80 FR 10505 - Notice of Inventory Completion: Kerr County Attorney's Office, Kerr County, TX

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 38 (February 26, 2015)

Page Range		10505-10506
FR Document		2015-04058

The Kerr County Attorney's Office has completed an inventory of human remains, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian tribes or Native Hawaiian organizations. Lineal descendants or 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 the Kerr County Attorney's Office. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, or Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)

[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10505-10506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04058]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-17549; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Kerr County Attorney's Office, 
Kerr County, TX

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Kerr County Attorney's Office has completed an inventory 
of human remains, in consultation with the appropriate Indian tribes or 
Native Hawaiian organizations, and has determined that there is a 
cultural affiliation between the human remains and present-day Indian 
tribes or Native Hawaiian organizations. Lineal descendants or 
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 the Kerr County 
Attorney's Office. If no additional requestors come forward, transfer 
of control of the human remains to the lineal descendants, or Indian 
tribes, or Native Hawaiian organizations stated in this notice may 
proceed.

DATES: Lineal descendants or 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 the Kerr 
County Attorney's Office at the address in this notice by March 30, 
2015.

ADDRESSES: Heather Stebbins, Kerr County Attorney, 700 Main Street, 
Suite BA-103, Kerrville, TX 78028, telephone (830) 792-2220, 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 under 
the control of the County of Kerr, Kerr County Attorney's Office, 
Kerrville, TX. The human remains were removed from Kerr County, TX.
    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 human remains. The National Park Service is not responsible 
for the determinations in this notice.

[[Page 10506]]

Consultation

    A detailed assessment of the human remains was made by the Kerr 
County Sheriff's Department Evidence Submission professional staff. 
Kerr County Justice of the Peace Precinct #4, Justice William Ragsdale 
has consulted with representatives of the Comanche Nation, Oklahoma, 
the Mescalero Apache Tribe of the Mescalero Reservation, New Mexico, 
and the Lipan Apache Band of Texas, a non-Federally recognized Indian 
group.

History and Description of the Remains

    In May 2009, human remains representing, at minimum, one individual 
were removed from private property along a river bank in Kerr County, 
TX. Individuals clearing land along a dry river bank on private 
property discovered some fragmented bones in a niche. Believing the 
bones to possibly be human remains, the fragments were reported to the 
ranch manager, who advised that there had been other fragments removed 
from the same area in 2005. The Kerr County Sheriff's Department was 
notified, took photos, and removed additional fragments from the river 
bank in Kerr County, TX. The remains were then taken to the Kerr County 
Sheriff's Department secure evidence storage. The University of North 
Texas Center for Human Identification, Laboratory of Forensic 
Anthropology evaluated the bone fragments and prepared a report. The 
report concluded that the remains are historical/archeological in 
origin and are at least 100-200 years old. The remains were from one 
male individual, approximately 24 years of age, and most importantly, 
the remains are of Amerindian ancestry. No known individuals or 
specific tribal affiliation were identified. No associated funerary 
objects were present.
    According to anthropologist Harrell Gill-King, Ph.D., D-ABFA, the 
Lipan Apache inhabited the entire length of the Guadalupe River basin 
100 to 200 years ago. According to Daniel Castro Romero, Jr., General 
Council Chairman, Lipan Apache Band of Texas, the Lipan Apache have 
historically used this geographical area for traditional hunting and 
burial. Mr. Romero believes that the Apache affiliation has been 
verified through previous scholarship. NAGPRA affiliate, Randy Barnes, 
has advised Kerr County that the area in question is traditional 
hunting and burial area of the Lipan Apache. This particular area in 
the Texas Hill Country has had several known tribal groups that were in 
the area within the estimated time period. The Lipan Apache, the Payaya 
Indians, the Carrizo Indians, and possibly the Comanche utilized the 
niche methods of burial. The last tribe with historical affiliation in 
the area was the Lipan Apache Band under Chief Castro, whose sons were 
scouts for the Texas Rangers.

Determinations Made by the Kerr County Attorney's Office

    Officials of the Kerr County Attorney's Office have determined 
that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of one individual of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001 (2), there is a relationship of 
shared group identity that can be reasonably traced between the Native 
American human remains and the Comanche Nation, Oklahoma, and the 
Mescalero Apache Tribe of the Mescalero Reservation, New Mexico.

Additional Requestors and Disposition

    Lineal descendants or 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 Heather 
Stebbins, Kerr County Attorney, 700 Main Street, Suite BA-103, 
Kerrville, TX 78028, telephone (830) 792-2220, email [email protected], 
by March 30, 2015. After that date, if no additional requestors have 
come forward, transfer of control of the human remains to the Comanche 
Nation, Oklahoma, and the Mescalero Apache Tribe of the Mescalero 
Reservation, New Mexico, may proceed.
    The Kerr County Attorney's office is responsible for notifying the 
Comanche Nation, Oklahoma, the Mescalero Apache Tribe of the Mescalero 
Reservation, New Mexico, and the Lipan Apache Band of Texas, a non-
Federally recognized Indian group, that this notice has been published.

    Dated: January 23, 2015.
Melanie O'Brien,
Acting Manager, National NAGPRA Program.
[FR Doc. 2015-04058 Filed 2-25-15; 8:45 am]
BILLING CODE 4312-50-P

Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices 10505

Bouton in his 1856 book ‘‘The History • Pursuant to 25 U.S.C. 3001(9), the DEPARTMENT OF THE INTERIOR
of Concord from its First Grant in 1725, human remains described in this notice
to the Organization of the City represent the physical remains of 15 National Park Service
Government in 1853, with a History of individuals of Native American [NPS–WASO–NAGPRA–17549;
the Ancient Pennacooks,’’ Pehaungun is ancestry. PPWOCRADN0–PCU00RP14.R50000]
described as being 120 years old; he • Pursuant to 25 U.S.C. 3001(3)(A),
died in 1732 and was buried by other the 143 objects described in this notice Notice of Inventory Completion: Kerr
American Indians in the area. Bouton are reasonably believed to have been County Attorney’s Office, Kerr County,
also mentions that Pehaungun and placed with or near individual human TX
Tahanto, another Pennacook leader, remains at the time of death or later as
provided testimony during the trial of part of the death rite or ceremony. AGENCY: National Park Service, Interior.
one of an Indian accused of the murder • Pursuant to 25 U.S.C. 3001(2), there ACTION: Notice.
of Thomas Dickinson in 1668. Stewart- is a relationship of shared group SUMMARY: The Kerr County Attorney’s
Smith notes the obviously problematical identity that can be reasonably traced Office has completed an inventory of
nature of accounts like Bouton’s. It is between the Native American human human remains, in consultation with
possible, however, that accounts of remains and associated funerary objects the appropriate Indian tribes or Native
Pehaugan and Tahanto, coupled with and the Wampanoag Repatriation Hawaiian organizations, and has
the discovery of a burial site, may have Confederacy, representing the Mashpee determined that there is a cultural
provided source material for the late Wampanoag Tribe (previously listed as affiliation between the human remains
nineteenth and early twentieth century the Mashpee Wampanoag Indian Tribal and present-day Indian tribes or Native
accounts of ‘‘Punjoe.’’ Council, Inc.), the Wampanoag Tribe of Hawaiian organizations. Lineal
The Georgetown, Shattuck Farm, Gay Head (Aquinnah), and, if joined, the descendants or representatives of any
Lowell Textile School, Poznick, Call, Assonet Band of the Wampaog Nation, Indian tribe or Native Hawaiian
and Indian Rock sites are within the a non-federally recognized Indian organization not identified in this notice
homeland historically occupied by the group. that wish to request transfer of control
Pennacook or Pawtucket, who lived in of these human remains should submit
the Merrimack River valley and adjacent Additional Requestors and Disposition
a written request to the Kerr County
areas of northeastern Massachusetts and Lineal descendants or representatives Attorney’s Office. If no additional
New Hampshire. David Steward-Smith, of any Indian tribe or Native Hawaiian requestors come forward, transfer of
in his 1998 Union Institute dissertation organization not identified in this notice control of the human remains to the
‘‘The Pennacook Indians and the New that wish to request transfer of control lineal descendants, or Indian tribes, or
England Frontier, circa 1606–1733’’ of these human remains and associated Native Hawaiian organizations stated in
discusses the coalescence of indigenous funerary objects should submit a written this notice may proceed.
groups following King Philip’s War request with information in support of
DATES: Lineal descendants or
(1675–1678), including the Nipmuc, the request to Dr. Ryan J. Wheeler,
Wampanoag, Pocumtuck, and representatives of any Indian tribe or
Robert S. Peabody Museum of
Narragansett who sought refuge among Native Hawaiian organization not
Archaeology, Phillips Academy, 180
the Pennacook (p. 339). The historical identified in this notice that wish to
Main Street, Andover, MA 01810,
accounts compiled by Stewart-Smith request transfer of control of these
telephone (978) 749–4490, email
indicate consistent alliances with human remains should submit a written
rwheeler@andover.edu, by March 30,
Abenaki peoples to the north. Bert request with information in support of
2015. After that date, if no additional the request to the Kerr County
Salwen’s 1978 entry ‘‘Indians of requestors have come forward, transfer
Southern New England and Long Island: Attorney’s Office at the address in this
of control of the human remains and notice by March 30, 2015.
Early Period,’’ appearing in the associated funerary objects to the
Handbook of North American Indians: ADDRESSES: Heather Stebbins, Kerr
Wampanoag Repatriation Confederacy,
Northeast, edited by Bruce G. Trigger County Attorney, 700 Main Street, Suite
representing the Mashpee Wampanoag
states that the indigenous groups in the BA–103, Kerrville, TX 78028, telephone
Tribe (previously listed as the Mashpee
region extending ‘‘from Saco Bay, (830) 792–2220, email cmc@
Wampanoag Indian Tribal Council,
Maine, to the vicinity of the Housatonic co.kerr.tx.us.
Inc.), the Wampanoag Tribe of Gay Head
River, in Connecticut, and from Long (Aquinnah), and, if joined, the Assonet SUPPLEMENTARY INFORMATION: Notice is
Island inland to southern New Band of the Wampaog Nation, a non- here given in accordance with the
Hampshire and Vermont’’ shared a federally recognized Indian group. Native American Graves Protection and
cultural pattern (page 160–161). The Robert S. Peabody Museum of Repatriation Act (NAGPRA), 25 U.S.C.
Elaborating on the work of Frank T. Archaeology is responsible for notifying 3003, of the completion of an inventory
Siebert, Jr., linguist Jessie Little Doe the Wampanoag Repatriation of human remains under the control of
Baird demonstrates linguistic unity Confederacy, representing the Mashpee the County of Kerr, Kerr County
among Wampanoag, Massachusett, and Wampanoag Tribe (previously listed as Attorney’s Office, Kerrville, TX. The
Pennacook peoples in adjacent parts of the Mashpee Wampanoag Indian Tribal human remains were removed from Kerr
Rhode Island and Massachusetts, Council, Inc.), the Wampanoag Tribe of County, TX.
including the area around the Gay Head (Aquinnah), and the Assonet This notice is published as part of the
Georgetown, Shattuck Farm, Lowell Band of the Wampaog Nation, a non- National Park Service’s administrative
Textile School, Poznick, Call, and federally recognized Indian group, that responsibilities under NAGPRA, 25
rmajette on DSK2VPTVN1PROD with NOTICES

Indian Rock sites. this notice has been published. U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
Determinations Made by the Robert S. Dated: January 23, 2015. the museum, institution, or Federal
Peabody Museum of Archaeology Melanie O’Brien, agency that has control of the Native
Officials of the Robert S. Peabody Acting Manager, National NAGPRA Program. American human remains. The National
Museum of Archaeology have [FR Doc. 2015–04062 Filed 2–25–15; 8:45 am] Park Service is not responsible for the
determined that: BILLING CODE 4312–50–P determinations in this notice.

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10506 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices

Consultation Indians, the Carrizo Indians, and DEPARTMENT OF THE INTERIOR
A detailed assessment of the human possibly the Comanche utilized the
niche methods of burial. The last tribe National Park Service
remains was made by the Kerr County
Sheriff’s Department Evidence with historical affiliation in the area was [NPS–WASO–NAGPRA–17616;
Submission professional staff. Kerr the Lipan Apache Band under Chief PPWOCRADN0–PCU00RP14.R50000]
County Justice of the Peace Precinct #4, Castro, whose sons were scouts for the
Justice William Ragsdale has consulted Texas Rangers. Notice of Inventory Completion: U.S.
with representatives of the Comanche Department of Defense, Department of
Determinations Made by the Kerr the Navy, Washington, DC
Nation, Oklahoma, the Mescalero
County Attorney’s Office
Apache Tribe of the Mescalero AGENCY: National Park Service, Interior.
Reservation, New Mexico, and the Lipan Officials of the Kerr County ACTION: Notice.
Apache Band of Texas, a non-Federally Attorney’s Office have determined that:
recognized Indian group. SUMMARY: The U.S. Department of
• Pursuant to 25 U.S.C. 3001(9), the
History and Description of the Remains human remains described in this notice Defense, Department of the Navy has
represent the physical remains of one completed an inventory of human
In May 2009, human remains remains and associated funerary, in
representing, at minimum, one individual of Native American ancestry.
consultation with the appropriate
individual were removed from private • Pursuant to 25 U.S.C. 3001 (2), Indian tribes or Native Hawaiian
property along a river bank in Kerr there is a relationship of shared group organizations, and has determined that
County, TX. Individuals clearing land identity that can be reasonably traced there is a cultural affiliation between the
along a dry river bank on private between the Native American human human remains and associated funerary
property discovered some fragmented remains and the Comanche Nation, objects and present-day Indian tribes or
bones in a niche. Believing the bones to Oklahoma, and the Mescalero Apache Native Hawaiian organizations. Lineal
possibly be human remains, the Tribe of the Mescalero Reservation, New descendants or representatives of any
fragments were reported to the ranch Mexico. Indian tribe or Native Hawaiian
manager, who advised that there had organization not identified in this notice
been other fragments removed from the Additional Requestors and Disposition that wish to request transfer of control
same area in 2005. The Kerr County of these human remains and associated
Sheriff’s Department was notified, took Lineal descendants or representatives
of any Indian tribe or Native Hawaiian funerary objects should submit a written
photos, and removed additional request to the Department of the Navy.
fragments from the river bank in Kerr organization not identified in this notice
If no additional requestors come
County, TX. The remains were then that wish to request transfer of control
forward, transfer of control of the
taken to the Kerr County Sheriff’s of these human remains should submit
human remains and associated funerary
Department secure evidence storage. a written request with information in objects to the lineal descendants, Indian
The University of North Texas Center support of the request to Heather tribes, or Native Hawaiian organizations
for Human Identification, Laboratory of Stebbins, Kerr County Attorney, 700 stated in this notice may proceed.
Forensic Anthropology evaluated the Main Street, Suite BA–103, Kerrville,
DATES: Lineal descendants or
bone fragments and prepared a report. TX 78028, telephone (830) 792–2220,
The report concluded that the remains representatives of any Indian tribe or
email cmc@co.kerr.tx.us, by March 30, Native Hawaiian organization not
are historical/archeological in origin 2015. After that date, if no additional
and are at least 100–200 years old. The identified in this notice that wish to
requestors have come forward, transfer request transfer of control of these
remains were from one male individual, of control of the human remains to the
approximately 24 years of age, and most human remains and associated funerary
Comanche Nation, Oklahoma, and the objects should submit a written request
importantly, the remains are of Mescalero Apache Tribe of the
Amerindian ancestry. No known with information in support of the
Mescalero Reservation, New Mexico, request to the Department of the Navy
individuals or specific tribal affiliation may proceed.
were identified. No associated funerary at the address in this notice by March
objects were present. The Kerr County Attorney’s office is 30, 2015.
According to anthropologist Harrell responsible for notifying the Comanche ADDRESSES: Mr. Joseph Montoya,
Gill-King, Ph.D., D–ABFA, the Lipan Nation, Oklahoma, the Mescalero Environmental Planning and
Apache inhabited the entire length of Apache Tribe of the Mescalero Conservation Branch Manager, Naval
the Guadalupe River basin 100 to 200 Reservation, New Mexico, and the Lipan Base Ventura County, Naval Base
years ago. According to Daniel Castro Apache Band of Texas, a non-Federally Ventura County, 311 Main Road,
Romero, Jr., General Council Chairman, recognized Indian group, that this notice Building 1, Code N45V, Point Mugu, CA
Lipan Apache Band of Texas, the Lipan has been published. 93042, telephone (805) 989–3804, email
Apache have historically used this joseph.l.montoya@navy.mil.
Dated: January 23, 2015.
geographical area for traditional hunting SUPPLEMENTARY INFORMATION: Notice is
and burial. Mr. Romero believes that the Melanie O’Brien, here given in accordance with the
Apache affiliation has been verified Acting Manager, National NAGPRA Program. Native American Graves Protection and
through previous scholarship. NAGPRA [FR Doc. 2015–04058 Filed 2–25–15; 8:45 am] Repatriation Act (NAGPRA), 25 U.S.C.
affiliate, Randy Barnes, has advised Kerr BILLING CODE 4312–50–P 3003, of the completion of an inventory
rmajette on DSK2VPTVN1PROD with NOTICES

County that the area in question is of human remains and associated
traditional hunting and burial area of funerary objects under the control of the
the Lipan Apache. This particular area Department of the Navy, Naval Base
in the Texas Hill Country has had Ventura County, and in the physical
several known tribal groups that were in custody of its partner repositories,
the area within the estimated time which include the Fowler Museum at
period. The Lipan Apache, the Payaya UCLA, Natural History Museum of Los

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Document Created: 2015-12-18 13:05:02
Document Modified: 2015-12-18 13:05:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Lineal descendants or 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 the Kerr
FR Citation		80 FR 10505

80 FR 10505 - Notice of Inventory Completion: Kerr County Attorney's Office, Kerr County, TX

DEPARTMENT OF THE INTERIORNational Park Service

Federal Register Volume 80, Issue 38 (February 26, 2015)

DEPARTMENT OF THE INTERIOR
National Park Service