[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
[Notices]
[Pages 17360-17362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06432]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0029880; 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 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 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 the Tennessee Valley 
Authority, Knoxville, TN, and stored at the McClung Museum of Natural 
History and Culture (MM) at the University of Tennessee, Knoxville, TN. 
The human remains and associated funerary objects were removed from the 
following archeological sites in Benton County, TN: 40BN3, 40BN8, 
40BN11, 40BN17, 40BN30, 40BN32, and 40BN47.
    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 professional staff in consultation with 
representatives of the

[[Page 17361]]

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. 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, but 
are under the control of the TVA.
    From July 26 to August 8, 1940, human remains representing, at 
minimum, 12 individuals were removed from site 40BN3, in Benton County, 
TN. Excavation commenced after TVA had acquired a permit for excavating 
this site on July 10, 1940. Excavation of 10 x 10-foot excavation units 
revealed that the latest prehistoric occupation was probably a 
Mississippian village, but construction of an adjacent bridge had 
disturbed most of these strata. A deeper Woodland occupation was noted, 
but there are no radiocarbon dates from this site. Five features were 
identified, including a flint knapping area and multiple fire pits. No 
structures were identified. These human remains represent three 
children, two adolescents, and seven adults. Most of the human remains 
were too fragmentary to identify sex. No known individuals were 
identified. The 47 associated funerary objects include two animal 
bones, four antler fragments, two antler tines, two antler tools, one 
beaver tooth, four bone awls, seven bone needles, one celt, two chipped 
stone tools, one drill, one perforated stone pendant, eight projectile 
points, one scraper, and 11 shell beads.
    From December 10, 1940 to January 8, 1941, human remains 
representing, at minimum, one individual were removed from site 40BN8, 
in Benton County, TN. Excavation commenced after TVA had acquired a 
permit for excavating this site on October 8, 1940. Block excavations 
extended off of exploratory trenches, as well as isolated test squares. 
Six wall trench post mold patterns were identified. Only one had closed 
corners. There are no known radiocarbon dates from this site, but the 
ceramics suggest a Late Woodland to Mississippian occupation. One adult 
female was excavated from this site. No known individuals were 
identified. No associated funerary objects are present.
    From August-to-December, 1940, human remains representing, at 
minimum, two individuals were removed from site 40BN11, in Benton 
County, TN. Excavation commenced after TVA had acquired the land 
encompassing this site on March 22, 1940. Two 3-foot wide trenches were 
passed through the site to evaluate its depth and stratigraphy. 
Archeological deposits ranged in thickness from 18 inches to two feet. 
A number of pits were excavated, but no patterns of post molds or wall 
trenches defining structures were identified. There are no known 
radiocarbon dates for this site. The excavators believed that it was 
occupied during the Mississippian period. Human remains from two adults 
were removed from features at the site. No known individuals were 
identified. No associated funerary objects are present.
    From January 1 to February 20, 1941, human remains representing, at 
minimum, 10 individuals were removed from site 40BN17, in Benton 
County, TN. Excavation commenced after TVA had acquired the land 
encompassing this site on June 5, 1940. Excavations identified two 
strata. Stratum I was a sandy loam with a high organic content. Stratum 
II was a shell midden approximately 0.5 feet thick. There are no 
radiocarbon dates from this site. An Archaic occupation was followed by 
a Woodland occupation. These human remains represent one child, two 
adolescents, and seven adults. Most of the human remains were too 
fragmentary to identify sex. No known individuals were identified. The 
33 associated funerary objects include two animal bones, one bone awl, 
and 30 shell beads.
    From February 4 to April 16, 1941 human remains representing, at 
minimum, 26 individuals were removed from site 40BN30, in Benton 
County, TN. Excavation commenced after TVA had acquired the land 
encompassing this site on June 4, 1940. This site was located on a 
ridge between the Tennessee River and Lick Creek. Perpendicular 
trenches were placed on the site to identify the stratigraphy and 
inform further excavations. Below the plow zone a single occupational 
stratum was identified. This midden stratum varied in thickness from 3 
to 18 inches. Approximately 56 whole or partial structures were 
identified from either post mold patterns or wall trenches. Most were 
rectangular in shape, although two were circular. There are no 
radiocarbon dates from this site. Ceramics indicate a Mississippian 
occupation. The human remains include males and females. Adults 
predominate, but infants, children and adolescents are also present. No 
known individuals were identified. The 20 associated funerary objects 
include four animal bones, three animal teeth, one chert blade, one 
stone discoidal, one iron ore discoidal, one stone hoe, five shell 
beads, and four pieces of pottery.
    From August to September 1940, human remains representing, at 
minimum, two individuals were removed from site 40BN32, in Benton 
County, TN. Excavation commenced after TVA had purchased the land 
encompassing this site on June 6, 1940. Test pits, trenches and block 
excavations were applied to this site. One heavily plowed mound was 
present. There are no known radiocarbon dates from this site, but the 
artifacts suggest a Woodland occupation. The human remains excavated 
from this site represent two adults of indeterminate sex. No known 
individuals were identified. No associated funerary objects are 
present.
    In September 1940, human remains representing, at minimum, one 
individual were removed from site 40BN47, in Benton County, TN. 
Excavation commenced after TVA had acquired the land encompassing this 
site on July 25, 1940. Site 40BN47 was not extensively excavated. The 
human remains identified represent the remains of an adult male 
encountered during exploratory excavations conducted while surveying 
the area. There are no known radiocarbon dates for this site. The 
Tennessee site form suggests Late Archaic, Early Woodland and early 
Mississippian occupations. No known individuals were identified. No 
associated funerary objects are present.

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 sites and osteological analysis.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 54 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 100 objects 
described in this notice are reasonably believed to have been

[[Page 17362]]

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 
cultural items may be to The Chickasaw Nation. The Tennessee Valley 
Authority has agreed to transfer control of the human remains to The 
Chickasaw Nation.
     Pursuant to 43 CFR 10.11(c)(4), the Tennessee Valley 
Authority has 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. 2020-06432 Filed 3-26-20; 8:45 am]
 BILLING CODE 4312-52-P