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Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to TVA at the address in this notice by March 26, 2018.
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Published Document: 2018-03756 (83 FR 8101)
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AGENCY:
National Park Service, Interior.
ACTION:
Notice.
SUMMARY:
The Tennessee Valley Authority (TVA) has completed an inventory of human remains in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribe or Native Hawaiian organization. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to TVA. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
DATES:
Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to TVA at the address in this notice by March 26, 2018.
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 under the control of TVA. The human remains were removed from the following archeological sites in Lauderdale County, AL: 1LU15, 1LU18, 1LU114, 1LU275, 1LU276, and 1LU277.
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 was made by TVA professional staff in consultation with representatives of the Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of Louisiana; 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); Shawnee Tribe; The Chickasaw Nation; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; and United Keetoowah Band of Cherokee Indians in Oklahoma.
History and Description of the Remains
On an unknown date after April of 1982, human remains representing, at minimum, 10 individuals were removed from sites 1LU15, 1LU18, 1LU114, 1LU275, 1LU276, and 1LU277 in Lauderdale County, AL. In 1981, the Tennessee Valley Authority (TVA) entered into a contract with Auburn University for a survey of the cultural resources on Seven Mile Island and adjacent Coffee Slough. This area is part of the Seven Mile Island Archeological District which is on the National Register of Historic Places. Natural erosion exacerbated by persistent looting raised questions regarding the condition of the sites on the island, which had not been professionally surveyed since the 1930s. Fieldwork took place from mid-December of 1981 to mid-April of 1982. Details regarding this survey may be found in a report,
The Archaeology of Seven Mile Island: A Cultural Resource Survey of the National Register District, Volume 1 & 2,
by Gregory A. Waselkov and Robert T. Morgan.
Sometime after the fieldwork, TVA was notified that erosion and looting had exposed human remains along the shoreline of the island. At TVA's request, archeologists from Auburn University removed these human remains and curated them at the University. Human remains representing one individual each were collected from the surface of sites 1LU15, 1LU18, 1LU114, 1LU276, and 1LU277. Human remains representing four individuals were excavated from an eroding shoreline of site 1LU275. Human remains representing one individual were collected from a south beach surface collection unit between 1LU276 and 1LU277. No known individuals were identified. No associated funerary objects are present.
Determinations Made by the Tennessee Valley Authority
Officials of TVA have determined that:
Pursuant to25 U.S.C. 3001(9), the human remains described in this notice are Native American based on osteological analysis and archeological context.
Pursuant to25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 10 individuals of Native American ancestry.
Pursuant to25 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 were removed is the aboriginal land of Cherokee Nation, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma.
Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains were removed is the aboriginal land of 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 should submit a written request with information in support of the request to Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT11D,
( printed page 8102)
Knoxville, TN 37902-1401, telephone (865) 632-7458, email
tomaher@tva.gov,
by March 26, 2018. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Cherokee Nation, Eastern Band of Cherokee Indians, The Chickasaw Nation, and United Keetoowah Band of Cherokee Indians in Oklahoma may proceed.
TVA is responsible for notifying the Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Coushatta Tribe of Louisiana; 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); 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.