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]
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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]
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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
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
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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,
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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
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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 .’’ 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:
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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
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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]
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