified. No associated funerary objects are present. In 1959, human remains representing, at minimum, two individuals were removed from the Shamble site (40SW41) in Stewart County, TN. Michael D. Coe and F. William Fischer of the University of Tennessee undertook archaeological research at the Shamble site prior to the inundation of Lake Barkley. Artifacts indicate Woodland and Mississippian occupation and a mound at the site dates to the Mississippian period. The collection is stored in the McClung Museum, University of Tennessee, Knoxville, TN. The human remains consist of an adult male and an adult probable male. No known individuals were identified. No associated funerary objects are present. In 1962, human remains representing, at minimum, 26 individuals were removed from the Hogan site (40SW24) in Stewart County, TN. J.B. Graham of the University of Tennessee undertook excavation of the site prior to the inundation of Lake Barkley. Artifacts indicated Archaic, Woodland, and Mississippian occupation. The Mississippian occupation covered approximately five acres and contained a stone box grave cemetery. The collection is stored in the McClung Museum, University of Tennessee, Knoxville, TN. The human remains consist of one adult female, three adult probable females, three adult males, 10 adults of indeterminate sex, five sub-adults, and four infants. No known individuals were identified. The 87 associated funerary objects include fragments of a copper rattle consisting of 12 copper fragments and 12 pebbles, 2 reconstructed pottery vessels, 3 pottery vessels, 1 clay owl effigy, 1 pottery trowel, 1 pottery sherd, 1 shell gorget, 8 shell gorget fragments, 6 mussel shells, 8 mussel shell fragments, 1 scalloped quart pendant, 1 limestone disc, 2 bone awls, 1 bone needle, 22 bone scraper fragments, 1 hammerstone, 2 chert flakes, and 2 cannel coals. In 1962, human remains representing, at minimum, eight individuals were removed from the Buchanan site (40SW33) in Stewart County, TN. J.B. Graham of the University of Tennessee undertook excavation of the site prior to the inundation of Lake Barkley. Artifacts indicate Archaic, Woodland, and Mississippian occupation of less than an acre in size. The collection is stored in the McClung Museum, University of Tennessee, Knoxville, TN. The human remains date to the Archaic and Mississippian period and consist of two adult probable females, two adult probable males, two adults of indeterminate sex, and two infants. No known individuals were identified. The 44 associated funerary objects are pottery sherds representing two vessels. On July 10, 1962, human remains representing, at minimum, two individuals were removed from the Harry Rodgers site (15TR17) in Trigg County, KY. Rudolf Berle Clay of the University of Kentucky collected the remains from a sand bank. Artifacts [[Page 33156]] indicated Woodland and Mississippian occupation. The collection is stored at the Webb Museum, University of Kentucky, Lexington, KY. The human remains consist of an adult probable male and an infant. No known individuals were identified. No associated funerary objects are present. In July of 1962, human remains representing, at minimum, one individual were removed from the Wilson site (15TR19) in Trigg County, KY. Rudolf Berle Clay of the University of Kentucky collected the remains from a sand bank. The collection is stored at the Webb Museum, University of Kentucky, Lexington, KY. The human remains consist of an adult probable male. No known individual was identified. No associated funerary objects are present. These sites were excavated as part of the U.S. Army Corps of Engineers, Lake Barkley Project, by the University of Kentucky and the University of Tennessee, using funds provided by the National Park Service under the River Basins Archaeological Salvage Program. Determinations Made by the Nashville District Officials of the U.S. Army Corps of Engineers, Nashville District have determined that:Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on the archeological context. Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 40 individuals of Native American ancestry. Pursuant to 25 U.S.C. 3001(3)(A), the 131 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. According to final judgments of the Indian Claims Commission or the Court of Federal Claims, the land from which the Native American human remains and associated funerary objects from sites 15TR19, 40SW23, and 40SW41 were removed is the aboriginal land of the Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma. Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains from sites 15TR17, 40SW24, and 40SW33 were removed is the aboriginal land of Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma. Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains and associated funerary objects may be jointly to the Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma. Additional Requestors and Disposition Representatives of any 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 with information in support of the request to: Dr. Valerie McCormack, Archaeologist, Department of Defense, Nashville District, Corps of Engineers, U.S. Army Corps of Engineers, Nashville District, 110 9th Avenue South, Room A-405, Nashville, TN 37203, telephone (615) 736-7847, email [email protected] by August 18, 2017. 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, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma may proceed. The U.S. Army Corps of Engineers, Nashville District is responsible for notifying The Consulted Tribes that this notice has been published. Dated: June 1, 2017. Melanie O'Brien, Manager, National NAGPRA Program. [FR Doc. 2017-15106 Filed 7-18-17; 8:45 am] BILLING CODE 4312-52-P
![Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 33155
DEPARTMENT OF THE INTERIOR were removed from Trigg County, KY, Woodland and Mississippian
and Stewart County, TN. occupation and a mound at the site
National Park Service This notice is published as part of the dates to the Mississippian period. The
[NPS–WASO–NAGPRA–23503;
National Park Service’s administrative collection is stored in the McClung
PPWOCRADN0–PCU00RP14.R50000] responsibilities under NAGPRA, 25 Museum, University of Tennessee,
U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Knoxville, TN. The human remains
Notice of Inventory Completion: U.S. The determinations in this notice are consist of an adult male and an adult
Department of Defense, Army Corps of the sole responsibility of the museum, probable male. No known individuals
Engineers, Nashville District, institution, or Federal agency that has were identified. No associated funerary
Nashville, TN control of the Native American human objects are present.
remains and associated funerary objects. In 1962, human remains representing,
AGENCY: National Park Service, Interior. The National Park Service is not at minimum, 26 individuals were
ACTION: Notice. responsible for the determinations in removed from the Hogan site (40SW24)
this notice. in Stewart County, TN. J.B. Graham of
SUMMARY: The U.S. Army Corps of the University of Tennessee undertook
Engineers, Nashville District (USACE), Consultation
excavation of the site prior to the
has completed an inventory of human A detailed assessment of the human inundation of Lake Barkley. Artifacts
remains and associated funerary objects, remains was made by the U.S. Army indicated Archaic, Woodland, and
in consultation with the appropriate Corps of Engineers, Nashville District, Mississippian occupation. The
Indian Tribes or Native Hawaiian and the St. Louis District’s Mandatory Mississippian occupation covered
organizations, and has determined that Center for Expertise for the Curation and approximately five acres and contained
there is no cultural affiliation between Management of Archaeological a stone box grave cemetery. The
the human remains and associated Collections (MCX–CMAC) professional collection is stored in the McClung
funerary objects and any present-day staff in consultation with Museum, University of Tennessee,
Indian Tribes or Native Hawaiian representatives of the Absentee Knoxville, TN. The human remains
organizations. Representatives of any Shawnee Tribe of Indians of Oklahoma, consist of one adult female, three adult
Indian Tribe or Native Hawaiian Cherokee Nation, Eastern Band of probable females, three adult males, 10
organization not identified in this notice Cherokee Indians, Eastern Shawnee adults of indeterminate sex, five sub-
that wish to request transfer of control Tribe of Oklahoma, Shawnee Tribe, The adults, and four infants. No known
of these human remains and associated Chickasaw Nation, The Osage Nation, individuals were identified. The 87
funerary objects should submit a written and United Keetoowah Band of associated funerary objects include
request to the U.S. Army Corps of Cherokee Indians in Oklahoma fragments of a copper rattle consisting of
Engineers, Nashville District. If no (hereafter referred to as ‘‘The Consulted 12 copper fragments and 12 pebbles, 2
additional requestors come forward, Tribes’’). reconstructed pottery vessels, 3 pottery
transfer of control of the human remains vessels, 1 clay owl effigy, 1 pottery
History and Description of the Remains
and associated funerary objects to the trowel, 1 pottery sherd, 1 shell gorget,
Indian Tribes or Native Hawaiian In 1959, human remains representing, 8 shell gorget fragments, 6 mussel
organizations stated in this notice may at minimum, one individual were shells, 8 mussel shell fragments, 1
proceed. removed from the Stone site (40SW23) scalloped quart pendant, 1 limestone
DATES: Representatives of any Indian
in Stewart County, TN. Michael D. Coe disc, 2 bone awls, 1 bone needle, 22
Tribe or Native Hawaiian organization and F. William Fischer of the University bone scraper fragments, 1 hammerstone,
not identified in this notice that wish to of Tennessee undertook archaeological 2 chert flakes, and 2 cannel coals.
request transfer of control of these research at the Stone site prior to the In 1962, human remains representing,
human remains and associated funerary inundation of Lake Barkley. Coe and at minimum, eight individuals were
objects should submit a written request Fisher documented extensive looting removed from the Buchanan site
with information in support of the and encountered little undisturbed area (40SW33) in Stewart County, TN. J.B.
request to the U.S. Army Corps of of the site. Artifacts indicate a Graham of the University of Tennessee
Engineers, Nashville District, at the Mississippian occupation. The undertook excavation of the site prior to
address in this notice by August 18, collection is stored in the McClung the inundation of Lake Barkley.
2017. Museum, University of Tennessee, Artifacts indicate Archaic, Woodland,
Knoxville, TN. As indicated by and Mississippian occupation of less
ADDRESSES: Dr. Valerie McCormack, excavation notes, the human remains than an acre in size. The collection is
Archaeologist, Department of Defense, consist of an infant encased in plaster stored in the McClung Museum,
Nashville District, Corps of Engineers, that is housed within a burlap. Due to University of Tennessee, Knoxville, TN.
U.S. Army Corps of Engineers, Nashville the plaster encasement, the MCX– The human remains date to the Archaic
District, 110 9th Avenue South, Room CMAC could not verify the number or and Mississippian period and consist of
A–405, Nashville, TN 37203, telephone age of individuals encased within the two adult probable females, two adult
(615) 736–7847, email plaster. No known individual was probable males, two adults of
valerie.j.mccormack@usace.army.mil. identified. No associated funerary indeterminate sex, and two infants. No
SUPPLEMENTARY INFORMATION: Notice is objects are present. known individuals were identified. The
asabaliauskas on DSKBBXCHB2PROD with NOTICES
here given in accordance with the In 1959, human remains representing, 44 associated funerary objects are
Native American Graves Protection and at minimum, two individuals were pottery sherds representing two vessels.
Repatriation Act (NAGPRA), 25 U.S.C. removed from the Shamble site On July 10, 1962, human remains
3003, of the completion of an inventory (40SW41) in Stewart County, TN. representing, at minimum, two
of human remains and associated Michael D. Coe and F. William Fischer individuals were removed from the
funerary objects under the control of the of the University of Tennessee Harry Rodgers site (15TR17) in Trigg
U.S. Army Corps of Engineers, Nashville undertook archaeological research at the County, KY. Rudolf Berle Clay of the
District, Nashville, TN. The human Shamble site prior to the inundation of University of Kentucky collected the
remains and associated funerary objects Lake Barkley. Artifacts indicate remains from a sand bank. Artifacts
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![33156 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
indicated Woodland and Mississippian remains from sites 15TR17, 40SW24, in-part an initial determination (‘‘ID’’)
occupation. The collection is stored at and 40SW33 were removed is the (Order No. 27) of the presiding
the Webb Museum, University of aboriginal land of Cherokee Nation, administrative law judge (‘‘ALJ’’)
Kentucky, Lexington, KY. The human Eastern Band of Cherokee Indians, and granting Complainant’s motion for
remains consist of an adult probable United Keetoowah Band of Cherokee summary determination of section 337
male and an infant. No known Indians in Oklahoma. violation by Defaulting Respondents.
individuals were identified. No • Pursuant to 43 CFR 10.11(c)(1), the Specifically, the Commission has
associated funerary objects are present. disposition of the human remains and determined to review the ID’s analysis
In July of 1962, human remains associated funerary objects may be and findings with respect to the
representing, at minimum, one jointly to the Cherokee Nation, Eastern existence of a domestic industry. The
individual were removed from the Band of Cherokee Indians, and United Commission also requests written
Wilson site (15TR19) in Trigg County, Keetoowah Band of Cherokee Indians in submissions, under the schedule set
KY. Rudolf Berle Clay of the University Oklahoma. forth below, on remedy, the public
of Kentucky collected the remains from interest, and bonding.
Additional Requestors and Disposition
a sand bank. The collection is stored at FOR FURTHER INFORMATION CONTACT:
the Webb Museum, University of Representatives of any Indian Tribe or Houda Morad, Office of the General
Kentucky, Lexington, KY. The human Native Hawaiian organization not Counsel, U.S. International Trade
remains consist of an adult probable identified in this notice that wish to Commission, 500 E Street SW.,
male. No known individual was request transfer of control of these Washington, DC 20436, telephone (202)
identified. No associated funerary human remains and associated funerary 708–4716. Copies of non-confidential
objects are present. objects should submit a written request documents filed in connection with this
These sites were excavated as part of with information in support of the investigation are or will be available for
the U.S. Army Corps of Engineers, Lake request to: Dr. Valerie McCormack, inspection during official business
Barkley Project, by the University of Archaeologist, Department of Defense, hours (8:45 a.m. to 5:15 p.m.) in the
Kentucky and the University of Nashville District, Corps of Engineers, Office of the Secretary, U.S.
Tennessee, using funds provided by the U.S. Army Corps of Engineers, Nashville International Trade Commission, 500 E
National Park Service under the River District, 110 9th Avenue South, Room Street SW., Washington, DC 20436,
Basins Archaeological Salvage Program. A–405, Nashville, TN 37203, telephone telephone (202) 205–2000. General
(615) 736–7847, email information concerning the Commission
Determinations Made by the Nashville
valerie.j.mccormack@usace.army.mil by may also be obtained by accessing its
District
August 18, 2017. After that date, if no Internet server at https://www.usitc.gov.
Officials of the U.S. Army Corps of additional requestors have come The public record for this investigation
Engineers, Nashville District have forward, transfer of control of the may be viewed on the Commission’s
determined that: human remains and associated funerary electronic docket (EDIS) at https://
• Pursuant to 25 U.S.C. 3001(9), the objects to the Cherokee Nation, Eastern edis.usitc.gov. Hearing-impaired
human remains described in this notice Band of Cherokee Indians, and United persons are advised that information on
are Native American based on the Keetoowah Band of Cherokee Indians in this matter can be obtained by
archeological context. Oklahoma may proceed.
• Pursuant to 25 U.S.C. 3001(9), the contacting the Commission’s TDD
The U.S. Army Corps of Engineers, terminal on (202) 205–1810.
human remains described in this notice Nashville District is responsible for
represent the physical remains of 40 SUPPLEMENTARY INFORMATION: The
notifying The Consulted Tribes that this Commission instituted this investigation
individuals of Native American notice has been published.
ancestry. on August 1, 2016, based on a complaint
• Pursuant to 25 U.S.C. 3001(3)(A), Dated: June 1, 2017. filed by Complainant Excel Dryer, Inc.
the 131 objects described in this notice Melanie O’Brien, of East Longmeadow, Massachusetts,
are reasonably believed to have been Manager, National NAGPRA Program. alleging a violation of section 337 of the
placed with or near individual human [FR Doc. 2017–15106 Filed 7–18–17; 8:45 am] Tariff Act of 1930, as amended, 19
remains at the time of death or later as BILLING CODE 4312–52–P U.S.C. 1337 (‘‘section 337’’), based upon
part of the death rite or ceremony. the importation into the United States,
• Pursuant to 25 U.S.C. 3001(2), a or in the sale of certain hand dryers and
relationship of shared group identity INTERNATIONAL TRADE housings for hand dryers by reason of
cannot be reasonably traced between the COMMISSION trade dress infringement, the threat or
Native American human remains and effect of which is to destroy or
associated funerary objects and any [Investigation No. 337–TA–1015] substantially injure an industry in the
present-day Indian Tribe. United States. See 81 FR 50549–50
Certain Hand Dryers and Housings for
• According to final judgments of the (Aug. 1, 2016). The notice of
Hand Dryers; Commission investigation identified twelve
Indian Claims Commission or the Court
Determination To Review In-Part an respondents, namely: ACL Group (Intl.)
of Federal Claims, the land from which
Initial Determination Granting Ltd. of Skelbrooke, United Kingdom
the Native American human remains
Complainant’s Motion for Summary (‘‘ACL’’); Alpine Industries Inc. of
and associated funerary objects from
Determination of Section 337 Violation
asabaliauskas on DSKBBXCHB2PROD with NOTICES
sites 15TR19, 40SW23, and 40SW41 Irvington, New Jersey (‘‘Alpine’’);
by the Defaulting Respondents FactoryDirectSale of Ontario, California;
were removed is the aboriginal land of
the Cherokee Nation, Eastern Band of AGENCY: U.S. International Trade Fujian Oryth Industrial Co., Ltd. (a/k/a
Cherokee Indians, and United Commission. Oryth) of Fujian, China (‘‘Oryth’’);
Keetoowah Band of Cherokee Indians in ACTION: Notice. Jinhua Kingwe Electrical Co. Ltd., (a/k/
Oklahoma. a Kingwe) of Jinhua City, China
• Treaties, Acts of Congress, or SUMMARY: Notice is hereby given that (‘‘Kingwe’’); Penson & Co. of Shanghai,
Executive Orders, indicate that the land the U.S. International Trade China (‘‘Penson’’); Taizhou Dihour
from which the Native American human Commission has determined to review Electrical Appliances Co., Ltd., a/k/a
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Document Created: 2017-07-19 06:17:14
Document Modified: 2017-07-19 06:17:14
| 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 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 with information in support of the request to the U.S. Army Corps of Engineers, Nashville District, at | |
| FR Citation | 82 FR 33155 |
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