[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44893-44896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16277]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-21438; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Texas Archeological Research 
Laboratory, Austin, TX

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Texas Archeological Research Laboratory (TARL) has 
completed an inventory of human remains and associated funerary 
objects, 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 associated

[[Page 44894]]

funerary objects and 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 and associated funerary 
objects should submit a written request to TARL. If no additional 
requestors come forward, transfer of control of the human remains and 
associated funerary objects to the Indian tribes stated in this notice 
may proceed.

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 and associated funerary 
objects should submit a written request with information in support of 
the request to TARL at the address in this notice by August 10, 2016.

ADDRESSES: Marybeth Tomka, Head of Collections, Texas Archaeological 
Research Laboratory, 10100 Burnet Road, PRC Building 5, Austin, TX 
78758, telephone (512) 475-6853, 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 and 
associated funerary objects under the control of TARL in Austin, TX. 
The human remains and associated funerary objects were removed from 
Zapata 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 and associated funerary objects. The National 
Park Service is not responsible for the determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by TARL 
professional staff in consultation with representatives of the Comanche 
Nation, Oklahoma, the Kiowa Indian Tribe of Oklahoma, the Mescalero 
Apache Tribe of the Mescalero Reservation, New Mexico, and the Tonkawa 
Tribe of Indians of Oklahoma.

History and Description of the Remains

    In 1952, human remains representing, at minimum, one individual 
were removed from site 41ZP2, also referenced as the ``Castillo Site'' 
in Zapata County, TX. The burial was discovered east of the Rio Grande 
River, and the human remains were likely partially or completely 
excavated by a ``Mr. Garcia'' prior to the arrival of professional 
archeologists. The human remains are identified by two TARL Human 
Osteology (HO) numbers: #2428 and #3404. The cranial material (TARL HO 
#2428) represents a young adult female (approximately 20-35 years old 
at the time of death). The age-at-death could not be determined for the 
postcranial material (TARL HO #3404). While packaged under separate HO 
numbers, TARL has determined that these human remains likely belong to 
the same individual. No known individuals were identified. The 190 
associated funerary objects are six pieces of chert debitage, two 
bifaces, one Tortugas dart point, one bone awl (possibly animal), 95 
bone beads (strung necklace), 70 fragmentary bone beads, one bone tube 
(a modified right human ulna), 13 ochre pebbles and fragments, and one 
ochre pebble. Based on the presence of the Tortugas point associated 
with these human remains, this individual is estimated to date to the 
Late Middle Archaic Period (approximately 1000 B.C.).
    In 1996, human remains representing, at minimum, one individual 
were recovered from a slope above the Rio Grande at site 41ZP7 in 
Zapata County, TX. The human remains of one relatively complete 
individual (TARL HO #3604) were exposed due to low water levels at 
Falcon Lake and then excavated by TARL archeologists and transported to 
Austin for subsequent analysis. The human remains represent an older 
adult female, 50 years old or older at the time of death. No known 
individuals were identified. The 15 associated funerary objects are one 
Desmuke Point, two Tortugas Points, five Kinney Points, one Abasolo 
Point, one Refugio Point, two Catan Points, one Matamoros Point, and 
two biface fragments. Based on the presence of the projectile point 
artifacts associated with these human remains, this burial is estimated 
to date to the Middle to Late/Transitional Archaic Periods 
(approximately 2000 B.C. to A.D. 1000).
    In 1995, human remains representing, at minimum, one individual 
were salvaged from site 41ZP8 in Zapata County, TX. These human remains 
were found eroding from deposits during a low water episode at Falcon 
Lake and were subsequently reburied in an individual's garden. In 1996, 
the human remains were removed from the garden and placed in the 
custody of TARL. The human remains (TARL HO #4023) represent a single, 
juvenile individual aged 12-24 months old and of indeterminate sex. No 
known individuals were identified. No associated funerary objects are 
present.
    In the 1990s, during a period of low water levels at Falcon Lake, 
human remains representing, at minimum, one individual were recovered 
from site 41ZP8 in Zapata County, TX. The context of these human 
remains (TARL HO #4024) is unknown, but they were originally packaged 
with two other sets of remains (TARL HO #4023 and #4025). This 
individual is represented by one left innominate and is a middle to 
older adult female, aged 42-55. No known individuals were identified. 
No associated funerary objects are present.
    In the 1990s, human remains representing, at minimum, five 
individuals were uncovered during low-water levels at Falcon Lake, 
somewhere near site 41ZP8 in Zapata County, TX (TARL HO #4025). The sex 
of these individuals could not be determined and their ages are 
unclear. Two of the individuals might be juveniles. No known 
individuals were identified. No associated funerary objects are 
present.
    In 1950, human remains representing, at minimum, one adult 
individual were recorded by J.T. Hughes at site 41ZP10 in Zapata 
County, TX. The individual (TARL HO #2113) is represented by only the 
bottom half of the skeleton. The individual is a middle-adult (30 years 
old or older). The individual's sex could not be determined, although 
the original report suggests the individual may have been female. No 
known individuals were identified. The 21 associated funerary objects 
are four Tortugas Points, three Kinney Points, one Abasolo Point, one 
scraper/biface, one end scraper, seven knives/bifaces, and four 
Matamoros Points. One grooved sandstone abrader was noted on a 1950 
map, but cannot be located in TARL's collections. Based on the presence 
of the projectile point artifacts associated with these human remains, 
this burial is estimated to date to the Middle to Late/Transitional 
Archaic Periods (approximately 1000 B.C. to A.D. 1000).
    In 1952, human remains representing, at minimum, three individuals 
were identified at the Gaspar Garcia Site, 41ZP61, near the Castillo 
Site (41ZP7) within the Falcon Reservoir of Zapata County, TX. The 
first of the three individuals (TARL HO #2182) is represented by only a 
few fragmentary remains, so the age and sex could not be determined. 
Six bone bead fragments were comingled with these human remains. The 
second individual (TARL HO #2356) is a young to middle adult male, 
approximately 25-44 years old at the time of death. The third 
individual (TARL HO #3405) is represented by a single fragment--the 
distal epiphysis of

[[Page 44895]]

the right femur. The sex and age of this individual could not be 
determined. No known individuals were identified. Associated funerary 
objects were identified for this site, but it is unclear whether the 
objects were placed with only one or more of the individuals listed for 
this site (TARL HO #2182, #2356, or #3405). The 146 associated funerary 
objects are one Desmuke Point, one Tortugas Point, one Matamoros Point, 
one triangular biface, one chert debitage, one chert biface, one 
polished pebble, 128 bone beads (possibly bird), five ochre pebbles, 
and the six bone bead fragments that were found commingled with the 
human remains of TARL HO #2182. Based on the presence of the projectile 
points associated with these human remains, these burials are estimated 
to date to the Middle to Late/Transitional Archaic Periods 
(approximately 1000 B.C. to A.D. 1000).
    In 1952, human remains representing, at minimum, one individual 
were exposed at site 41ZP67 during low-water levels at Falcon Reservoir 
in Zapata County, TX. This individual (TARL HO #2055) is represented by 
only cranial remains and is estimated to be an adult female, at least 
23 years old at the time of death. No known individuals were 
identified. The single associated funerary object is one Tortugas dart 
point. Based on the presence of the Tortugas dart point associated with 
these human remains, this burial is estimated to date to the Late 
Middle Archaic Period (approximately 1000 B.C.).
    In 1996, human remains representing, at minimum, one individual 
were recovered from site 41ZP322 during low-water levels at Falcon 
Reservoir in Zapata County, TX. The human remains (TARL HO #4028) were 
eroding from a slope within the site. The individual is represented by 
cranial, long bone, and other postcranial fragments. The age and sex of 
this individual could not be determined. No known individuals were 
identified. A ``Pandora-like dart point'' was reported along with the 
human remains, but cannot be located within TARL's current collections. 
Based on the presence of the dart point associated with these human 
remains, this burial is estimated to date to the Middle to Late Archaic 
Period (approximately 4000 B.C. to 1350 A.D.).
    During the 1980s, human remains representing, at minimum, three 
individuals were excavated from various sites within Falcon Reservoir 
in Zapata County, TX. Information on the excavation of these human 
remains is lacking, and the skeletal remains associated with these 
individuals (TARL HO #4018A, #4018B, and #4018C) are fragmentary. The 
individuals are all estimated to be adults, but their sex cannot be 
determined. One individual (TARL HO #4018B) is 30+ years old at the 
time of death. No known individuals were identified. There are no 
associated funerary objects present, but a small bag of non-human 
faunal remains is included with the individuals.
    In 1995, human remains representing, at minimum, one individual 
were excavated from an unrecorded site in Zapata County, TX, during a 
low-water period at Falcon Reservoir. This individual (TARL HO #4019) 
is represented by only a few long bone fragments. The individual's age 
and sex cannot be determined. No known individuals were identified. No 
associated funerary objects are present.
    In 1995, human remains representing, at minimum, one individual 
were excavated from an unrecorded site within Falcon Reservoir in 
Zapata County, TX. No information on this excavation is available. The 
human remains (TARL HO #4020) consist only of a few cranial fragments. 
The individual is an adult 30+ years old at the time of death, but sex 
cannot be determined. No known individuals were identified. No 
associated funerary objects are present.
    In 1996, human remains representing, at minimum, one individual 
were recovered from an unrecorded site in Zapata County, TX. This 
individual (TARL HO #4021) is an adult female, possibly 50+ years old 
at the time of death. No known individuals were identified. No 
associated funerary objects are present.
    At an unknown date, human remains representing, at minimum, one 
individual were recovered from an unrecorded site ``several hundred 
meters north of . . . 41ZP86'' (in Zapata County, TX). While the human 
remains (TARL HO #4022) were located near a historic cemetery and 
41ZP86, they are likely not associated with either of the 
aforementioned sites. Although past analysis records indicate the 
individual is female, the individual is more likely a middle-adult 
male, approximately 35-50 years old at the time of death. No known 
individuals were identified. The 1996 osteological analysis notes that 
``stone artifacts'' were included with these remains, but no count or 
description was provided, and those artifacts cannot be located in 
TARL's collections. Therefore, no associated funerary objects are 
present.
    Due to the archeological context of the human remains described 
above, TARL has determined these human remains to be Native American.
    TARL consulted with the Comanche Nation, Oklahoma, the Kiowa Indian 
Tribe of Oklahoma, the Mescalero Apache Tribe of the Mescalero 
Reservation, New Mexico, and the Tonkawa Tribe of Indians of Oklahoma 
based on the Indian tribes' interest in human remains found in Zapata 
County. However, TARL was unable to determine the cultural affiliation 
of these human remains with any present-day Indian tribe.

Determinations Made by TARL

    Officials of TARL have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on their archeological 
context.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of 22 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 373 objects 
described in this notice 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.
     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.
     Treaties, Acts of Congress, or Executive Orders, indicate 
that the land from which the Native American human remains and 
associated funerary objects were removed is the aboriginal land of the 
Comanche Nation, Oklahoma, and the Kiowa Indian Tribe of Oklahoma.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains and associated funerary objects may be to the Comanche 
Nation, Oklahoma, and the Kiowa Indian Tribe of Oklahoma.

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 and associated 
funerary objects should submit a written request with information in 
support of the request to Marybeth Tomka, Texas Archeological Research 
Laboratory, 10100 Burnet Road, PRC Bldg. 5, Austin, TX 78758, telephone 
(512) 475-6853, email [email protected], by August 10, 
2016. After that date, if no additional requestors have come forward, 
transfer of control of the human remains and associated funerary 
objects to the Comanche Nation, Oklahoma, and the

[[Page 44896]]

Kiowa Indian Tribe of Oklahoma may proceed.
    TARL is responsible for notifying the Comanche Nation, Oklahoma, 
the Kiowa Indian Tribe of Oklahoma, the Mescalero Apache Tribe of the 
Mescalero Reservation, New Mexico, and the Tonkawa Tribe of Indians of 
Oklahoma that this notice has been published.

    Dated: June 29, 2016.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2016-16277 Filed 7-8-16; 8:45 am]
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