[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Notices]
[Pages 22175-22176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08367]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0030070; 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 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 Tribes 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 May 21, 2020.

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

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 and possession of the 
Tennessee Valley Authority, Knoxville, TN. The human remains and 
associated funerary objects were removed from the Cox Site, 40AN19, in 
Anderson County, TN, by amateur archeologists digging at the site.
    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. 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's professional staff in consultation with 
representatives of the Absentee-Shawnee Tribe of Indians of Oklahoma; 
Alabama-Coushatta Tribe of Texas (previously listed as Alabama-
Coushatta Tribes of Texas); Cherokee Nation; Coushatta Tribe of 
Louisiana;

[[Page 22176]]

Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; 
Kialegee Tribal Town; Shawnee Tribe; The Muscogee (Creek) Nation; 
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

    TVA has in its control and possession human remains representing, 
at minimum, four individuals. On December 18, 2018 a representative of 
the Office of Archaeology and Historic Preservation in Colorado 
contacted TVA on the behalf of the Arapahoe County Coroner. Human 
remains had been turned into the Coroner's Office. After examining the 
human remains the Coroner concluded that these were not modern human 
remains and contacted the Office of the State Archaeologist. Based on 
information found in a bag with some of the human remains, 
archeologists concluded these human remains likely were excavated from 
a site in the Tennessee Valley. These human remains were the result of 
amateur digging that took place at the Cox site, 40AN19, in 1961. Their 
context within the site and chronological placement is unknown.
    The Cox mound site was first excavated by William S. Webb using 
labor provided by the Civil Works Administration in anticipation of the 
construction of the Norris Reservoir. Additional excavations by Charles 
McNutt and the University of Tennessee took place in 1960, in 
anticipation of the construction of the Melton Hill reservoir. In 1960 
and 1961, members of the Knoxville chapter of the Tennessee 
Archaeological Society also dug at this site. Records from the 1961 
excavations, which were carried out by amateurs, are incomplete. The 
funerary objects were not curated.
    Excavations at 40AN19 revealed two dominate occupations: A 
Mississippian Dallas phase occupation (A.D. 1300-1550) and an earlier 
Woodland occupation. The associated funerary objects could have derived 
from the Dallas phase or the Woodland occupation. The lack of any 
contextual information on these human remains leads TVA to designate 
them as culturally unidentifiable.
    The human remains represent one male, one female adult, one 
adolescent, and one infant. No known individuals were identified. The 
three associated funerary objects include one ground-stone object and 
two pieces of limestone-tempered pottery.

Determinations Made by the Tennessee Valley Authority

    Officials of the Tennessee Valley Authority 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 contexts and osteological analysis.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of four individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the three 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 any present-day Indian Tribe.
     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 the United Keetoowah Band of Cherokee Indians in 
Oklahoma.
     Pursuant to 43 CFR 10.11(c)(1)(ii), the disposal of the 
human remains and associated funerary objects may be to the Cherokee 
Nation; Eastern Band of Cherokee Indians; and the United Keetoowah Band 
of Cherokee Indians in 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, WT11C, Knoxville, TN 
37902-1401, telephone (865) 632-7458, email [email protected], by May 21, 
2020. After that date, if no additional requestors have come forward, 
transfer of control of the human remains and associated funerary 
objects to the Cherokee Nation; Eastern Band of Cherokee Indians; and 
the United Keetoowah Band of Cherokee Indians in Oklahoma may proceed.
    The Tennessee Valley Authority is responsible for notifying The 
Consulted Tribes that this notice has been published.

    Dated: March 25, 2020.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2020-08367 Filed 4-20-20; 8:45 am]
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