Native American Graves Protection and Repatriation Review Committee Finding Regarding the Cultural Affiliation of Human Remains and Associated Funerary Objects Removed From, and Adjacent to, Moundville Archeological Site (1TU500) Located in Tuscaloosa County, AL, 5499-5500 [2022-02036]

Download as PDF Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Notices center of Moravian activities in North America. It consists of religious, domestic, and industrial components, reflecting Moravian principles of urban planning and the full scope of Moravian community life in a North American context. The Moravian settlement of Christiansfeld in Denmark was inscribed on the World Heritage List in 2015. The government of the German state of Saxony has proposed including the Moravian settlement of Herrnhut along with Bethlehem, Pennsylvania, as a ‘‘serial transnational’’ group nomination to extend the Danish listing, possibly including Moravian settlements in other countries as well. Next Steps tkelley on DSK125TN23PROD with NOTICE A draft World Heritage nomination for Moravian Church Settlements that includes the Historic Moravian Bethlehem District may now be prepared, in consultation with the National Park Service’s Office of International Affairs. The NPS will coordinate the review and evaluation of the Bethlehem, Pennsylvania, portion of the draft nomination to ensure it meets the requirements of 36 CFR 73, and will cooperate with the governments of other countries participating in this nomination to complete and submit it to the World Heritage Committee. Following NPS review of a complete draft nomination, the Department may submit it to the World Heritage Centre for technical review by September 30 of any year. The Centre will then provide comments by November 15 of that year. The Federal Interagency Panel for World Heritage will review a draft nomination following receipt of the Centre’s comments and recommend to the Department whether the nomination should be formally submitted for consideration by the World Heritage Committee. Submittal to the World Heritage Centre by the Department through the Department of State can be made by February 1 of any year; the World Heritage Committee would then consider the nomination at its annual meeting in the summer of the following year, after an evaluation by an official Advisory Body to the Committee. Authority: 54 U.S.C. 307101; 36 CFR part 73. Shannon A. Estenoz, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2022–01952 Filed 1–31–22; 8:45 am] BILLING CODE 4312–52–P VerDate Sep<11>2014 17:19 Jan 31, 2022 Jkt 256001 DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–NAGPRA–NPS0033204; PPWOCRADN0–PCU00RP14.R50000] Native American Graves Protection and Repatriation Review Committee Finding Regarding the Cultural Affiliation of Human Remains and Associated Funerary Objects Removed From, and Adjacent to, Moundville Archeological Site (1TU500) Located in Tuscaloosa County, AL National Park Service, Interior. Notice. AGENCY: ACTION: On November 23, 2021, the Native American Graves Protection and Repatriation Review Committee (Review Committee) found, based on the information provided before and during its public meeting, that a cultural affiliation exists between the presentday Muskogean-speaking Indian Tribes and the earlier group connected to human remains and funerary objects excavated at, and adjacent to, the Moundville archeological site (1Tu500), in Tuscaloosa County, AL. The recommendations, findings, and actions in this notice are advisory only and are not binding on any person. Pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA or the Act), the Review Committee is responsible for reviewing and making findings related to the identity or cultural affiliation of cultural items. The National Park Service is not responsible for the determinations in this notice. ADDRESSES: The meeting transcript containing the Review Committee proceedings and deliberation for this finding are available online at www.nps.gov/subjects/nagpra/ index.htm or upon an email request to the National NAGPRA Program (NAGPRA_Info@nps.gov). FOR FURTHER INFORMATION CONTACT: Melanie O’Brien, Manager and Designated Federal Official, National NAGPRA Program, 1849 C Street NW, Washington, DC 20240, telephone (202) 354–2201, email NAGPRA_Info@ nps.gov. SUMMARY: The Native American Graves Protection and Repatriation Review Committee (Review Committee) found that a cultural affiliation exists between the presentday Muskogean-speaking Indian Tribes and the earlier group connected to human remains and funerary objects excavated at, and adjacent to, the Moundville archeological site (1Tu500), in Tuscaloosa County, AL. The SUPPLEMENTARY INFORMATION: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 5499 recommendations, findings, and actions in this notice are advisory only and are not binding on any person. Pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA or the Act), the Review Committee is responsible for reviewing and making findings related to the identity or cultural affiliation of cultural items. 25 U.S.C. 3006(c)(3)(A). These advisory findings do not necessarily represent the views of the National Park Service or Secretary of the Interior. The National Park Service and the Secretary of the Interior have not taken a position on these matters. The Review Committee established by Section 8 of the Act (25 U.S.C. 3006) is an advisory body governed by the Federal Advisory Committee Act. Under the Act, upon the request of any affected party, the Review Committee is responsible for reviewing and making findings related to the identity or cultural affiliation of cultural items. 25 U.S.C. 3006(c)(3)(A). Background Under the Act, ‘‘cultural affiliation’’ means that there is a relationship of shared group identity that can be reasonably traced between a present-day Indian Tribe and an identifiable earlier group. 25 U.S.C. 3001(2). Cultural affiliation of Native American human remains and associated funerary objects is established by compiling an inventory, based on information possessed by a museum or Federal agency and in consultation with Indian Tribes and Native Hawaiian organizations. 25 U.S.C. 3003. When cultural affiliation is not established in an inventory, then, upon request, Native American human remains and associated funerary objects must be expeditiously returned where a requesting Indian Tribe or Native Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon the following kinds of relevant information: Geographical, kinship, biological, archeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion. 25 U.S.C. 3005(a)(4). Request for a Finding At its November 23, 2021, virtual pubic meeting, the Review Committee heard a request from the following affected parties for a finding of fact: The Choctaw Nation of Oklahoma, The Chickasaw Nation, Coushatta Tribe of Louisiana, The Muscogee (Creek) Nation, Seminole Tribe of Florida [previously listed as Seminole Tribe of Florida (Dania, Big Cypress, Brighton, E:\FR\FM\01FEN1.SGM 01FEN1 5500 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Notices tkelley on DSK125TN23PROD with NOTICE Hollywood, & Tampa Reservations)], and The Seminole Nation of Oklahoma, with support from the Jena Band of Choctaw Indians and the AlabamaCoushatta Tribe of Texas [previously listed as Alabama-Coushatta Tribes of Texas]. The question presented was whether the present-day Muskogeanspeaking Indian Tribes are culturally affiliated with the human remains and funerary objects excavated at, and adjacent to, the Moundville archeological site (1TU500), in Tuscaloosa County, AL. The Review Committee considered the relevant information submitted by the requestors, which included the following types of evidence: Linguistic, oral tradition, geographical, kinship, biological, archeological, historical, and anthropological. During discussion, members of the Review Committee noted that the requestors had asked for a finding based upon a preponderance of the evidence and asked whether a finding of cultural affiliation by a preponderance of the evidence would differ from a finding by a reasonable basis. In response, attorneys from the Department’s Office of the Solicitor stated that, in practice, preponderance of the evidence and reasonable basis are similar standards for determining whether the evidence leans slightly more one way than the other. The Review Committee noted several times that the University of Alabama did not have an opportunity to present information on this matter to the Review Committee. One member stated that the preponderance of the evidence means a weighing between two sides, and since the Review Committee had heard the tribal case but not the museum’s case the reasonable basis standard was appropriate. Finding of Fact All six currently appointed Review Committee members participated in the fact finding. By a vote of five in favor and one abstention, the Review Committee found that, based on the evidence before it, there is a preponderance of the evidence for cultural affiliation between the human remains and funerary objects originating from, and adjacent to, the Moundville archeological site (1Tu500) and the present-day Muskogean-speaking Indian Tribes. The abstaining member requested, and the other members agreed, that a statement be appended to the finding. This statement is that the one abstaining member of the Review Committee found that, based on the evidence before the Review Committee, there is a reasonable basis for cultural affiliation between the human remains VerDate Sep<11>2014 17:19 Jan 31, 2022 Jkt 256001 and funerary objects originating from, or adjacent to, the Moundville archeological site (1Tu500) and the present-day Muskogean-speaking Indian Tribes. The requesting, affected parties making a request for this finding are: The Choctaw Nation of Oklahoma, The Chickasaw Nation, Coushatta Tribe of Louisiana, The Muscogee (Creek) Nation, Seminole Tribe of Florida [previously listed as Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood, & Tampa Reservations)], and The Seminole Nation of Oklahoma, with support from the Jena Band of Choctaw Indians and the AlabamaCoushatta Tribe of Texas [previously listed as Alabama-Coushatta Tribes of Texas]. This finding was approved for publication by the Chair of the Review Committee, Francis P. McManamon. Dated: January 26, 2022. Melanie O’Brien, Designated Federal Official, Native American Graves Protection and Repatriation Review Committee. [FR Doc. 2022–02036 Filed 1–31–22; 8:45 am] BILLING CODE 4312–52–P MS 7228, Washington, DC 20240, sherry_frear@nps.gov, 202–913–3763. The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before January 22, 2022. Pursuant to Section 60.13 of 36 CFR part 60, comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Nominations submitted by State or Tribal Historic Preservation Officers: SUPPLEMENTARY INFORMATION: IOWA DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–NRNHL–DTS#–33335; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions National Park Service, Interior. ACTION: Notice. AGENCY: The National Park Service is soliciting electronic comments on the significance of properties nominated before January 22, 2022, for listing or related actions in the National Register of Historic Places. DATES: Comments should be submitted electronically by February 16, 2022. ADDRESSES: Comments are encouraged to be submitted electronically to National_Register_Submissions@ nps.gov with the subject line ‘‘Public Comment on <property or proposed district name, (County) State>.’’ If you have no access to email you may send them via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C Street NW, MS 7228, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Sherry A. Frear, Chief, National Register of Historic Places/National Historic Landmarks Program, 1849 C Street NW, SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Marshall County Riemenschneider, August and Josephine, Farmstead, 201 4th Ave. NE, State Center, SG100007464 KANSAS Johnson County Campbell Dome House, 8126 Hamilton Dr., Overland Park, SG100007467 NEW YORK Chemung County North Main and West Water Commercial Historic District (Boundary Increase), 232– 261 West Water St. and Wisner Park, North Main, West Grey, West Church and West First Sts., Elmira, BC100007465 OREGON Malheur County Rex Theater, 240 A St. West, Vale, SG100007459 Multnomah County Dean’s Beauty Salon and Barber Shop, (African American Resources in Portland, Oregon, from 1851 to 1973 MPS), 213–215 NE Hancock St., Portland, MP100007455 Golden West Hotel, (African American Resources in Portland, Oregon, from 1851 to 1973 MPS), 707 NW Everett St., Portland, MP100007456 Mt. Olivet Baptist Church, (African American Resources in Portland, Oregon, from 1851 to 1973 MPS), 1734 NE 1st Ave., Portland, MP100007457 Polk County Burford-Stanley House, 342 Monmouth Ave. South, Monmouth, SG100007458 E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Notices]
[Pages 5499-5500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02036]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0033204; PPWOCRADN0-PCU00RP14.R50000]


Native American Graves Protection and Repatriation Review 
Committee Finding Regarding the Cultural Affiliation of Human Remains 
and Associated Funerary Objects Removed From, and Adjacent to, 
Moundville Archeological Site (1TU500) Located in Tuscaloosa County, AL

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

SUMMARY: On November 23, 2021, the Native American Graves Protection 
and Repatriation Review Committee (Review Committee) found, based on 
the information provided before and during its public meeting, that a 
cultural affiliation exists between the present-day Muskogean-speaking 
Indian Tribes and the earlier group connected to human remains and 
funerary objects excavated at, and adjacent to, the Moundville 
archeological site (1Tu500), in Tuscaloosa County, AL. The 
recommendations, findings, and actions in this notice are advisory only 
and are not binding on any person. Pursuant to the Native American 
Graves Protection and Repatriation Act (NAGPRA or the Act), the Review 
Committee is responsible for reviewing and making findings related to 
the identity or cultural affiliation of cultural items. The National 
Park Service is not responsible for the determinations in this notice.

ADDRESSES: The meeting transcript containing the Review Committee 
proceedings and deliberation for this finding are available online at 
www.nps.gov/subjects/nagpra/index.htm or upon an email request to the 
National NAGPRA Program ([email protected]).

FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager and 
Designated Federal Official, National NAGPRA Program, 1849 C Street NW, 
Washington, DC 20240, telephone (202) 354-2201, email 
[email protected].

SUPPLEMENTARY INFORMATION: The Native American Graves Protection and 
Repatriation Review Committee (Review Committee) found that a cultural 
affiliation exists between the present-day Muskogean-speaking Indian 
Tribes and the earlier group connected to human remains and funerary 
objects excavated at, and adjacent to, the Moundville archeological 
site (1Tu500), in Tuscaloosa County, AL. The recommendations, findings, 
and actions in this notice are advisory only and are not binding on any 
person. Pursuant to the Native American Graves Protection and 
Repatriation Act (NAGPRA or the Act), the Review Committee is 
responsible for reviewing and making findings related to the identity 
or cultural affiliation of cultural items. 25 U.S.C. 3006(c)(3)(A).
    These advisory findings do not necessarily represent the views of 
the National Park Service or Secretary of the Interior. The National 
Park Service and the Secretary of the Interior have not taken a 
position on these matters. The Review Committee established by Section 
8 of the Act (25 U.S.C. 3006) is an advisory body governed by the 
Federal Advisory Committee Act. Under the Act, upon the request of any 
affected party, the Review Committee is responsible for reviewing and 
making findings related to the identity or cultural affiliation of 
cultural items. 25 U.S.C. 3006(c)(3)(A).

Background

    Under the Act, ``cultural affiliation'' means that there is a 
relationship of shared group identity that can be reasonably traced 
between a present-day Indian Tribe and an identifiable earlier group. 
25 U.S.C. 3001(2). Cultural affiliation of Native American human 
remains and associated funerary objects is established by compiling an 
inventory, based on information possessed by a museum or Federal agency 
and in consultation with Indian Tribes and Native Hawaiian 
organizations. 25 U.S.C. 3003. When cultural affiliation is not 
established in an inventory, then, upon request, Native American human 
remains and associated funerary objects must be expeditiously returned 
where a requesting Indian Tribe or Native Hawaiian organization can 
show cultural affiliation by a preponderance of the evidence based upon 
the following kinds of relevant information: Geographical, kinship, 
biological, archeological, anthropological, linguistic, folkloric, oral 
traditional, historical, or other relevant information or expert 
opinion. 25 U.S.C. 3005(a)(4).

Request for a Finding

    At its November 23, 2021, virtual pubic meeting, the Review 
Committee heard a request from the following affected parties for a 
finding of fact: The Choctaw Nation of Oklahoma, The Chickasaw Nation, 
Coushatta Tribe of Louisiana, The Muscogee (Creek) Nation, Seminole 
Tribe of Florida [previously listed as Seminole Tribe of Florida 
(Dania, Big Cypress, Brighton,

[[Page 5500]]

Hollywood, & Tampa Reservations)], and The Seminole Nation of Oklahoma, 
with support from the Jena Band of Choctaw Indians and the Alabama-
Coushatta Tribe of Texas [previously listed as Alabama-Coushatta Tribes 
of Texas]. The question presented was whether the present-day 
Muskogean-speaking Indian Tribes are culturally affiliated with the 
human remains and funerary objects excavated at, and adjacent to, the 
Moundville archeological site (1TU500), in Tuscaloosa County, AL. The 
Review Committee considered the relevant information submitted by the 
requestors, which included the following types of evidence: Linguistic, 
oral tradition, geographical, kinship, biological, archeological, 
historical, and anthropological.
    During discussion, members of the Review Committee noted that the 
requestors had asked for a finding based upon a preponderance of the 
evidence and asked whether a finding of cultural affiliation by a 
preponderance of the evidence would differ from a finding by a 
reasonable basis. In response, attorneys from the Department's Office 
of the Solicitor stated that, in practice, preponderance of the 
evidence and reasonable basis are similar standards for determining 
whether the evidence leans slightly more one way than the other. The 
Review Committee noted several times that the University of Alabama did 
not have an opportunity to present information on this matter to the 
Review Committee. One member stated that the preponderance of the 
evidence means a weighing between two sides, and since the Review 
Committee had heard the tribal case but not the museum's case the 
reasonable basis standard was appropriate.

Finding of Fact

    All six currently appointed Review Committee members participated 
in the fact finding. By a vote of five in favor and one abstention, the 
Review Committee found that, based on the evidence before it, there is 
a preponderance of the evidence for cultural affiliation between the 
human remains and funerary objects originating from, and adjacent to, 
the Moundville archeological site (1Tu500) and the present-day 
Muskogean-speaking Indian Tribes. The abstaining member requested, and 
the other members agreed, that a statement be appended to the finding. 
This statement is that the one abstaining member of the Review 
Committee found that, based on the evidence before the Review 
Committee, there is a reasonable basis for cultural affiliation between 
the human remains and funerary objects originating from, or adjacent 
to, the Moundville archeological site (1Tu500) and the present-day 
Muskogean-speaking Indian Tribes. The requesting, affected parties 
making a request for this finding are: The Choctaw Nation of Oklahoma, 
The Chickasaw Nation, Coushatta Tribe of Louisiana, The Muscogee 
(Creek) Nation, Seminole Tribe of Florida [previously listed as 
Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood, & 
Tampa Reservations)], and The Seminole Nation of Oklahoma, with support 
from the Jena Band of Choctaw Indians and the Alabama-Coushatta Tribe 
of Texas [previously listed as Alabama-Coushatta Tribes of Texas].
    This finding was approved for publication by the Chair of the 
Review Committee, Francis P. McManamon.

    Dated: January 26, 2022.
Melanie O'Brien,
Designated Federal Official, Native American Graves Protection and 
Repatriation Review Committee.
[FR Doc. 2022-02036 Filed 1-31-22; 8:45 am]
BILLING CODE 4312-52-P


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