[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Pages 32980-32981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13452]



National Park Service

[NPS-WASO-NAGPRA-10272: 2200-1100-665]

Notice of Intent To Repatriate Cultural Items: Tennessee Valley 
Authority and the University of Tennessee McClung Museum, Knoxville, TN

AGENCY: National Park Service, Interior.

ACTION: Notice.


SUMMARY: The Tennessee Valley Authority (TVA) and the University of 
Tennessee McClung Museum (McClung Museum), in consultation with the 
appropriate Indian tribes, have determined that the cultural items meet 
the definition of unassociated funerary objects, and repatriation to 
the Indian tribes identified below may occur if no additional claimants 
come forward. Representatives of any Indian tribe that believes itself 
to be culturally affiliated with the cultural items may contact the TVA 
and McClung Museum.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the cultural items should contact the TVA at 
the address below by July 5, 2012.

ADDRESSES: Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT 
11D, Knoxville, TN 37902-1401, telephone (865) 632-7458.

SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the 
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3005, of the intent to repatriate cultural items under the 
control of the TVA and in the custody of the McClung Museum that meet 
the definition of unassociated funerary objects under 25 U.S.C. 
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The 
determinations in this notice are the sole responsibility of the 
museum, institution, or Federal agency that has control of the Native 
American cultural items. The National Park Service is not responsible 
for the determinations in this notice.

History and Description of the Cultural Items

    In the summer of 1965, 1 lot of unassociated funerary objects were 
removed from burial unit 8 at the Westmoreland-Barber site, 40MI11, in 
Marion County, TN. The Westmoreland-Barber site is located at river 
mile 429 on the Tennessee River. Archeological excavations at 
Westmoreland-Barber were stimulated by the TVA's construction of the 
Nickajack Dam and the impending inundation of the resulting reservoir. 
In August 1964, the University of Tennessee (UT) under the direction of 
J.B. Graham and under contract with the National Park Service (NPS), 
excavated sites located within the confines of the proposed Nickajack 
Reservoir, including site 40MI11. A second season of excavations by UT 
took place from June 29 to August 18, 1965, at the Westmoreland-Barber 
site, under a contract with the NPS. The excavation of burial units 5 
through 17 took place after the TVA completed the process of purchasing 
the land tracts where the burial units are located.
    One historic burial, burial unit 8, was excavated during the second 
season. Although disturbed by agricultural plowing, UT archaeologists 
concluded at the time that the individual in the burial was laid to 
rest around 1775 and the remains were likely associated with the 
historically known 18th century Cherokee Lower Town occupation in this 
area. The human remains from burial unit 8 are no longer present in the 
McClung Museum. As these remains are no longer in the possession of the 

[[Page 32981]]

or the McClung Museum, the funerary objects from burial unit 8 are now 
considered unassociated. These objects include 1 string of glass beads 
(approximately 329 beads), 1 string of tubular shell beads 
(approximately 39 beads), approximately 5 silver rings or spirals, 
approximately 6 silver cones or tinklers, 1 shell spoon, 40 ceramic 
sherds, 1 chert scraper, 5 utilized chert flakes, and 12 unutilized 
chert flakes.

Determinations Made by the TVA and the McClung Museum

    Officials of the TVA and McClung Museum have determined that:
     Pursuant to 25 U.S.C. 3001(3)(B), 1 lot of cultural items 
described above 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 and are believed, by a preponderance of the 
evidence, to have been removed from a specific burial site of a Native 
American individual.
     Pursuant to 25 U.S.C. 3001(2), there is a relationship of 
shared group identity that can be reasonably traced between the 
unassociated funerary objects above and the Cherokee Nation, Oklahoma; 
Eastern Band of Cherokee Indians of North Carolina; and the United 
Keetowah Band of Cherokee Indians in Oklahoma (hereinafter referred to 
as ``The Tribes'').

Additional Requestors and Disposition

    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the unassociated funerary objects should 
contact Dr. Thomas O. Maher, TVA, 400 West Summit Hill Drive, WT 11D, 
Knoxville, TN 37902-1401, telephone (865) 632-7458, before July 5, 
2012. Repatriation of the unassociated funerary objects to The Tribes 
may proceed after that date if no additional claimants come forward.
    The TVA is responsible for notifying The Tribes that this notice 
has been published.

    Dated: May 30, 2012.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2012-13452 Filed 6-1-12; 8:45 am]

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