Notice2022-02036
Native American Graves Protection and Repatriation Review Committee Finding Regarding the Cultural Affiliation of Human Remains and Associated Funerary Objects Removed From, and Adjacent to, Moundville Archeological Site (1TU500) Located in Tuscaloosa County, AL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 1, 2022
Issuing agencies
Interior DepartmentNational Park Service
Abstract
On November 23, 2021, the Native American Graves Protection and Repatriation Review Committee (Review Committee) found, based on the information provided before and during its public meeting, that a cultural affiliation exists between the present-day Muskogean-speaking Indian Tribes and the earlier group connected to human remains and funerary objects excavated at, and adjacent to, the Moundville archeological site (1Tu500), in Tuscaloosa County, AL. The recommendations, findings, and actions in this notice are advisory only and are not binding on any person. Pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA or the Act), the Review Committee is responsible for reviewing and making findings related to the identity or cultural affiliation of cultural items. The National Park Service is not responsible for the determinations in this notice.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 21 (Tuesday, February 1, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Notices]
[Pages 5499-5500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02036]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-NAGPRA-NPS0033204; PPWOCRADN0-PCU00RP14.R50000]
Native American Graves Protection and Repatriation Review
Committee Finding Regarding the Cultural Affiliation of Human Remains
and Associated Funerary Objects Removed From, and Adjacent to,
Moundville Archeological Site (1TU500) Located in Tuscaloosa County, AL
AGENCY: National Park Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On November 23, 2021, the Native American Graves Protection
and Repatriation Review Committee (Review Committee) found, based on
the information provided before and during its public meeting, that a
cultural affiliation exists between the present-day Muskogean-speaking
Indian Tribes and the earlier group connected to human remains and
funerary objects excavated at, and adjacent to, the Moundville
archeological site (1Tu500), in Tuscaloosa County, AL. The
recommendations, findings, and actions in this notice are advisory only
and are not binding on any person. Pursuant to the Native American
Graves Protection and Repatriation Act (NAGPRA or the Act), the Review
Committee is responsible for reviewing and making findings related to
the identity or cultural affiliation of cultural items. The National
Park Service is not responsible for the determinations in this notice.
ADDRESSES: The meeting transcript containing the Review Committee
proceedings and deliberation for this finding are available online at
<a href="http://www.nps.gov/subjects/nagpra/index.htm">www.nps.gov/subjects/nagpra/index.htm</a> or upon an email request to the
National NAGPRA Program (<a href="/cdn-cgi/l/email-protection#115f50564143504e587f777e517f61623f767e67"><span class="__cf_email__" data-cfemail="9fd1ded8cfcddec0d6f1f9f0dff1efecb1f8f0e9">[email protected]</span></a>).
FOR FURTHER INFORMATION CONTACT: Melanie O'Brien, Manager and
Designated Federal Official, National NAGPRA Program, 1849 C Street NW,
Washington, DC 20240, telephone (202) 354-2201, email
<a href="/cdn-cgi/l/email-protection#d6989791868497899fb8b0b996b8a6a5f8b1b9a0"><span class="__cf_email__" data-cfemail="450b04021517041a0c2b232a052b35366b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Native American Graves Protection and
Repatriation Review Committee (Review Committee) found that a cultural
affiliation exists between the present-day Muskogean-speaking Indian
Tribes and the earlier group connected to human remains and funerary
objects excavated at, and adjacent to, the Moundville archeological
site (1Tu500), in Tuscaloosa County, AL. The recommendations, findings,
and actions in this notice are advisory only and are not binding on any
person. Pursuant to the Native American Graves Protection and
Repatriation Act (NAGPRA or the Act), the Review Committee is
responsible for reviewing and making findings related to the identity
or cultural affiliation of cultural items. 25 U.S.C. 3006(c)(3)(A).
These advisory findings do not necessarily represent the views of
the National Park Service or Secretary of the Interior. The National
Park Service and the Secretary of the Interior have not taken a
position on these matters. The Review Committee established by Section
8 of the Act (25 U.S.C. 3006) is an advisory body governed by the
Federal Advisory Committee Act. Under the Act, upon the request of any
affected party, the Review Committee is responsible for reviewing and
making findings related to the identity or cultural affiliation of
cultural items. 25 U.S.C. 3006(c)(3)(A).
Background
Under the Act, ``cultural affiliation'' means that there is a
relationship of shared group identity that can be reasonably traced
between a present-day Indian Tribe and an identifiable earlier group.
25 U.S.C. 3001(2). Cultural affiliation of Native American human
remains and associated funerary objects is established by compiling an
inventory, based on information possessed by a museum or Federal agency
and in consultation with Indian Tribes and Native Hawaiian
organizations. 25 U.S.C. 3003. When cultural affiliation is not
established in an inventory, then, upon request, Native American human
remains and associated funerary objects must be expeditiously returned
where a requesting Indian Tribe or Native Hawaiian organization can
show cultural affiliation by a preponderance of the evidence based upon
the following kinds of relevant information: Geographical, kinship,
biological, archeological, anthropological, linguistic, folkloric, oral
traditional, historical, or other relevant information or expert
opinion. 25 U.S.C. 3005(a)(4).
Request for a Finding
At its November 23, 2021, virtual pubic meeting, the Review
Committee heard a request from the following affected parties for a
finding of fact: The Choctaw Nation of Oklahoma, The Chickasaw Nation,
Coushatta Tribe of Louisiana, The Muscogee (Creek) Nation, Seminole
Tribe of Florida [previously listed as Seminole Tribe of Florida
(Dania, Big Cypress, Brighton,
[[Page 5500]]
Hollywood, & Tampa Reservations)], and The Seminole Nation of Oklahoma,
with support from the Jena Band of Choctaw Indians and the Alabama-
Coushatta Tribe of Texas [previously listed as Alabama-Coushatta Tribes
of Texas]. The question presented was whether the present-day
Muskogean-speaking Indian Tribes are culturally affiliated with the
human remains and funerary objects excavated at, and adjacent to, the
Moundville archeological site (1TU500), in Tuscaloosa County, AL. The
Review Committee considered the relevant information submitted by the
requestors, which included the following types of evidence: Linguistic,
oral tradition, geographical, kinship, biological, archeological,
historical, and anthropological.
During discussion, members of the Review Committee noted that the
requestors had asked for a finding based upon a preponderance of the
evidence and asked whether a finding of cultural affiliation by a
preponderance of the evidence would differ from a finding by a
reasonable basis. In response, attorneys from the Department's Office
of the Solicitor stated that, in practice, preponderance of the
evidence and reasonable basis are similar standards for determining
whether the evidence leans slightly more one way than the other. The
Review Committee noted several times that the University of Alabama did
not have an opportunity to present information on this matter to the
Review Committee. One member stated that the preponderance of the
evidence means a weighing between two sides, and since the Review
Committee had heard the tribal case but not the museum's case the
reasonable basis standard was appropriate.
Finding of Fact
All six currently appointed Review Committee members participated
in the fact finding. By a vote of five in favor and one abstention, the
Review Committee found that, based on the evidence before it, there is
a preponderance of the evidence for cultural affiliation between the
human remains and funerary objects originating from, and adjacent to,
the Moundville archeological site (1Tu500) and the present-day
Muskogean-speaking Indian Tribes. The abstaining member requested, and
the other members agreed, that a statement be appended to the finding.
This statement is that the one abstaining member of the Review
Committee found that, based on the evidence before the Review
Committee, there is a reasonable basis for cultural affiliation between
the human remains and funerary objects originating from, or adjacent
to, the Moundville archeological site (1Tu500) and the present-day
Muskogean-speaking Indian Tribes. The requesting, affected parties
making a request for this finding are: The Choctaw Nation of Oklahoma,
The Chickasaw Nation, Coushatta Tribe of Louisiana, The Muscogee
(Creek) Nation, Seminole Tribe of Florida [previously listed as
Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood, &
Tampa Reservations)], and The Seminole Nation of Oklahoma, with support
from the Jena Band of Choctaw Indians and the Alabama-Coushatta Tribe
of Texas [previously listed as Alabama-Coushatta Tribes of Texas].
This finding was approved for publication by the Chair of the
Review Committee, Francis P. McManamon.
Dated: January 26, 2022.
Melanie O'Brien,
Designated Federal Official, Native American Graves Protection and
Repatriation Review Committee.
[FR Doc. 2022-02036 Filed 1-31-22; 8:45 am]
BILLING CODE 4312-52-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 1, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.