[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Notices]
[Pages 45660-45661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18991]
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DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion: Tennessee Department of
Environment and Conservation, Division of Archaeology, Nashville, TN
AGENCY: National Park Service, Interior.
ACTION: Notice.
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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 in the possession of the Tennessee Department of Environment
and Conservation, Division of Archaeology, Nashville, TN. The human
remains and associated funerary objects were removed from the Fewkes
archeological site (40WM1), Williamson County, TN.
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.
A detailed assessment of the human remains was made by the
Tennessee Department of Environment and Conservation, Division of
Archaeology, professional staff in consultation with representatives of
the Absentee-Shawnee Tribe of Oklahoma; Alabama-Quassarte Tribal Town,
Oklahoma; Cherokee Nation, Oklahoma; Chickasaw Nation, Oklahoma;
Choctaw Nation of Oklahoma; Eastern Band of Cherokee Indians of North
Carolina; Eastern Shawnee Tribe of Oklahoma; Kialegee Tribal Town,
Oklahoma; Muscogee (Creek) Nation, Oklahoma; Poarch Band of Creek
Indians, Alabama; Quapaw Tribe of Oklahoma; Seminole Nation of
Oklahoma; Shawnee Tribe, Oklahoma; Thlopthlocco Tribal Town, Oklahoma;
and the United Keetoowah Band of Cherokee Indians, Oklahoma.
In 1998, human remains representing a minimum of 21 individuals
were removed from the Fewkes archeological site (40WM1), in Williamson
County, TN, by a Tennessee Department of Transportation contractor
during a data recovery excavation for a state-funded road improvement
project. In August 1999, the individuals were transferred from the
Tennessee Department of Transportation contractor to the Tennessee
Department of Environment and Conservation, Division of Archaeology. In
February 2008, the associated funerary objects were transferred. No
known individuals were identified. The 17 associated funerary objects
are 2 ceramic earplugs, 1 ceramic earplug fragment, 1 ceramic Beckwith
Incised frog effigy jar, 1 ceramic human effigy hooded bottle, 1
ceramic Matthews Incised frog effigy jar, 1 ceramic disk, 1 Clovis
biface/preform, 2 Madison-style projectile points, 1 Sand Mountain-
style projectile point, 2 greenstone celts, 1 shale gorget, 1 turkey
bone awl, 1 drilled dog tooth, and 1 bone pin fragment.
The Fewkes archeological site (40WM1) is a late prehistoric
Mississippian period mound center located in Brentwood, Williamson
County, TN. In October 1920, William E. Myer conducted the first
recorded exploration of this site for the Smithsonian Institution. The
results of this exploration were published in the 41st Annual Report of
the Bureau of American Ethnology (pages 561-615), in 1928. Myer
recorded five mounds (platform and burial), an extensive habitation
area, and numerous ``stone-box'' graves during his investigation. Among
the recovered artifacts were shell-tempered pottery jars, bowls,
bottles, and pans. The recorded earthworks, stone-box graves, and
shell-tempered ceramic vessels provide unequivocal evidence that this
site dates to the Mississippian period in middle Tennessee,
approximately A.D. 1000-1475. Results from modern archeological
investigations at the site support this cultural assignment (Tennessee
Department of Transportation, 1995-1998; Middle Tennessee State
University, 2004; and Tennessee Department of Environment and
Conservation, Division of Archaeology, 2006).
Extensive archeological research within the Middle Cumberland River
valley has identified a virtual abandonment of the area by native
residents around A.D. 1450 (K. Smith 1992; Moore et al. 2006; Moore and
Smith 2009). This drastic population reduction has been studied as
supporting evidence for the ``Vacant Quarter'' hypothesis (Williams
1990; Cobb and Butler 2002). This hypothesis notes the general
abandonment of Mississippian sites within portions of the Ohio,
Mississippi, Tennessee, and Cumberland River drainages around A.D.
1450-1550. Given the current level of archeological knowledge, and that
there are no tribal lands in Tennessee, officials of the Tennessee
Department of Environment and Conservation, Division of Archaeology,
are not able to identify the descendants of the Fewkes site residents.
Officials of the Tennessee Department of Environment and
Conservation, Division of Archaeology, have determined that, 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 Eastern Band of Cherokee Indians of North Carolina is the
aboriginal land tribe under 43 CFR 10.11(c)(1), according to the
decision of the Indian Claims Commission (Land Claim Map 37).
In addition, the Cherokee Nation, Oklahoma; Eastern Band of Cherokee
Indians of North Carolina; and the
[[Page 45661]]
United Keetoowah Band of Cherokee Indians, Oklahoma, are named in
treaties for 1784-1894 Land Cessions in Williamson County, TN (Map
3). On February 29, 2008 and June 26, 2008, the Tennessee
Department of Environment and Conservation, Division of Archaeology,
consulted with these Indian tribes recognized as aboriginal to the area
from which these Native American human remains and associated funerary
objects were removed.
The Secretary of the Interior may make a recommendation for the
culturally unidentifiable human remains to be reinterred under State or
other law. In May 2010, officials of the Tennessee Department of
Environment and Conservation, Division of Archaeology, requested that
the Secretary, through the Native American Graves Protection and
Repatriation Review Committee (Review Committee), recommend reinterment
of the Native American human remains and associated funerary objects
according to State law, 43 CFR 10.11(c)(2)(ii). The request is to
reinter under Tennessee state law (T.C.A. 11-6-119), which requires the
reburial of Native American skeletal remains and associated funerary
objects. In addition, the Chickasaw Nation, Oklahoma, will lead the
reburial of the removed individuals and associated funerary objects on
the Fewkes site property in a location selected by the Tennessee
Department of Environment and Conservation, Division of Archaeology,
and approved by the City of Brentwood, Williamson County, TN. The
Chickasaw Nation has performed previous reburials of Mississippian
period human remains and associated burial objects from middle
Tennessee. Finally, the Tennessee Department of Environment and
Conservation, Division of Archaeology, has provided proof that
consultation has occurred with all Indian tribes from whose aboriginal
lands the Native American human remains and associated funerary objects
were removed, and that none have objected to the reinterment.
On June 11, 2010, the Review Committee considered the proposal for
reinterment and concurred with the proposal. The Secretary of the
Interior considered the Review Committee's recommendation in favor of
the proposal and independently concurred with it. A June 16, 2010,
letter from the Designated Federal Officer, writing on behalf of the
Secretary of the Interior, transmitted the authorization for the
Tennessee Department of Environment and Conservation, Division of
Archaeology, to reinter the culturally unidentifiable individuals under
Tennessee state law (T.C.A 11-6-119), contingent on the publication of
a Notice of Inventory Completion in the Federal Register. This notice
fulfills that requirement. In the same letter, the Secretary of the
Interior recommended the reinterment of the associated funerary objects
to the extent allowed by Federal, state, or local law.
Officials of the Tennessee Department of Environment and
Conservation, Division of Archaeology, have determined that, pursuant
to 25 U.S.C. 3001(9), the human remains described above represent the
physical remains of 21 individuals of Native American ancestry.
Officials of the Tennessee Department of Environment and Conservation,
Division of Archaeology, also have determined that, pursuant to 25
U.S.C. 3001(3)(A), the 17 objects described above were placed with the
individual human remains at the time of death or later as part of the
death rite or ceremony. Lastly, officials of the Tennessee Department
of Environment and Conservation, Division of Archaeology, have received
a recommendation by the Secretary of the Interior, pursuant to 43 CFR
10.11(c)(2)(ii), that the human remains and associated funerary objects
can be reinterred according to Tennessee state law (T.C.A 11-6-119).
Representatives of any Indian tribe that believes itself to be
culturally affiliated with the human remains and associated funerary
objects or any other Indian tribe that believes it satisfies the
criteria in 43 CFR 10.11(c)(1) should contact Michael C. Moore,
Tennessee Division of Archaeology, 1216 Foster Ave., Cole Bldg
3, Nashville, TN 37243, telephone (615) 741-1588, before
September 2, 2010. The human remains and associated funerary objects
may be reinterred after that date if no additional claimants come
forward.
The Tennessee Department of Environment and Conservation, Division
of Archaeology, is responsible for notifying the Absentee-Shawnee Tribe
of Oklahoma; Alabama-Quassarte Tribal Town, Oklahoma; Cherokee Nation,
Oklahoma; Chickasaw Nation, Oklahoma; Choctaw Nation of Oklahoma;
Eastern Band of Cherokee Indians of North Carolina; Eastern Shawnee
Tribe of Oklahoma; Kialegee Tribal Town, Oklahoma; Muscogee (Creek)
Nation, Oklahoma; Poarch Band of Creek Indians, Alabama; Quapaw Tribe
of Oklahoma; Seminole Nation of Oklahoma; Shawnee Tribe, Oklahoma;
Thlopthlocco Tribal Town, Oklahoma; and the United Keetoowah Band of
Cherokee Indians, Oklahoma, that this notice has been published.
Dated: July 26, 2010
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2010-18991 Filed 8-2-10; 8:45 am]
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