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 U.S. Army Corps of Engineers, Norfolk District, 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

Human remains representing, at least, 10 individuals have been identified from three archaeological sites in Bath County, Virginia. Archaeological sites 44BA3 (Perkins Point), 44BA5 (Huffman), and 44BA15 (Noah's Ark) were investigated as part of archaeological studies conducted for the construction of the Gathright Dam and Lake Moomaw Project. Field investigations were conducted by the James Madison University Archaeological Research Center under the direction of Clarence R. Geier and colleagues between 1978 and 1982. The 357 lots of associated funerary objects are one lot copper beads, three lots copper bead fragments, one lot bifaces, 126 lots of lithic flakes, 10 lots of lithic tool fragments, 54 lots of ceramic sherds, 140 lots of botanical material, two lots of faunal, one lot of red ochre, one possible bead, and 18 lots of unmodified stone. No hazardous substances have been used to treat any of the human remains or associated funerary objects to the knowledge of the U.S. Army Corps of Engineers.

Cultural Affiliation

Based on the information available and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains and associated funerary objects described in this notice.

Determinations

The U.S. Army Corps of Engineers, Norfolk District, has determined that:

• The human remains described in this notice represent the physical remains of 10 individuals of Native American ancestry.
• The 357 lots 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 Monacan Indian Nation.

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, ( printed page 55895) 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 September 30, 2026. If competing requests for repatriation are received, the U.S. Army Corps of Engineers, Norfolk District, 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 U.S. Army Corps of Engineers, Norfolk District, 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 55894