82 FR 39909 - Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 82, Issue 161 (August 22, 2017)

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 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39909-39911]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17647]


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

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-23667; 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 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 September 21, 2017.

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 multiple 
archeological sites in Lawrence, Limestone, Madison, and Morgan 
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 
representatives of the Absentee-Shawnee Tribe of Indians of Oklahoma; 
Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-
Coushatta Tribes of Texas); Cherokee Nation; Coushatta Tribe of 
Louisiana; Eastern Band of Cherokee Indians; Mississippi Band of 
Choctaw Indians; 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; The Seminole Nation of 
Oklahoma; and United Keetoowah Band of Cherokee Indians in Oklahoma 
(hereafter referred to as ``The Consulted Tribes'').

History and Description of the Remains

    In June of 1934, human remains representing, at minimum, 104 
individuals were removed from site 1LA16 in Lawrence County, AL, by the 
Alabama Museum of Natural History at the University of Alabama (AMNH). 
TVA acquired this site on February 14, 1934, for the Wheeler Reservoir 
project. Flooding prevented extensive excavation of the site, which is 
now permanently inundated. There are no radiocarbon dates for this 
site. The human remains are in the physical custody of AMNH and include 
adults, juveniles, children, and infants of both sexes. No known 
individuals were identified. No associated funerary objects are 
present.
    At some time during the 1950s, human remains representing, at 
minimum, one individual were removed from site 1LI19 in Limestone 
County, AL, by James Cambron. TVA acquired this site on August 7, 1934, 
for the Wheeler Reservoir project, but no formal excavations were 
conducted. Stone tools associated with the Archaic period were 
collected from the site. The human remains are in the physical custody 
of AMNH and include one adult, approximately 18 years old, of 
indeterminate sex. No known individual was identified. No associated 
funerary objects are present.
    At some time during the 1950s, human remains representing, at 
minimum, three individuals were removed from sites 1LI20 and 1LI21 in 
Limestone County, AL, by James Cambron. TVA acquired these sites on 
November 24, 1934, for the Wheeler Reservoir project, but no formal 
excavations were conducted. Both sites were described as earthen mounds 
with no chronological placement. The human remains are in the physical 
custody of AMNH and include one adult male, 30-40 years old, and one 
adult female, 30-40 years old, from site 1LI20; and one adult female, 
approximately 50 years old, from site 1LI21. No known individuals were 
identified. No associated funerary objects are present.

[[Page 39910]]

    At some time during the 1950s, human remains representing, at 
minimum, two individuals were removed from sites 1LI25 and 1LI26 in 
Limestone County, AL, by James Cambron. TVA acquired these sites on 
December 17, 1935, for the Wheeler Reservoir project, but no formal 
excavations were conducted. Site 1LI25 was described as an earthen 
mound, but no chronological placement was determined for either site. 
The human remains are in the physical custody of AMNH and include one 
individual, 10-13 years old, of indeterminate sex, from site 1LI25; and 
one adult of indeterminate sex from site 1LI26. No known individuals 
were identified. No associated funerary objects are present.
    In March of 1934, human remains representing, at minimum, 46 
individuals were removed from site 1LI36, in Lawrence County, AL, by 
AMNH. TVA acquired this site on December 17, 1935, for the Wheeler 
Reservoir project, and the excavation was conducted with Federal funds 
in anticipation of the inundation of this site. The site was a shell 
mound adjacent to the river bank with two raised areas designated 
Mounds A and B. Mound A was excavated by C.B. Moore in 1914, but 
artifacts from that excavation are not under TVA's control. Mound B had 
some evidence of stratification with hearths and burned clay floors, 
but it is difficult to determine if this mound was primarily due to the 
collection of village midden, mussel shell, and flood soils over time, 
or intentionally constructed earthen work. There are no radiocarbon 
dates available for this site, but artifacts suggest at least two 
occupations: a Late Woodland McKelvey II phase (A.D. 700-1000) and a 
Mississippian Hobbs Island phase (A.D. 1200-1450). The human remains 
and associated funerary objects are in the physical custody of AMNH and 
include infants, adolescents, and adults of both sexes. No known 
individuals were identified. The three associated funerary objects are 
one antler tool, one Mississippi Plain jar, and one Mississippi Plain 
hemispherical bowl.
    From January 1939 to April 1940, human remains representing, at 
minimum, 232 individuals were removed from the Whitesburg Bridge site 
(1MA10) in Madison County, AL. TVA acquired this site on July 6, 1936, 
for the Wheeler Reservoir project, and excavations of both trenches and 
blocks identified five natural zones (strata). Limestone-tempered Long 
Branch Fabric Marked ceramics from Zone B suggests an occupation during 
the Colbert phase (300 B.C.-A.D. 100). Zones D and E were considered 
pre-ceramic by the excavators and most of the human remains were 
recovered from Zone D. The presence of ground sandstone and soapstone 
vessels and Wade and Cotaco Creek projectile points suggest a Late 
Archaic (4000-1000 B.C.) to Early Woodland (1000-500 B.C.) occupation. 
The human remains and associated funerary objects are in the physical 
custody of AMNH and include adults, juveniles, and infants of both 
sexes. No known individuals were identified. The 1,800 associated 
funerary objects are 2 bar gorgets; 4 bone awls; 1 bone billet; 2 bone 
pins; 7 bone punches; 2 bone shaft-wrench; 14 celts (whole and 
fragments); 1 Cotaco Creek projectile point; 1 Ebenezer projectile 
point ; 1 grooved stone axe; 1 ground stone tool; 4 ground stone 
fragments; 1 hafted limestone tool; 1 hammerstone; 2 wolf jaws 
(headdress); 3 limestone hoes; 1 limestone hoe fragment; 2 limestone 
fragments; 1 flaked and ground limestone tool; 1 chert knife; 1 Little 
Bear Creek projectile point; 3 unidentified projectile points; 1 chert 
preform; 2 sandstone bowls; 224 sandstone bowl sherds; 175 shell and 
copper beads; 1,217 shell beads; 1 siltstone fragment; 6 soapstone bead 
fragments; 110 soapstone bowl sherds; 1 stone bead; 2 turtle plastrons; 
and 5 Wade projectile points.
    From February to March of 1934, human remains representing, at 
minimum, 80 individuals were removed from site 1MG2 in Morgan County, 
AL, by AMNH. TVA acquired two parcels of land encompassing this site on 
March 15, 1935, and July 24, 1935, for the Wheeler Reservoir 
project.The excavation was conducted with Federal funds in anticipation 
of the inundation of this site. There are no radiocarbon dates from 
this site, but artifacts suggest occupations from the Late Archaic 
(4000-1000 B.C.) to the Late Woodland (500-900 B.C.). The human remains 
are in the physical custody of AMNH and include adults, juveniles, and 
infants of both sexes. No known individuals were identified. No 
associated funerary objects are present.

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 sites and osteological analysis.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 468 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 1,803 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 were 
removed is the aboriginal land of the Cherokee Nation; Eastern Band of 
Cherokee Indians; and United Keetoowah Band of Cherokee Indians in 
Oklahoma.
     The Treaty of September 20, 1816, indicates that the land 
from which the Native American human remains were removed is the 
aboriginal land of The Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(1)(ii), the disposition of the 
human remains may be to the Cherokee Nation; Eastern Band of Cherokee 
Indians; The Chickasaw Nation; and United Keetoowah Band of Cherokee 
Indians in Oklahoma. The Chickasaw Nation has declined to accept 
transfer of control of the human remains.
     Pursuant to 43 CFR 10.11(c)(4), TVA has decided to 
transfer control of the funerary objects associated with the culturally 
unidentifiable human remains 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 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 Summit Hill Drive, WT11D, Knoxville, TN 
37902-1401, telephone (865) 632-7458, email [email protected], by 
September 21, 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.

[[Page 39911]]

    The TVA is responsible for notifying The Consulted Tribes that this 
notice has been published.

    Dated: June 28, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-17647 Filed 8-21-17; 8:45 am]
BILLING CODE 4312-52-P