SUPPLEMENTARY INFORMATION:

This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the University of Alabama at Birmingham and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.

Abstract of Information Available

Ancestor remains representing, at least, two individuals have been identified. The three associated funerary objects are one small to medium sized mammal radius fragment, one broken quartz projectile point (either an Early Woodland Greenville or Late Archaic Savannah-Gary type), and one lot of small univalve and bivalve shells, some of which are burned. The projectile point and shells are not present in UAB's physical collection. Site 1Au28 (“The Gaines Site”) is located in southern Autauga County, AL, along the Alabama River. It is a large, multi-component village site, which was inundated for construction of the Jones Bluff Dam in the 1960s-70s. Site use ranges from the Archaic to Mississippian Periods. The site was excavated by David Chase in the summer of 1967, and the collection was loaned/donated to UAB at an unknown date. The site was also excavated by the University of Alabama staff in 1967 and 1969. Site records and diagnostic artifacts indicate that the Ancestors and belongings housed at UAB are associated with the Cobbs Swamp Phase (~100 BC to A.D. 650) of the Early/Middle Woodland Period. There is no record of any potentially hazardous substances being used to treat the Ancestors or belongings.

Cultural Affiliation

Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.

Determinations

The University of Alabama at Birmingham has determined that:

• The human remains described in this notice represent the physical remains of two individuals of Native American ancestry.
• The three objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.
• There is a connection between the human remains and associated funerary objects described in this notice and the Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas; Mississippi Band of Choctaw Indians; Poarch Band of Creek Indians; Seminole Tribe of Florida; The Choctaw Nation of Oklahoma; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; and the Thlopthlocco Tribal Town.

Requests for Repatriation

Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under ADDRESSES . Requests for repatriation may be submitted by:

1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.

2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.

Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after August 31, 2026. If competing requests for repatriation are received, the University of Alabama at Birmingham must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The University of Alabama at Birmingham is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and any other consulting parties.

Authority: Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.

91 FR 48431