[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3802-3804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00508]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0022630]; [PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: International Boundary and Water 
Commission, U.S. Section, El Paso, TX, and the Texas Archeological 
Research Laboratory, Austin, TX

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The International Boundary & Water Commission, U.S. Section, 
and the Texas Archeological Research Laboratory (TARL) have completed 
an inventory of human remains and associated funerary objects, in 
consultation with the appropriate Indian tribes or Native Hawaiian 
organizations, and have determined that there is no cultural 
affiliation between the human remains and associated 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 the Texas Archeological Research Laboratory (TARL) 
and the International Boundary & Water Commission. If no additional 
requestors come forward, transfer of control of the human remains and 
associated funerary objects to the lineal descendants, Indian tribes, 
or Native Hawaiian organizations 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 the Texas Archeological Research Laboratory (TARL) and 
the International Boundary & Water Commission at the address in this 
notice by February 13, 2017.

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]; and Mark Howe, Cultural Resources 
Specialist, International Boundary and Water Commission--U.S. Section, 
4171 North Mesa, Suite C-100, El Paso, TX 79902, telephone (915) 832-
4767, 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 the International 
Boundary and Water Commission--U.S. Section, and in the possession of 
the Texas Archaeological Research Laboratory. 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

[[Page 3803]]

the Late Middle Archaic Period (approximately 1000 B.C.).
    In the 1983, 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 1983, 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 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.).
    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.
    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, on behalf of the International Boundary and Water Commission, 
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 International Boundary and Water Commission

    Officials of International Boundary and Water Commission 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 16 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 358 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.

[[Page 3804]]

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, Head of Collections, Texas 
Archaeological Research Laboratory, 10100 Burnet Road, PRC Building 5, 
Austin, TX 78758, telephone (512) 475-6853, email 
[email protected]; and Mark Howe, Cultural Resources 
Specialist, International Boundary and Water Commission--U.S. Section, 
4171 North Mesa, Suite C-100, El Paso, TX 79902, telephone (915) 832-
4767, email [email protected], by February 13, 2017. 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 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: December 21, 2016.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-00508 Filed 1-11-17; 8:45 am]
 BILLING CODE 4312-52-P