82 FR 29923 - Notice of Inventory Completion: Texas State University, Center for Archaeological Studies and Department of Anthropology, San Marcos, TX

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 82, Issue 125 (June 30, 2017)

The Texas State University, Center for Archaeological Studies and Department of Anthropology, 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 Tribes or Native Hawaiian organizations. 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 Texas State University, Center for Archaeological Studies and Department of Anthropology. If no additional requestors come forward, the human remains may be reinterred.

[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29923-29924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13741]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-23398; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Texas State University, Center 
for Archaeological Studies and Department of Anthropology, San Marcos, 
TX

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Texas State University, Center for Archaeological Studies 
and Department of Anthropology, 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 Tribes 
or Native Hawaiian organizations. 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 Texas State University, Center for 
Archaeological Studies and Department of Anthropology. If no additional 
requestors come forward, the human remains may be reinterred.

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 the Texas State 
University, Center for Archaeological Studies and Department of 
Anthropology, at the address in this notice by July 31, 2017.

ADDRESSES: Todd M. Ahlman, Center for Archaeological Studies, Texas 
State University, 601 University Drive, San Marcos, TX 78666, telephone 
(512) 245-2724, 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 Texas State University, Department of Anthropology, 
San Marcos, TX. The human remains were removed from Hays 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.

Consultation

    A detailed assessment of the human remains was made by the Texas 
State University, Center for Archaeological Studies and Department of 
Anthropology, 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); Apache Tribe of Oklahoma; Caddo Nation of Oklahoma; Cherokee 
Nation; Comanche Nation, Oklahoma; Coushatta Tribe of Louisiana; 
Delaware Nation, Oklahoma; Iowa Tribe of Oklahoma; Jicarilla Apache 
Nation, New Mexico; Kialegee Tribal Town; Kickapoo Traditional

[[Page 29924]]

Tribe of Texas; Kickapoo Tribe of Oklahoma; Kiowa Indian Tribe of 
Oklahoma; Mescalero Apache Tribe of the Mescalero Reservation, New 
Mexico; Poarch Band of Creeks (previously listed as the Poarch Band of 
Creek Indians of Alabama); The Choctaw Nation of Oklahoma; The Muscogee 
(Creek) Nation; The Osage Nation (previously listed as the Osage 
Tribe); The Quapaw Tribe of Indians; The Seminole Nation of Oklahoma; 
Thlopthlocco Tribal Town; Tonkawa Tribe of Indians of Oklahoma; Tunica-
Biloxi Indian Tribe; United Keetoowah Band of Cherokee Indians in 
Oklahoma; Wichita and Affiliated Tribes (Wichita, Keechi, Waco & 
Tawakonie), Oklahoma; and Ysleta del Sur Pueblo (previously listed as 
the Ysleta Del Sur Pueblo of Texas) (hereafter listed as ``The 
Consulted Tribes''). Texas State University, Center for Archaeological 
Studies and Department of Anthropology, professional staff also 
consulted with the Miakan-Garza Band of the Coahuiltecan people, a non-
federally recognized Indian group.

History and Description of the Remains

    In February of 1983, human remains representing, at minimum, two 
individuals were removed from site 41HY161 in Hays County, TX. The 
human remains were initially discovered in the fall of 1982 during 
construction and maintenance of the Texas State University campus. 
Osteological analysis was conducted by a biological anthropologist from 
the Southwest Texas State University Department of Sociology and 
Anthropology (now Texas State University Department of Anthropology), 
who determined by the context and appearance of the remains that they 
are most likely of prehistoric Native American ancestry. The human 
remains from the first burial were very fragmentary. Age and sex could 
not be determined. The human remains from the second burial were 
determined to be those of an adult female. No known individuals were 
identified. No associated funerary objects are present.
    In February of 2008 and April of 2009, human remains representing, 
at minimum, four individuals were removed from site 40HY163 in Hays 
County, TX. The human remains were discovered during a construction 
project for expansion of the City of San Marcos' Wonder World Drive and 
later excavated by Texas State University's Center for Archaeological 
Studies. Osteological analysis was conducted Kyra Stull, M.A. and Dr. 
Michelle Hamilton of the Department of Anthropology at Texas State 
University, who determined them to be of prehistoric Native American 
ancestry. The human remains consist of one adult male, two adult 
females, and one possible adult female. No known individuals were 
identified. No associated funerary objects are present.
    Pursuant to 43 CFR 10.16, the Secretary of the Interior may 
recommend that culturally unidentifiable human remains with no ``tribal 
land'' or ``aboriginal land'' provenience be reinterred under State or 
other law. In January 2017, the Texas State University, Center for 
Archaeological Studies and Department of Anthropology, requested that 
the Secretary, through the Native American Graves Protection and 
Repatriation Review Committee, recommend the proposed re-interment of 
the culturally unidentifiable Native American human remains in this 
notice, according to State or other law. The Review Committee, acting 
pursuant to its responsibility under 25 U.S.C. 3006(c)(5), considered 
the request at its March 2017 meeting and recommended to the Secretary 
that the proposed re-interment proceed. An April 2017 letter on behalf 
of the Secretary of Interior from the National Park Service Associate 
Director for Cultural Resources, Partnerships, and Science transmitted 
the Secretary's independent review and concurrence with the Review 
Committee that:
     None of The Consulted Tribes objected to the proposed re-
interment, and
     Texas State University, Center for Archaeological Studies 
and Department of Anthropology, may proceed with the proposed re-
interment of the culturally unidentifiable human remains.
    Re-interment is contingent on the publication of a Notice of 
Inventory Completion in the Federal Register. This notice fulfills that 
requirement.

Determinations Made by the Texas State University, Center for 
Archaeological Studies and Department of Anthropology

    Officials of the Texas State University, Center for Archaeological 
Studies and Department of Anthropology, have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on association with 
prehistoric artifacts and ancestry estimation.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of six individuals of 
Native American ancestry.
     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 any present-day Indian Tribe.
     Pursuant to 43 CFR 10.11(c)(1), a ``tribal land'' or 
``aboriginal land'' provenience cannot be ascertained.
     Pursuant to 43 CFR 10.10(g)(2)(ii) and 43 CFR 10.16, the 
human remains may be reinterred according to the law of the State of 
Texas and the City of San Marcos, Texas.

Additional Requestors and Disposition

    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 Todd M. Ahlman, Center for Archaeological 
Studies, Texas State University, 601 University Drive, San Marcos, TX 
78666, telephone (512) 245-2724, email [email protected], by July 
31, 2017. After that date, if no additional requestors have come 
forward, the human remains may be reinterred.
    The Texas State University, Center for Archaeological Studies and 
Department of Anthropology, is responsible for notifying The Consulted 
Tribes that this notice has been published.

    Dated: May 12, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-13741 Filed 6-29-17; 8:45 am]
 BILLING CODE 4312-52-P