[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Notices]
[Pages 18056-18057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov ]
[FR Doc No: 2014-07130]


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

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-15256; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Tennessee Valley Authority, 
Knoxville, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

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 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 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 April 30, 2014.

ADDRESSES: Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11D, 
Knoxville, TN 37902-1401, telephone (865) 632-7458, email 
tomaher@tva.gov.

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 
were removed from the Cox site in Jackson County, 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 was made by TVA 
professional staff in consultation with representatives of the 
University of Alabama and the Absentee-Shawnee Tribe of Oklahoma; 
Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-
Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee 
Nation; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of 
Oklahoma; Kialegee Tribal Town; Poarch Band of Creeks (previously 
listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe 
of Florida (previously listed as the Seminole Tribe of Florida (Dania, 
Big Cypress, Brighton, Hollywood & Tampa Reservations)); Shawnee Tribe; 
The Chickasaw Nation; The Muscogee (Creek) Nation; The Seminole Nation 
of Oklahoma; Thlopthlocco Tribal Town; and the United Keetoowah Band of 
Cherokee Indians in Oklahoma.

History and Description of the Remains

    From April 27, 1938, to November 10, 1939, human remains 
representing, at minimum, 90 individuals were removed from the Cox site 
(1JA176), in Jackson County, AL. The Cox site was excavated as part of 
TVA's Guntersville reservoir project by the Alabama Museum of Natural 
History (AMNH) at the University of Alabama, using labor and funds 
provided by the Works Progress Administration. Excavation of the land 
commenced after TVA had acquired this land on July 19, 1937 for the 
Guntersville project. The excavation site was composed of a conical 
mound believed to have originally been a truncated pyramid, with 
multiple stratigraphic zones and also a village site containing most of 
the burial units. This site was occupied during the Woodland period 
(300 B.C.-A.D.1000) and the Crow Creek phase of the Mississippian 
culture (ca. A.D. 1400-1600). Details regarding this site may be found 
in An Archaeological Survey of Guntersville Basin on the Tennessee 
River in Northern Alabama by William S. Webb and Charles G. Wilder. The 
human remains and associated funerary objects excavated from the Cox 
site have always been in the physical custody of the AMNH at the 
University of Alabama. The human remains include

[[Page 18057]]

adults, juveniles, and infants of both sexes. No known individuals were 
identified. The 145 associated funerary objects include 132 shell 
beads, 1 copper bead, 1 bone awl, 1 steatite sherd, 3 pieces of a shale 
celt, 3 river pebbles, and 4 bear teeth.
    At the time of the excavation and removal of these human remains 
and associated funerary objects, the land from which the remains and 
objects were removed was not the tribal land of any Federally 
recognized Indian tribe. In February 2014, TVA consulted with all 
Federally recognized Indian tribes who are recognized as aboriginal to 
the area from which these Native American human remains and associated 
funerary objects were removed. These tribes are the Cherokee Nation, 
Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee 
Indians in Oklahoma. None of these Indian tribes agreed to accept 
control of the human remains and associated funerary objects. After 
further consultation with the parties that were a part of this overall 
consultation, TVA has decided to transfer control of the human remains 
and associated funerary objects to The Muscogee (Creek) Nation.

Determinations Made by the Tennessee Valley Authority

    Officials of TVA have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on their archaeological 
contexts.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 90 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 145 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.
     Pursuant to 43 CFR 10.11(c)(2)(i), TVA has decided to 
transfer control of the culturally unidentifiable human remains to the 
Muscogee (Creek) Nation.
     Pursuant to 43 CFR 10.11(c)(4), TVA has decided to 
transfer control of the culturally unidentifiable associated funerary 
objects to the Muscogee (Creek) Nation of Oklahoma.

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 tomaher@tva.gov, by April 
30, 2014. After that date, if no additional requestors have come 
forward, transfer of control of the human remains and associated 
funerary objects to The Muscogee (Creek) Nation may proceed.
    TVA is responsible for notifying the University of Alabama and the 
Absentee-Shawnee Tribe of Oklahoma; Alabama-Coushatta Tribe of Texas 
(previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-
Quassarte Tribal Town; Cherokee Nation; Eastern Band of Cherokee 
Indians; Eastern Shawnee Tribe of Oklahoma; Kialegee Tribal Town; 
Poarch Band of Creeks (previously listed as the Poarch Band of Creek 
Indians of Alabama); Seminole Tribe of Florida (previously listed as 
the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood 
& Tampa Reservations)); Shawnee Tribe; The Chickasaw Nation; The 
Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; Thlopthlocco 
Tribal Town; and the United Keetoowah Band of Cherokee Indians in 
Oklahoma, that this notice has been published.

    Dated: March 11, 2014.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2014-07130 Filed 3-28-14; 8:45 am]
BILLING CODE 4312-50-P

Back to the top