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###### Department of the Interior

###### National Park Service

          - [NPS-WASO-NAGPRA-NPS0037176; PPWOCRADN0-PCU00RP14.R50000]

# AGENCY:

National Park Service, Interior.

# ACTION:

Notice.

# SUMMARY:

In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Army Corps of Engineers, Nashville District in cooperation with the University of Tennessee, Department of Anthropology (UTK) has completed an inventory of human remains and associated funerary objects and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any Indian Tribe. The human remains and associated funerary objects were removed from Stewart County, TN.

# DATES:

Disposition of the human remains and associated funerary objects in this notice may occur on or after February 2, 2024.

# ADDRESSES:

                        Crystal Geiger, Archaeologist, U.S. Army Corps of Engineers, Nashville District, 110 9th Avenue South, Room A-405, Nashville, TN 37203, telephone (615) 736-2472, email                         *crystal.l.geiger@usace.army.mil*                         and Dr. Ozlem Kilic, Vice Provost for Academic Affairs, University of Tennessee, 527 Andy Holt Tower, Knoxville, TN 37996-0152, telephone (865) 974-2454, email                         *okilic@utk.edu*                         and                         *vpaa@utk.edu.*

# 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, Nashville District. The National Park Service is not responsible for the determinations in this notice. Additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records held by the U.S. Army Corps of Engineers, Nashville District.

## Description

                    In 1959, Michael D. Coe and F. William Fischer of the University of Tennessee undertook archeological research at the Stone site (40SW23) prior to the inundation of Lake Barkley. Coe and Fisher documented extensive looting and encountered few undisturbed areas of the site. Artifacts indicate a Mississippian occupation. Notices of Inventory Completion were published in the                     **Federal Register**                     on July 19, 2017 (82 FR 33155-33156), July 6, 2020 (85 FR 40314), and May 24, 2023 (88 FR 33635) listing human remains and associated funerary objects from this site that have been repatriated. Subsequently, 19 additional funerary objects associated with these individuals were discovered in University of Tennessee collections. The collection is stored in the McClung Museum, University of Tennessee, Knoxville, TN. The 19 associated funerary objects are four lots of faunal bones, four lots of lithics, four lots of ceramic sherds, two lots of botanical material, three lots of coal fragments, and two dog mandible fragments.                

                    In 1959, human remains representing, at minimum, six individuals were removed from the Shamble site (40SW41) in Stewart County, TN. Michael D. Coe and F. William Fischer of the University of Tennessee undertook archeological research at the Shamble site prior to the inundation of Lake Barkley. Artifacts indicate Woodland and Mississippian occupation and a mound at the site dates to the Mississippian period. The collection is stored in the McClung Museum, University of Tennessee, Knoxville, TN. The human remains belong to four adults of indeterminate sex and two subadults. The 23 associated funerary objects are one lot of lithics, three lots, 15 faunal bones, three lots of ceramics sherds, and one lot of coal fragments. (A Notice of Inventory Completion for additional human remains and associated funerary objects from this site was published in the                     **Federal Register**                     on July 19, 2017 (82 FR 33155-33156). The repatriation and reburial of those human remains and associated funerary objects took place in August of 2018.)                

## Aboriginal Land

The human remains and associated funerary objects in this notice were removed from known geographic locations. These locations are the aboriginal lands of one or more Indian Tribes. The following information was used to identify the aboriginal land: a final judgment of the Indian Claims Commission or the United States Court of Claims and treaties.

## Determinations

                    Pursuant to NAGPRA and its implementing regulations, and after consultation with the appropriate                           ( print page 407)                        Indian Tribes, the U.S. Army Corps of Engineers, Nashville District has determined that:                
    - The human remains described in this notice represent the physical remains of six individuals of Native American ancestry.
    - The 42 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.
    - No relationship of shared group identity can be reasonably traced between the human remains and associated funerary objects and any Indian Tribe.
    - The associated funerary objects described in this notice were removed from the aboriginal land of the Cherokee Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band of Cherokee Indians in Oklahoma.

## Requests for Disposition

                    Written requests for disposition of the human remains and associated funerary objects in this notice must be sent to the Responsible Official identified in                     **ADDRESSES**                    . Requests for disposition may be submitted by:                

1. Any one or more of the Indian Tribes 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 a culturally affiliated Indian Tribe or Native Hawaiian organization, or who shows that the requestor is an aboriginal land Indian Tribe.

Disposition of the human remains and associated funerary objects described in this notice to a requestor may occur on or after February 2, 2024. If competing requests for disposition are received, the U.S. Army Corps of Engineers, Nashville District must determine the most appropriate requestor prior to disposition. Requests for joint disposition of the human remains and associated funerary objects are considered a single request and not competing requests. The U.S. Army Corps of Engineers, Nashville District is responsible for sending a copy of this notice to the Indian Tribes identified in this notice.

*Authority:*                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.9 and 10.11.                

Dated: December 20, 2023.

Melanie O'Brien,

Manager, National NAGPRA Program.

[FR Doc. 2023-28929 Filed 1-2-24; 8:45 am]

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