[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39904-39906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17649]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-23669; PPWOCRADN0-PCU00RP14.R50000]


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 federally recognized Indian Tribes, 
and has determined that a cultural affiliation between the human 
remains and associated funerary objects and any present-day federally 
recognized Indian Tribes cannot be reasonably traced. Representatives 
of any federally recognized Indian Tribe 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 federally recognized 
Indian Tribe stated in this notice may proceed.

DATES: Representatives of any federally recognized Indian Tribe 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 September 21, 2017.

ADDRESSES: Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11D, 
Knoxville TN 37902-1401, telephone (865) 632-7458, email 
<a href="/cdn-cgi/l/email-protection#c2b6adafa3aaa7b082b6b4a3eca5adb4"><span class="__cf_email__" data-cfemail="e4908b89858c8196a4909285ca838b92">[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. The human remains 
and associated funerary objects were removed from archeological sites 
in Colbert and Lauderdale Counties, 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; Mississippi Band of 
Choctaw 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 United Keetoowah Band of Cherokee Indians in Oklahoma 
(hereafter referred to as ``The Consulted Tribes'').

History and Description of the Remains

    From August 5, 1936 to August 13, 1937, human remains representing, 
at minimum, 309 individuals were removed from the Mulberry Creek site 
(1CT27) in Colbert County, AL, by the Alabama Museum of Natural History 
at the University of Alabama (AMNH). TVA acquired this site on March 
25, 1936, for the Pickwick Reservoir project. This shell midden site 
was at the confluence of Mulberry Creek and the Tennessee River. While 
there are no radiocarbon dates from this site, the stratified 
distribution of material culture suggests the primary occupation was 
during the Late Archaic period (4000-1000 B.C.). Ceramics were only 
found in the upper three feet of this shell midden, suggesting 
occupations during the Colbert (300 B.C.-A.D. 100) and McKelvey phases 
(A.D. 500-1000). The human remains and associated funerary objects are 
in the physical custody of AMNH and include adults, juveniles, and 
infants of both sexes. No known individuals were identified. The 3,300 
associated funerary objects are 3 stone flakes; 2 antler billets; 2 
antler punches; 1 anvil stone; 1 atlatl weight; 4 Baldwin Plain body 
sherds; 1 Baytown Plain var. McKelvey rim sherd; 1 Benton projectile 
point; 18 chert bifaces; 5 bone beads; 2 bone fids/awls; 1 bone needle; 
12 bone pins; 7 bone pin fragments; 1 carved bone pin; 1 chert celt; 3 
ceramic sherds; 175 crinoid stems; 1 Cypress Creek projectile point; 1 
Elora projectile point; 2 chert drills; 2 shell gorget fragments; 2 
hammerstones; 1 hoe, limestone; 1 knife, chert; 8 unidentified 
projectile points; 1 Little Bear Creek projectile point; 3 Maples 
projectile points; 4 modified bones; 5 Morrow Mountain projectile 
points; 1 Mulberry Creek Cordmarked basal sherd; 1 Mulberry Creek 
projectile point; 54 drilled canine teeth pendants; 2 Pickwick 
projectile points; 4 triangular projectile points; 8 chert preforms; 1 
lot of unmodified shell; 2,903 shell or stone beads; 6 shell gorgets; 1 
stone axe; 2 unmodified turtle shells; 32 turtle shell fragments; 6 
unmodified bivalve shells; and 8 White Springs projectile points.
    From September 22, 1936 to September 30, 1937, human remains 
representing, at minimum, 481 individuals were removed from the Bluff 
Creek site (1LU59) in Lauderdale County, AL, by AMNH. TVA acquired this 
site on December 23, 1936, for the Pickwick Reservoir project, and the 
excavation was conducted with Federal

[[Page 39905]]

funds in anticipation of reservoir construction. This shell mound site 
was found at the confluence of Bluff Creek and the Tennessee River and 
was the accumulation of mussel shell and village midden, rather than an 
intentionally constructed earthen works. Based on the material culture, 
this site was occupied during the Late Archaic (4000-1000 B.C.), Early 
Woodland (1000-100 B.C.), Middle Woodland (Copena phase, A.D. 100-500), 
and Late Woodland (McKelvey phase, A.D. 500-1000). Shell-tempered 
ceramics from the Mississippian period are found in the upper portion 
of this shell midden. The human remains and associated funerary objects 
are in the physical custody of AMNH and include infants, adolescents, 
and adults of both sexes. No known individuals were identified. The 802 
associated funerary objects include 1 adze; 6 antler billets; 1 atlatl 
weight; 40 bone awls; 1 Baldwin Plain sherd; 2 bar gorgets; 4 beaver 
incisors; 1 Bell Plain bottle; 1 Bell Plain jar; 1 biface fragment; 8 
mammal bones; 2 bone pins; 2 bow drill sockets; 3 celts; 10 copper 
beads; 1 copper ornament; 1 wooden earspool; 1 bone fid; 1 fire cracked 
rock; 3 bone flakers; 2 Flint Creek projectile points; 3 Flint River 
Cordmarked sherds; 1 rubbed galena; 1 grooved abrader; 1 hafted drill; 
1 hammerstone; 1 iron ring; 4 jasper beads; 7 mammal mandibles; 1 McKee 
Island Brushed jar; 1 piece of mica; 1 Mississippi Plain jar; 24 
Mississippi Plain sherds; 1 modified antler; 32 modified bones; 47 
pieces of modified turtle shell; 2 bone netting needles; 1 shell 
pendant; 35 teeth pendants; 11 bone projectile points; 1 Cotaco Creek 
projectile point; 1 Elora projectile point; 1 Hamilton Stemmed 
projectile point; 5 unidentified projectile points; 1 Ledbetter 
projectile point; 8 Little Bear Creek projectile points; 2 Madison 
projectile points; 1 McIntyre projectile points; 1 Mud Creek projectile 
point; 1 Pickwick projectile point; 1 Smithsonia projectile point; 1 
Wade projectile point; 3 chert preforms; 3 raccoon baculums; 1 rattle; 
1 lot of seed pods; 21 shells; 377 shell beads; 2 shell cups; 4 shell 
gorgets; 1 stone; 6 stone beads; 5 carnivore teeth; 66 turtle shell 
fragments; 13 tubular bone beads; 2 unmodified bones; 5 Wheeler Dentate 
Stamped sherds; and 1 Wheeler Plain bowl.
    From August 24, 1937 to February 11, 1938, human remains 
representing, at minimum, 141 individuals were removed from the O'Neal 
site (1LU61) in Lauderdale County, AL, by AMNH. TVA acquired this site 
on December 23, 1936, for the Pickwick Reservoir project. The site is a 
shell midden adjacent to the Tennessee River, but because of inclement 
weather and the early closure of the Pickwick Dam, only two trenches 
were dug into this site. The primary occupation of the site took place 
during the Late Archaic period (4000-1000 B.C.). The human remains and 
associated funerary objects are in the physical custody of AMNH and 
include adults, juveniles, children, and infants of both sexes. No 
known individuals were identified. The 676 associated funerary objects 
include 1 antler flaker; 1 antler tine; 1 bear tooth; 1 biface; 1 Bluff 
Creek Simple Stamped sherd; 1 bone awl/fid; 1 bone pin; 2 stone drills; 
6 jasper beads; 2 modified antler; 1 modified bone; 1 Flint Creek 
projectile point; 4 Little Bear Creek projectile point; 1 McIntire 
projectile point; 6 unidentified projectile points; 644 shell beads; 
and 2 shell gorgets/pendants.
    From August to September of 1937, human remains representing, at 
minimum, 7 individuals were removed from the Meander Scar site (1LU62) 
in Lauderdale County, AL, by AMNH. TVA acquired this site on August 23, 
1935, for the Pickwick Reservoir project. Due to persistent flooding at 
the confluence of Bluff Creek and the Tennessee River, excavations were 
limited, and there are no radiocarbon dates from this site. The pottery 
recovered indicates occupations during the Woodland period (300 B.C.-
A.D. 1000). The human remains are in the physical custody of AMNH and 
include fragmented remains of adults and children of both sexes. No 
known individuals were identified. No associated funerary objects are 
present.
    From May 20 to June 9, 1936, human remains representing, at 
minimum, 8 individuals were removed from site 1LU63 in Lauderdale 
County, AL, by AMNH. TVA acquired this site on October 28, 1936, for 
the Pickwick Reservoir project, and the excavation was conducted with 
Federal funds in anticipation of the reservoir construction. This site 
was one of two burial mounds in the area, and the mound was trenched 
and systematically excavated vertically with a focus on identifying 
burial pits. Four soil zones modified by human activity were 
identified, and although there are no radiocarbon dates, funerary 
objects indicate that the mound was created during the Middle Woodland 
Copena phase (A.D. 100-500). The human remains and associated funerary 
objects are in the physical custody of AMNH including adults and an 
infant of indeterminate sex. No known individuals were identified. The 
17 associated funerary objects include 1 conch shell cup; 2 copper 
earspools; 2 copper earspool fragments; 1 copper reel gorget; and 11 
galena nodules.
    In July of 1988, human remains representing, at minimum, 4 
individuals were removed from Colliers Cave (1LU494) in Lauderdale 
County, AL, by the University of Alabama field school. TVA acquired 
this site on March 28, 1936, for the Pickwick Reservoir project. The 
site is a large cave that consists of a main passage and several side 
passages, with evidence of pot-hunting and excavations. The University 
of Alabama field school excavated two test pits and a trench, but the 
chronological placement of the site is unknown. The human remains are 
in the physical custody of AMNH and include three adults and one infant 
of unknown sex. No known individuals were identified. No associated 
funerary objects are present.
    From June 29 to July 1, 1988, human remains representing, at 
minimum, 23 individuals were removed from site 1LU495 in Lauderdale 
County, AL, by the University of Alabama field school. TVA acquired 
this site on February 18, 1937, for the Pickwick Reservoir project The 
site is a cave adjacent to Coffee Slough in the vicinity of Seven Mile 
Island. The University of Alabama field school excavated two small 
units, but the chronological placement of the site is unknown. The 
human remains are in the physical custody of AMNH but are too small to 
identify the sex of the individuals with ages ranging from 6 months to 
30 years old. No known individuals were identified. No associated 
funerary objects are present.
    In 1988, human remains representing, at minimum, 4 individuals were 
surface collected from Coffee Cave (1LU499) in Lauderdale County, AL, 
by the University of Alabama field school. TVA acquired this site on 
November 23, 1936. Coffee Cave is adjacent to Coffee Slough in the 
vicinity of Seven Mile Island. The human remains are in the physical 
custody of AMNH and are too fragmentary to identify the sex but include 
two juveniles between 11 and 12 years old; one young adult between 15 
and 25 years old; and one adult, 18 years or older. No known 
individuals were identified. No associated funerary objects are 
present.

Determinations Made by the Tennessee Valley Authority

    Officials of TVA have determined that:
    <bullet> Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on their presence in 
prehistoric archeological sites and osteological analysis.

[[Page 39906]]

    <bullet> Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 977 individuals of 
Native American ancestry.
    <bullet> Pursuant to 25 U.S.C. 3001(3)(A), the 4,795 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 were removed is the 
aboriginal land of The Chickasaw Nation.
    <bullet> Pursuant to 43 CFR 10.11(c)(1)(ii), the disposition of the 
human remains may be to the Cherokee Nation; Eastern Band of Cherokee 
Indians; The Chickasaw Nation; and 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 federally recognized Indian Tribe 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, WT11D, Knoxville, TN 
37902-1401, telephone (865) 632-7458, email <a href="/cdn-cgi/l/email-protection#582c373539303d2a182c2e39763f372e"><span class="__cf_email__" data-cfemail="1d6972707c75786f5d696b7c337a726b">[email protected]</span></a>, by 
September 21, 2017. 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 TVA is responsible for notifying The Consulted Tribes that this 
notice has been published.

    Dated: June 28, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-17649 Filed 8-21-17; 8:45 am]
 BILLING CODE 4312-52-P


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