82 FR 41990 - Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 82, Issue 170 (September 5, 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 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41990-41991]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18687]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-23787]


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 5, 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 archeological sites 
in Jackson and Marshal 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 the United Keetoowah Band of Cherokee Indians in Oklahoma 
(hereafter referred to as ``The Consulted Tribes'').

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 excavated from the sites 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 March to April of 1938, human remains representing, at 
minimum, 37 individuals were removed from the Hardin site (1JA27) in 
Jackson County, AL, after TVA acquired the site on October 16, 1936. 
Excavations revealed two occupations, including Late Woodland Flint 
River phase (A.D. 500-1000) and Mississippian Henry Island phase (A.D. 
1200-1450). The human remains include adults, juveniles, and infants of 
both sexes. No known individuals were identified. No associated 
funerary objects are present.
    From January to June of 1938, human remains representing, at 
minimum, 158 individuals were removed from the Saulty and Riley site 
(1JA28) in Jackson County, AL, after TVA purchased the site on October 
16, 1936. Site 1JA28 was composed of both a village and adjacent mound, 
with Woodland (Flint River phase) and Mississippian (Henry Island

[[Page 41991]]

phase) occupations identified. The human remains include adults, 
juveniles and children of both sexes. No known individuals were 
identified. The 4,711 associated funerary objects include 1 stone adze; 
1 biface fragment; 17 bone awls; 1 bone fish hook; 1 stone celt; 2 
Little Bear Creek projectile points; 1non-cortical flake; 2 
unidentified projectile points; 4,680 shell beads; 3 shell gorgets/
pendants; 1 stone discoidal; and 1 turtle shell net gage.
    From September of 1938 to January of 1939, human remains 
representing, at minimum, 84 individuals were removed from the Laws 
site (1MS100) on Pine Island in Marshall County, AL, after TVA 
purchased the land on April 21, 1937. Excavations began at the levee 
adjacent to the river and proceeded by both vertical slicing and 
horizontal excavations. There appear to have been at least four 
occupations at this site, including a pre-ceramic period with steatite 
vessels; a village using limestone-tempered pottery during the Flint 
River phase (A.D. 500-1000); a late Mississippian occupation using 
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 human remains include adults, juveniles 
and infants of both sexes. No known individuals were identified. The 
249 associated funerary objects include 1 bone awl; 1 canine bone; 2 
pieces of fired clay; 1 graphite nodule; 1 modified bone; 241 shell 
beads; 1 shell ear plug; and 1 shell pendant.
    From October to November of 1937, human remains representing, at 
minimum, 11 individuals were removed from site 1MS121 on Pine Island in 
Marshall County, AL, after TVA purchased the site 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 human 
remains include adults, juveniles and infants of both sexes. No known 
individuals were identified. No associated funerary objects are 
present.
    At the time of the excavation and removal of these human remains 
and associated funerary objects, the land from which the human remains 
and associated funerary objects were removed was not the tribal land of 
any federally recognized Indian tribe. On May 2, 2017, 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 the 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, TVA has decided to 
transfer control of the human remains and associated 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.

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 290 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 4,960 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: The Cherokee Nation, Eastern Band of Cherokee Indians, and 
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 (previously listed as the Alabama-
Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; 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 (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

    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 October 
5, 2017. 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 (previously 
listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte 
Tribal Town; Coushatta Tribe of Louisiana; and The Muscogee (Creek) 
Nation may proceed.
    TVA is responsible for notifying The Consulted Tribes that this 
notice has been published.

    Dated: August 29, 2017.
Sarah Glass,
Acting Manager, National NAGPRA Program.
[FR Doc. 2017-18687 Filed 9-1-17; 8:45 am]
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