```

[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Notices]
[Pages 68478-68479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27136]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-17072; PPWOCRADN0-PCU00RP14.R50000]

Notice of Intent To Repatriate Cultural Items: U.S. Department of 
Agriculture, Forest Service, Cherokee National Forest, Cleveland, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Agriculture (USDA), Forest Service, 
Cherokee National Forest, in consultation with the appropriate Indian 
tribes or Native Hawaiian organizations, has determined that the 
cultural items listed in this notice meet the definition of 
unassociated funerary objects. Lineal descendants or representatives of 
any Indian tribe or Native Hawaiian organization not identified in this 
notice that wish to claim these cultural items should submit a written 
request to the USDA Forest Service, Cherokee National Forest. If no 
additional claimants come forward, transfer of control of the cultural 
items to the lineal descendants, Indian tribes, or Native Hawaiian 
organizations stated in this notice may proceed.

DATES: Lineal descendants or representatives of any Indian tribe or 
Native Hawaiian organization not identified in this notice that wish to 
claim these cultural items should submit a written request with 
information in support of the claim to the USDA Forest Service, 
Cherokee National Forest at the address in this notice by December 17, 
2014.

ADDRESSES: Mr. JaSal Morris, Forest Supervisor, Supervisor's Office, 
USDA Forest Service, Cherokee National Forest, 2800 Ocoee Street N., 
Cleveland, TN 37312, telephone (423) 476-9700.

SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the 
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3005, of the intent to repatriate cultural items under the 
control of the USDA Forest Service, Cherokee National Forest, 
Cleveland, TN, that meet the definition of unassociated funerary 
objects under 25 U.S.C. 3001.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The 
determinations in this notice are the sole responsibility of the 
museum, institution, or Federal agency that has control of the Native 
American cultural items. The National Park Service is not responsible 
for the determinations in this notice.

History and Description of the Cultural Items

    In 1977 and 1978, 346 cultural items were removed from the Jackson 
Farm site (40Wg17) in Washington County, TN, by the Forest Service 
archeologist Dr. Howard Earnest. Dr. Earnest removed human remains at 
the same time, but the human remains are not associated with these 
cultural items. Dr. Earnest excavated 20 burial units that were 
extensively disturbed through massive sheet erosion of the site from 
flooding of the Nolichucky River in the fall of 1977. The cultural 
items removed by Dr. Earnest have been curated by Western Carolina 
University since excavation. The 346 unassociated funerary objects are 
292 whole glass beads; 3 half glass beads; 3 marine shell gorgets; 25 
tubular brass beads; 1 brass gorget; 1 brass animal effigy pendant with 
brass tear-shaped pendants; 1 miniature brass effigy axe; 19 mica 
discs; and 1 brass cone or tinkler.
    Based on the location of the Jackson Farm site, it is reasonable to 
assume a relationship of shared group identity between these cultural 
items and the Cherokee people, currently represented by the Cherokee 
Nation, the Eastern Band of Cherokee Indians, and the United Keetoowah 
Band of Cherokee Indians in Oklahoma.

Determinations Made by the USDA Forest Service Cherokee National Forest

    Officials of the USDA Forest Service, Cherokee National Forest have 
determined that:
     Pursuant to 25 U.S.C. 3001(3)(B), the 346 cultural items 
described above 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 and are believed, by a preponderance of the 
evidence, to have been removed from a specific burial site of a Native 
American individual.
     Pursuant to 25 U.S.C. 3001(2), there is a relationship of 
shared group identity that can be reasonably traced between the 
unassociated funerary objects and the Cherokee Nation, the Eastern Band 
of Cherokee Indians, and the United Keetoowah Band of Cherokee Indians 
in Oklahoma.

Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian tribe or Native 
Hawaiian organization not identified in this notice that wish to claim 
these cultural items should submit a written request with information 
in support of the claim to Mr. JaSal Morris, Forest Supervisor, 
Supervisor's Office, USDA Forest Service, Cherokee National Forest, 
2800 Ocoee Street N., Cleveland, TN 37312, telephone (423) 476-9700, by 
December 17, 2014. After that date, if no additional claimants have 
come forward, transfer of control of the unassociated funerary objects 
to the Cherokee Nation, the Eastern Band of Cherokee Indians, and the 
United Keetoowah Band of Cherokee Indians in Oklahoma may proceed.
    The USDA Forest Service, Cherokee National Forest is responsible 
for notifying the Cherokee Nation, the Eastern Band of Cherokee 
Indians, and the United Keetoowah Band of Cherokee Indians in Oklahoma 
that this notice has been published.

[[Page 68479]]

    Dated: October 29, 2014.
Melanie O'Brien,
Acting Manager, National NAGPRA Program.
[FR Doc. 2014-27136 Filed 11-14-14; 8:45 am]
BILLING CODE 4312-50-P
```