[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65721-65722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27708]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0027075]


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 Indian Tribes or Native Hawaiian 
organizations, and has determined that there is no cultural affiliation 
between the human remains and associated funerary objects and any 
present-day Indian Tribes or Native Hawaiian organizations. 
Representatives of any Indian Tribe or Native Hawaiian organization 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 Indian Tribes or Native Hawaiian organizations stated in 
this notice may proceed.

DATES: Representatives of any Indian Tribe or Native Hawaiian 
organization 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 January 22, 2019.

ADDRESSES: Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11C, 
Knoxville TN 37902-1401, telephone (865) 632-7458, email 
<a href="/cdn-cgi/l/email-protection#fb8f94969a939e89bb8f8d9ad59c948d"><span class="__cf_email__" data-cfemail="5a2e35373b323f281a2e2c3b743d352c">[email protected]</span></a>.

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, Knoxville, TN. 
The human remains and associated funerary objects were removed from 
Franklin County, 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; 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

    From June-August, 1976, human remains representing, at minimum, 122 
individuals were removed from the Hester site, 1FR311, in Franklin 
County, AL. This site was excavated as part of TVA's Cedar Creek 
Reservoir project by the Alabama Museum of Natural History (AMNH) at 
the University of Alabama. Excavation commenced after TVA acquired the 
land encompassing 1FR311 on May 5, 1976, for the Cedar Creek project. 
Material culture recovered from this site indicates it was primarily 
occupied during the Middle Woodland Copena phase (AD 100--500). The 
human remains are of children, juveniles and adults. Most of the human 
remains were too fragmentary to determine sex. The 105 associated 
funerary objects are 59 copper beads, 17 pieces of galena, 23 conch 
shell vessel fragments, three greenstone celts/spades, and three 
Hillabee schist spades.
    From July-August, 1973, human remains representing, at minimum, 81 
individuals were removed from the Massey Mound, 1FR520, in Franklin 
County, AL. This site was excavated as part of TVA's Little Bear Creek 
reservoir project by the AMNH at the University of Alabama. TVA 
purchased the land encompassing this site on October 28, 1968.
    Site 1FR520 is a mortuary stone mound approximately 30 feet in 
diameter and two to three feet high situated on a ridge overlooking the 
confluence of Little Bear Creek and Trace Branch. It was used primarily 
during the Middle Woodland Lick Creek phase (AD 1--300). The human 
remains represent infants, juveniles and adults. Most of the human 
remains were too fragmentary to determine sex. The 26 associated 
funerary objects are one chert biface, 24 fragments of turtle shell, 
and one bag of mussel shell fragments.
    From August-September, 1977, human remains representing, at 
minimum, 26 individuals were excavated from the Hendrix site, 1FR562, 
in Franklin County, AL. This site was excavated as part of TVA's Cedar 
Creek reservoir project by the AMNH at the University of Alabama. TVA 
purchased the land encompassing this site on July 28, 1976.
    Site 1FR562 is a village site that was occupied primarily during 
the Late Archaic (4000-1000 B.C.) and Middle Woodland Lost Creek phase 
(A.D. 500-700). The human remains represent adults, juveniles, children 
and infants. Most of the human remains were too fragmentary to 
determine sex. The 45 associated funerary objects are two chert cores, 
one soil sample, 20 red ochre fragments, 10 bone fragments, two bone 
billets, four antler tine tools, one bone fid, one bone awl, one piece 
of ground sandstone, two sandstone bowls and one turtle shell fragment.
    From November-December, 1972, human remains representing, at 
minimum, 178 individuals were removed from the Carpenter Mound, 1FR594, 
in Franklin County, AL. This site was excavated as part of TVA's Little 
Bear Creek reservoir project by the AMNH at the University of Alabama.

[[Page 65722]]

TVA purchased the land encompassing this site on June 12, 1968.
    Site 1FR594 is a mortuary stone mound that was primarily used 
during the Middle Woodland Lick Creek phase (A.D. 1-300). Its ``donut 
shape'' is the result of looting. When excavators systematically 
disassembled this stone mound, they found human remains interspersed 
among the stone slabs. Some burials appear to have been primary 
inhumations topped by stone, while others appeared to contain human 
remains that had been cremated or defleshed elsewhere and then placed 
among the stones. The excavators did not note any prehistoric 
habitation adjacent to this stone mound. The human remains represent 
infants, juveniles and adults. Most of the remains were too fragmentary 
to determine sex. There are no associated funerary objects.

Determinations Made by the Tennessee Valley Authority

    Officials of Tennessee Valley Authority have determined that:

    <bullet> Pursuant to 25 U.S.C. 3001(9), the human remains 
described in this notice represent are Native American, based on 
their presence in prehistoric archeological sites and osteological 
analysis.
    <bullet> Pursuant to 25 U.S.C. 3001(9), the human remains 
described in this notice represent the physical remains of 407 
individuals of Native American ancestry.
    <bullet> Pursuant to 25 U.S.C. 3001(3)(A), the 176 funerary 
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.
    <bullet> 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.
    <bullet> 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.
    <bullet> The Treaty of September 20, 1816, indicates that the 
land from which the Native American human remains and associated 
funerary objects were removed is the aboriginal land of The 
Chickasaw Nation.
    <bullet> Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains and associated funerary objects may be to the Cherokee 
Nation; Eastern Band of Cherokee Indians; The Chickasaw Nation; and 
the United Keetoowah Band of Cherokee Indians in Oklahoma. The 
Cherokee Nation; Eastern Band of Cherokee Indians; and United 
Keetoowah Band of Cherokee Indians in Oklahoma have declined to 
accept transfer of control of the human remains.
    <bullet> 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 Chickasaw Nation.

Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization 
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, WT11C, Knoxville, TN 
37902-1401, telephone (865) 632-7458, email <a href="/cdn-cgi/l/email-protection#73071c1e121b1601330705125d141c05"><span class="__cf_email__" data-cfemail="f682999b979e9384b6828097d8919980">[email protected]</span></a>, by January 
22, 2019. After that date, if no additional requestors have come 
forward, transfer of control of the human remains and associated 
funerary objects to The Chickasaw Nation may proceed.
    The Tennessee Valley Authority is responsible for notifying The 
Consulted Tribes that this notice has been published.

    Dated: November 28, 2018.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2018-27708 Filed 12-20-18; 8:45 am]
 BILLING CODE 4312-52-P


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