82 FR 40803 - Notice of Intent To Repatriate Cultural Items: Tennessee Valley Authority, Knoxville, TN
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 82, Issue 165 (August 28, 2017)
National Park Service
Federal Register Volume 82, Issue 165 (August 28, 2017)
| Page Range | 40803-40804 | |
| FR Document | 2017-18187 |
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)] [Notices] [Pages 40803-40804] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18187] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-23751; PPWOCRADN0-PCU00RP14.R50000] Notice of Intent To Repatriate Cultural Items: Tennessee Valley Authority, Knoxville, TN AGENCY: National Park Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Tennessee Valley Authority (TVA), in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, has determined that the cultural items listed in this notice meet the definition of unassociated funerary objects. Further, TVA has determined that a cultural affiliation between the unassociated funerary objects and present-day federally recognized Indian Tribes can be reasonably traced. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to TVA. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed. DATES: Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to TVA at the address in this notice by September 27, 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. 3005, of the intent to repatriate cultural items under the control of the Tennessee Valley Authority, Knoxville, TN, which meet the definition of unassociated funerary objects under 25 U.S.C. 3001. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American cultural items. The National Park Service is not responsible for the determinations in this notice. History and Description of the Cultural Items On September 28, 1938, two cultural items were removed from the Laws site (1MS100) on Pine Island in Marshall County, AL, after TVA acquired the land on April 21, 1937. There appear to have been at least four occupations at site 1MS100: A pre-ceramic period with steatite vessels; a village period with limestone-tempered pottery during the Flint River phase (A.D. 500-1000); a late Mississippian occupation with shell-tempered ceramics and rectilinear wall trench structures (Crow Creek phase, A.D. 1500-1700); and burials with Euro-American trade goods (circa A.D. 1670-1715). The two unassociated funerary objects are one brass pendant and one brass ring. Excavation records from site 1MS100 indicated that these two unassociated funerary objects were found in burial unit 1 with the fragmentary remains of a child. The human remains are no longer present. The brass ring found in burial unit 1 is similar to the brass rings found in burial units 17 and 40 of the same site which were also child burials. In a separate Notice of Inventory Completion, the human remains from burial units 17 and 40 have been culturally affiliated to Native American descendants of the Koasati/Kaskinampo. These descendants include the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Coushatta Tribe of Louisiana; and The Muscogee (Creek) Nation. On November 29, 1937, two unassociated funerary objects were excavated from burial unit 6 at site 1MS121 on Pine Island in Marshall County, AL, after TVA purchased the land on April 19, 1937. There were excavations in both the village and adjacent mound. There are no radiocarbon dates for this site. Artifacts recovered from the site indicate both a Woodland and Mississippian occupation. The two unassociated funerary objects are one Barton Incised jar and one Bell Plain carinated bowl. Both ceramic vessels are from the Mississippian period. Excavation documents indicate that burial unit 6 did contain human remains, with these funerary objects placed near the head of the individual. These human remains are no longer present. The unassociated funerary objects are similar to those found in burial units 2, 4, and 5 of the same site. In a separate Notice of Inventory Completion, the human remains from burial units 2, 4, and 5 have been [[Page 40804]] culturally affiliated to Native American descendants of the Koasati/ Kaskinampo. These descendants include the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Coushatta Tribe of Louisiana; and The Muscogee (Creek) Nation. Chronicles from Spanish explorers of the 16th century and French explorers of the 17th and 18th century indicate the presence of chiefdom level tribal entities in the southeastern United States which resemble the Mississippian chiefdoms. Linguistic analysis of place names noted by multiple Spanish explorers indicates that Koasati speaking groups inhabited northeastern Alabama. Early maps and research into the historic Native American occupation of northeastern Alabama indicates that the Koasati (as called by the English) or the Kaskinampo (as called by the French) were found at multiple sites in Jackson and Marshall Counties in the 17th and 18th centuries. Oral history, traditions, and expert opinions of the descendants of Koasati/ Kaskinampo indicate that this portion of the Tennessee River valley was a homeland of the Koasati/Kaskinampo people. The subsequent involuntary diaspora of these peoples resulted in descendants of the Koasati/ Kaskinampo among multiple federally recognized Indian Tribes. Determinations Made by the Tennessee Valley Authority Officials of the Tennessee Valley Authority have determined that:Pursuant to 25 U.S.C. 3001(3)(B), the four cultural items described above 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 and are believed, by a preponderance of the evidence, to have been removed from specific burial sites of Native American individuals. Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the unassociated funerary objects and the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama- Quassarte Tribal Town; Coushatta Tribe of Louisiana; and The Muscogee (Creek) Nation. Additional Requestors and Disposition Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim 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 27, 2017. After that date, if no additional claimants have come forward, transfer of control of the unassociated funerary objects to the Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama- Quassarte Tribal Town; Coushatta Tribe of Louisiana; and The Muscogee (Creek) Nation may proceed. The 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); 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 that this notice has been published. Dated: July 11, 2017. Melanie O'Brien, Manager, National NAGPRA Program. [FR Doc. 2017-18187 Filed 8-25-17; 8:45 am] BILLING CODE 4312-52-P
![Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices 40803
History and Description of the Cultural DEPARTMENT OF THE INTERIOR History and Description of the Cultural
Item Items
On February 15, 1978, The Fort Worth National Park Service
On September 28, 1938, two cultural
Museum of Science and History [NPS–WASO–NAGPRA–23751; items were removed from the Laws site
acquired one yucca, stair-step basket, PPWOCRADN0–PCU00RP14.R50000] (1MS100) on Pine Island in Marshall
object identification number 31N.00139, County, AL, after TVA acquired the land
from Lew Meekins. No other Notice of Intent To Repatriate Cultural on April 21, 1937. There appear to have
provenance information is available. Items: Tennessee Valley Authority, been at least four occupations at site
Museum accession and catalog Knoxville, TN 1MS100: A pre-ceramic period with
records, as well as consultations with a AGENCY: National Park Service, Interior. steatite vessels; a village period with
representative of the Santa Rosa ACTION: Notice. limestone-tempered pottery during the
Rancheria Tachi Tribe, in Lemoore, CA, Flint River phase (A.D. 500–1000); a late
indicated that the basket is of Yokut SUMMARY: The Tennessee Valley Mississippian occupation with shell-
design, and would have been utilized Authority (TVA), in consultation with tempered ceramics and rectilinear wall
during the Tribe’s Traditional Coming of the appropriate Indian Tribes or Native trench structures (Crow Creek phase,
Age Ceremonies. The representative of Hawaiian organizations, has determined A.D. 1500–1700); and burials with Euro-
the Santa Rosa Rancheria Tachi Tribe that the cultural items listed in this American trade goods (circa A.D. 1670–
also provided supporting ethnographic notice meet the definition of 1715). The two unassociated funerary
documentation for the cultural unassociated funerary objects. Further, objects are one brass pendant and one
significance of the object. TVA has determined that a cultural brass ring.
affiliation between the unassociated Excavation records from site 1MS100
Determinations Made by The Fort funerary objects and present-day
Worth Museum of Science and History indicated that these two unassociated
federally recognized Indian Tribes can funerary objects were found in burial
Officials of The Fort Worth Museum be reasonably traced. Lineal unit 1 with the fragmentary remains of
of Science and History have determined descendants or representatives of any a child. The human remains are no
that: Indian Tribe or Native Hawaiian longer present. The brass ring found in
• Pursuant to 25 U.S.C. 3001(3)(D), organization not identified in this notice burial unit 1 is similar to the brass rings
the 1 cultural item described above has that wish to claim these cultural items found in burial units 17 and 40 of the
ongoing historical, traditional, or should submit a written request to TVA. same site which were also child burials.
cultural importance central to the If no additional claimants come In a separate Notice of Inventory
Native American group or culture itself, forward, transfer of control of the Completion, the human remains from
rather than property owned by an cultural items to the lineal descendants, burial units 17 and 40 have been
individual. Indian Tribes, or Native Hawaiian culturally affiliated to Native American
• Pursuant to 25 U.S.C. 3001(2), there organizations stated in this notice may descendants of the Koasati/Kaskinampo.
is a relationship of shared group proceed. These descendants include the
identity that can be reasonably traced DATES: Lineal descendants or Alabama-Coushatta Tribe of Texas
between the object of cultural patrimony representatives of any Indian Tribe or (previously listed as the Alabama-
and the Santa Rosa Indian Community Native Hawaiian organization not Coushatta Tribes of Texas); Alabama-
of the Santa Rosa Rancheria, California. identified in this notice that wish to Quassarte Tribal Town; Coushatta Tribe
Additional Requestors and Disposition claim these cultural items should of Louisiana; and The Muscogee (Creek)
submit a written request with Nation.
Lineal descendants or representatives information in support of the claim to
of any Indian Tribe or Native Hawaiian On November 29, 1937, two
TVA at the address in this notice by unassociated funerary objects were
organization not identified in this notice September 27, 2017.
that wish to claim these cultural items excavated from burial unit 6 at site
ADDRESSES: Dr. Thomas O. Maher, TVA, 1MS121 on Pine Island in Marshall
should submit a written request with
400 West Summit Hill Drive, WT11D, County, AL, after TVA purchased the
information in support of the claim to
Knoxville, TN 37902–1401, telephone land on April 19, 1937. There were
Chanin Voss Scanlon, The Fort Worth
(865) 632–7458, email tomaher@tva.gov. excavations in both the village and
Museum of Science and History, 1600
Gendy Street, Fort Worth, TX 76107, SUPPLEMENTARY INFORMATION: Notice is adjacent mound. There are no
telephone (817) 255–9300, email here given in accordance with the radiocarbon dates for this site. Artifacts
cscanlon@fwmsh.org, by September 27, Native American Graves Protection and recovered from the site indicate both a
2017. After that date, if no additional Repatriation Act (NAGPRA), 25 U.S.C. Woodland and Mississippian
claimants have come forward, transfer 3005, of the intent to repatriate cultural occupation. The two unassociated
of control of the object of cultural items under the control of the funerary objects are one Barton Incised
patrimony to the Santa Rosa Indian Tennessee Valley Authority, Knoxville, jar and one Bell Plain carinated bowl.
Community of the Santa Rosa TN, which meet the definition of Both ceramic vessels are from the
Rancheria, California, may proceed. unassociated funerary objects under 25 Mississippian period.
The Fort Worth Museum of Science U.S.C. 3001. Excavation documents indicate that
and History is responsible for notifying This notice is published as part of the burial unit 6 did contain human
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the Santa Rosa Indian Community of the National Park Service’s administrative remains, with these funerary objects
Santa Rosa Rancheria, California, that responsibilities under NAGPRA, 25 placed near the head of the individual.
this notice has been published. U.S.C. 3003(d)(3). The determinations in These human remains are no longer
this notice are the sole responsibility of present. The unassociated funerary
Dated: July 3, 2017. the museum, institution, or Federal objects are similar to those found in
Melanie O’Brien, agency that has control of the Native burial units 2, 4, and 5 of the same site.
Manager, National NAGPRA Program. American cultural items. The National In a separate Notice of Inventory
[FR Doc. 2017–18185 Filed 8–25–17; 8:45 am] Park Service is not responsible for the Completion, the human remains from
BILLING CODE 4312–52–P determinations in this notice. burial units 2, 4, and 5 have been
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![40804 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
culturally affiliated to Native American information in support of the claim to FOR FURTHER INFORMATION CONTACT:
descendants of the Koasati/Kaskinampo. Dr. Thomas O. Maher, TVA, 400 West Cathy Chen, Esq., Office of the General
These descendants include the Summit Hill Drive, WT11D, Knoxville, Counsel, U.S. International Trade
Alabama-Coushatta Tribe of Texas TN 37902–1401, telephone (865) 632– Commission, 500 E Street SW.,
(previously listed as the Alabama- 7458, email tomaher@tva.gov, by Washington, DC 20436, telephone (202)
Coushatta Tribes of Texas); Alabama- September 27, 2017. After that date, if 205–2392. Copies of non-confidential
Quassarte Tribal Town; Coushatta Tribe no additional claimants have come documents filed in connection with this
of Louisiana; and The Muscogee (Creek) forward, transfer of control of the investigation are or will be available for
Nation. unassociated funerary objects to the inspection during official business
Chronicles from Spanish explorers of Alabama-Coushatta Tribe of Texas hours (8:45 a.m. to 5:15 p.m.) in the
the 16th century and French explorers (previously listed as the Alabama- Office of the Secretary, U.S.
of the 17th and 18th century indicate Coushatta Tribes of Texas); Alabama- International Trade Commission, 500 E
the presence of chiefdom level tribal Quassarte Tribal Town; Coushatta Tribe Street SW., Washington, DC 20436,
entities in the southeastern United of Louisiana; and The Muscogee (Creek) telephone (202) 205–2000. General
States which resemble the Mississippian Nation may proceed. information concerning the Commission
chiefdoms. Linguistic analysis of place The TVA is responsible for notifying may also be obtained by accessing its
names noted by multiple Spanish the Absentee Shawnee Tribe of Indians Internet server at https://www.usitc.gov.
explorers indicates that Koasati of Oklahoma; Alabama-Coushatta Tribe The public record for this investigation
speaking groups inhabited northeastern of Texas (previously listed as the may be viewed on the Commission’s
Alabama. Early maps and research into Alabama-Coushatta Tribes of Texas); electronic docket (EDIS) at https://
the historic Native American occupation Cherokee Nation; Coushatta Tribe of edis.usitc.gov. Hearing-impaired
of northeastern Alabama indicates that Louisiana; Eastern Band of Cherokee persons are advised that information on
the Koasati (as called by the English) or Indians; Mississippi Band of Choctaw this matter can be obtained by
the Kaskinampo (as called by the Indians; Poarch Band of Creeks contacting the Commission’s TDD
French) were found at multiple sites in (previously listed as the Poarch Band of terminal on (202) 205–1810.
Jackson and Marshall Counties in the Creek Indians of Alabama); The SUPPLEMENTARY INFORMATION: The
17th and 18th centuries. Oral history, Chickasaw Nation; The Choctaw Nation Commission instituted this investigation
traditions, and expert opinions of the of Oklahoma; The Muscogee (Creek) on January 27, 2017, based on a
descendants of Koasati/Kaskinampo Nation; The Seminole Nation of complaint filed on behalf of Nokia
indicate that this portion of the Oklahoma; and United Keetoowah Band Technologies Oy (‘‘Nokia’’) of Espoo,
Tennessee River valley was a homeland of Cherokee Indians in Oklahoma that Finland. 82 FR 8626 (Jan. 27, 2017). The
of the Koasati/Kaskinampo people. The this notice has been published. complaint alleges violations of section
subsequent involuntary diaspora of 337 of the Tariff Act of 1930, as
Dated: July 11, 2017.
these peoples resulted in descendants of amended, 19 U.S.C. 1337, by reason of
the Koasati/Kaskinampo among Melanie O’Brien,
Manager, National NAGPRA Program. infringement of certain claims of U.S.
multiple federally recognized Indian Patent Nos. 7,415,247; 9,270,301;
Tribes. [FR Doc. 2017–18187 Filed 8–25–17; 8:45 am]
6,393,260; and 6,826,391. The
BILLING CODE 4312–52–P
Determinations Made by the Tennessee complaint further alleges that a
Valley Authority domestic industry exists. The
Officials of the Tennessee Valley Commission’s notice of investigation
Authority have determined that: INTERNATIONAL TRADE named as respondent Apple Inc., a/k/a
• Pursuant to 25 U.S.C. 3001(3)(B), COMMISSION Apple Computer, Inc. (‘‘Apple’’) of
the four cultural items described above Cupertino, California. The Office of
[Investigation No. 337–TA–1039] Unfair Import Investigations (‘‘OUII’’) is
are reasonably believed to have been
placed with or near individual human also participating in the investigation.
Certain Electronic Devices, Including
remains at the time of death or later as This investigation was severed from Inv.
Mobile Phones, Tablet Computers, and
part of the death rite or ceremony and No. 337–TA–1038. See Inv. No. 337–
Components Thereof; Notice of a
are believed, by a preponderance of the TA–1038, Order No. 1 (Jan. 26, 2017).
Commission Determination Not To
evidence, to have been removed from On June 9, 2017, Nokia and Apple
Review an Initial Determination
specific burial sites of Native American filed a joint motion to terminate the
Granting a Joint Motion To Terminate
individuals. investigation based on a Settlement
the Investigation Based on a
• Pursuant to 25 U.S.C. 3001(2), there Settlement Agreement; Termination of
Agreement and Related Agreements.
is a relationship of shared group OUII filed a response indicating that it
the Investigation
identity that can be reasonably traced does not oppose the motion once Nokia
between the unassociated funerary AGENCY: U.S. International Trade and Apple file a revised public version
objects and the Alabama-Coushatta Commission. of the motion and accompanying
Tribe of Texas (previously listed as the ACTION: Notice. agreements. On June 21, 2017, the ALJ
Alabama-Coushatta Tribes of Texas); ordered the parties to file a revised
Alabama-Quassarte Tribal Town; SUMMARY: Notice is hereby given that public version of all of the agreements.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Coushatta Tribe of Louisiana; and The the U.S. International Trade See Order No. 26 (June 21, 2017). That
Muscogee (Creek) Nation. Commission has determined not to same day, the ALJ issued Order No. 27,
review an initial determination (‘‘ID’’) granting the motion and certifying the
Additional Requestors and Disposition (Order No. 30) of the presiding confidential version of the agreements
Lineal descendants or representatives administrative law judge (‘‘ALJ’’) to the Commission. Nokia and Apple
of any Indian Tribe or Native Hawaiian granting a joint motion to terminate the jointly submitted revised public
organization not identified in this notice above-captioned investigation in its versions of the agreements on June 30,
that wish to claim these cultural items entirety based on a Settlement 2017, and July 7, 2017. On July 19,
should submit a written request with Agreement and Related Agreements. 2017, the Commission determined to
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Document Created: 2017-08-28 11:29:43
Document Modified: 2017-08-28 11:29:43
| 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 | Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with | |
| FR Citation | 82 FR 40803 |
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