Notice of Inventory Completion: Tennessee Valley Authority, Knoxville, TN, and McClung Museum of Natural History & Culture, University of Tennessee, Knoxville, TN, 17354-17355 [2020-06430]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
[Notices]
[Pages 17354-17355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06430]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0029879; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Tennessee Valley Authority, 
Knoxville, TN, and McClung Museum of Natural History & Culture, 
University of Tennessee, Knoxville, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Tennessee Valley Authority (TVA) and the McClung Museum of 
Natural History and Culture (MM) have completed an inventory of human 
remains and associated funerary objects in consultation with the 
appropriate Federally-recognized Indian Tribes, and have determined 
that there is no cultural affiliation between the human remains and 
associated funerary objects and any present-day Federally-recognized 
Indian Tribes. 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 the 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 the TVA 
at the address in this notice by April 27, 2020.

ADDRESSES: Dr. Thomas O. Maher, Tennessee Valley Authority, 400 West 
Summit Hill Drive, WT11C, Knoxville TN 37902-1401, telephone (865) 632-
7458, email [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby 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 the Tennessee Valley 
Authority, Knoxville, TN, and the McClung Museum of Natural History and 
Culture, University of Tennessee, Knoxville, TN. The human remains and 
associated funerary objects were removed from the following 
archeological sites in Decatur and Henry Counties, TN: 40DR62, 40HY1, 
40HY4, and 40HY10.
    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 and MM professional staff in consultation with 
representatives of the Cherokee Nation; Coushatta Tribe of Louisiana; 
Eastern Band of Cherokee Indians; The Chickasaw Nation; The Muscogee 
(Creek) Nation; The Osage Nation (previously listed as the Osage 
Tribe); The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; and 
the United Keetoowah Band of Cherokee Indians in Oklahoma (hereafter 
referred to as ``The Consulted Tribes'').

History and Description of the Remains

    The sites listed in this notice were excavated as part of TVA's 
Kentucky reservoir project by the University of Tennessee, using labor 
and funds provided by the Works Progress Administration (WPA). Details 
regarding these excavations have never been published. Field reports 
regarding these sites can be found at the MM and TVA. The human remains 
and associated funerary objects listed in this notice have been in the 
physical custody of the University of Tennessee since excavation. 
Conclusive evidence

[[Page 17355]]

regarding which institution controls the cultural items has not been 
found. TVA and MM have, therefore, decided to jointly repatriate these 
items.
    On October 6-16, 1941, human remains representing, at minimum, 18 
individuals were removed from site 40DR62, in Decatur County, TN. 
Charles Nash and a WPA crew excavated two stone mounds at this site. 
One, unit 69, was two feet high and twenty feet in diameter. It had 
been disturbed by looting. The second, unit 70, was found along a rock 
ledge on the bluff terrace. Excavations were difficult, human remains 
were collected by excavation squares rather than specific burial 
features. There are no radiocarbon dates from this site, but stone 
mounds in this area commonly date to the Woodland period. The human 
remains represent two infants, four children and 12 adults. Most of the 
human remains were too fragmentary to identify sex. No known 
individuals were identified. The six associated funerary objects 
include one bison tooth, one bone artifact, two pieces of red ochre, 
and two shell beads.
    From May 10 to July 7, 1939, human remains representing, at 
minimum, 58 individuals were removed from site 40HY1, in Henry County, 
TN. A field report by George Lidberg concludes that this site comprises 
an extensive Mississippian village, although natural erosion might have 
destroyed half the site. As many as 41 wall trench structures were 
defined at the site. The structures ranged in size from 11 x 11 feet to 
20 x 25 feet. Seventeen hearths were also found in or near these 
structures. A section of a palisade wall 195 feet long was identified 
running parallel to the river. There are no known radiocarbon dates 
from this site. Shell-tempered and limestone/grit-tempered ceramics at 
the site suggest a Late Woodland through Mississippian occupation. All 
of the human remains from this site were either infants up to 18 months 
old, newborns, or fetuses. Sex could not be determined. No known 
individuals were identified. The 20 associated funerary objects include 
four animal bones, two turtle shell or bone, and 14 shell-tempered 
pottery sherds.
    In mid-July, 1939, human remains representing, at minimum, one 
individual were removed from site 40HY4, in Henry County, TN. The site 
extended 500--600 feet along the Tennessee River and up to 250 feet 
from the river bank. Apparently, permission for excavations was 
restricted to a small area on the southern end of the site. No 
structures or pits were encountered. There are few details regarding 
the excavations at this site. The field report by George Lidberg 
indicates that fragments of infant remains were encountered, but only 
adult remains were recorded and collected. There are no known 
radiocarbon dates for this site. Ceramics from the site suggest a Late 
Woodland to early Mississippian occupation. The human remains represent 
a single adult female. No known individuals were identified. No 
associated funerary objects are present.
    In August 1939, human remains representing, at minimum, two 
individuals were removed from site 40HY10, in Henry County, TN. This 
site was located near West Sandy Creek, seven miles from its confluence 
with the Tennessee River. A mound eight feet in height and 50 feet in 
diameter had been disturbed by multiple looter pits. Two individuals 
were placed upon the original ground surface on a prepared bed of soil. 
Multiple soils were placed on these burials, including a distinctive 
white clay derived from a nearby swamp; atop them was a layer of 
vegetable matter. Traces of a third burial were found two feet above 
the base and on top of the first phase of mound building. There are no 
radiocarbon dates from this site. The ceramics and the nature of the 
burial mound suggest that it was created during the Middle Woodland 
period. Both individuals from this site were adult males. No known 
individuals were identified. The 18 associated funerary objects include 
two beaver incisors, one lot of black paint, one piece of galena, two 
lots of metallic paint, one mica mirror, one lot of orange paint, two 
paint stones, one ceramic sherd, one projectile point, one piece of red 
ochre, one scraper, one whetstone, and three pieces of yellow ochre.

Determinations Made by the Tennessee Valley Authority and the McClung 
Museum of Natural History and Culture

    Officials of the Tennessee Valley Authority and the McClung Museum 
of Natural History and Culture have determined that:
     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.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 79 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 44 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.
     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.
     The Treaty of October 19, 1818, indicates that the land 
from which the cultural items were removed is the aboriginal land of 
The Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(1)(ii), the disposition of the 
human remains may be to The Chickasaw Nation. The Tennessee Valley 
Authority and the McClung Museum of Natural History and Culture have 
agreed to transfer control of the human remains to The Chickasaw 
Nation.
     Pursuant to 43 CFR 10.11(c)(4), the Tennessee Valley 
Authority and the McClung Museum of Natural History and Culture have 
agreed to transfer control of the associated funerary objects 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, Tennessee Valley Authority, 400 West Summit Hill 
Drive, WT11C, Knoxville, TN 37902-1401, telephone (865) 632-7458, email 
[email protected], by April 27, 2020. 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: February 19, 2020.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2020-06430 Filed 3-26-20; 8:45 am]
 BILLING CODE 4312-52-P