[Federal Register: September 12, 2002 (Volume 67, Number 177)]
[Notices]               
[Page 57844-57845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se02-105]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Inventory Completion for Native American Human Remains 
and Associated Funerary Objects in the Possession of the Texas 
Department of Transportation, Austin, TX

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is hereby given in accordance with provisions of the Native 
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9, 
of the completion of an inventory of human remains and associated 
funerary objects

[[Page 57845]]

in the possession of the Texas Department of Transportation (TxDOT), 
Austin, TX.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA and 43 CFR 10.2 (c). The 
determinations within this notice are the sole responsibility of the 
museum, institution, or Federal agency that has control of these Native 
American human remains and associated funerary objects. The National 
Park Service is not responsible for the determinations within this 
notice.
    A detailed assessment of the human remains was made by the 
professional staff of TxDOT, Center for Archeological Research of 
University of Texas at San Antonio, and University of Tennessee, in 
consultation with representatives of the Mescalaro Apache Tribe of the 
Mescalaro Reservation, New Mexico and Tonkawa Tribe of Indians of 
Oklahoma. Information regarding these human remains and associated 
funerary objects was provided to the Alabama-Coushatta Tribes of Texas; 
Apache Tribe of Oklahoma; Caddo Indian Tribe of Oklahoma; Comanche 
Indian Tribe, Oklahoma; Fort Sill Apache Tribe of Oklahoma; Kickapoo 
Traditional Tribe of Texas; Kiowa Indian Tribe of Oklahoma; and Wichita 
and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma. 
TxDOT also consulted with representatives of the County of Refugio, TX; 
Catholic Diocese of Corpus Cristi, TX; Refugio County Historical 
Commission, and other parties interested in the non-Native American 
remains that were removed from this cemetery.
    In 1999, human remains representing a minimum of 177 individuals 
were recovered from the cemetery of the late Spanish colonial Mission 
Nuestra Senora del Refugio (site 41RF1) in Refugio County, TX. No known 
individuals were identified. Osteological analysis of the human remains 
identified 32 individuals of Native American descent and 39 individuals 
of possible Native American descent. The remains of 106 individuals are 
of Hispanic, other European, or indeterminate ancestry. The 102 
funerary objects found associated with the 71 Native American human 
remains are 1 Christian medallion, 1 metal crucifix, 53 beads (wooden, 
glass, and bone), 8 buttons (metal and bone), 3 pendants (shell and 
animal tooth), 1 worked shell, 1 marine shell, 1 metal arrow point, 1 
copper or brass bell, 1 metal ring, 3 chunks of mica, 2 pieces of red 
pigment (ochre), 17 nails, and 9 unidentified metal objects.
    Mission Nuestra Senora del Refugio was built around 1795 for use by 
the Karankawa Indians. The mission was closed around 1830.
    Burial records for the mission are incomplete, but list 122 
individuals buried in the mission cemetery. Fifty of the individuals 
listed in the burial records are identified as Native American, with 
the majority being Karankawa or one of their constituent bands (Copan, 
Cujan, etc.). Other individuals are identified as Lipan Apache, 
Malaquiit, Pajalache, Pamoque, Pihuique, and Toboso. The remaining 
individuals listed in the burial records are identified as being of 
Hispanic descent. Other church records indicate that the mission was 
also used by the Iaraname.
    Archeological evidence in the cemetery suggested that seven of the 
individuals were interred in coffins. The remaining individuals were 
recovered from 38 irregular burial pits excavated into the clay 
substrate beneath the church floor. Twenty-nine of the burial pits 
contained multiple interments. Ethnicity within the multiple burial 
pits was mixed among Native American and non-Native interments. Of 
those human remains determined to be Native American, a number are 
concluded to be Karankawa due to the robust nature of their skeletal 
remains and their estimated height. Karankawa were frequently described 
in historic documents as tall and muscular. With few exceptions, no 
personal goods were found with the burials. Artifacts with Native 
American burials included both European (metal cross, metal buttons, 
cloth with brass or copper sequins, glass beads, etc.) and non-European 
(red ocher, metal arrow points, shell pendant, worked shells, animal 
tooth pendant, etc.) materials.
    The Karankawa, Malaquiit, Pamoque, Pihuique, Pajalache, and Toboso 
relocated to Mexico in the 1850s. However, historical records indicate 
that there was considerable social and economic interaction between the 
Karankawa and the Tonkawa, including some intermarriage. The Lipan 
Apache were relocated to the Mescalero Apache reservation in the early 
1900s where they remain today. Many of the Iaraname moved northward in 
the 19th century to live with the Tawakonie, now a constituent group of 
the Witchita. However, there is no evidence that any Iaraname were 
buried in the mission cemetery.
    Based on the above-mentioned information, officials of TxDOT have 
determined that, pursuant to 43 CFR 10.2 (d)(1), the human remains 
listed above represent the physical remains of 71 individuals of Native 
American ancestry. Officials of TxDOT also have determined that, 
pursuant to 43 CFR 10.2 (d)(2), the 102 objects listed above 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. Lastly, officials of TxDOT have determined pursuant to 43 CFR 
10.2 (e), there is a relationship of shared group identity that can be 
reasonably traced between these Native American human remains and 
associated funerary objects and the Mescalaro Apache Tribe of the 
Mescalaro Reservation, New Mexico and Tonkawa Tribe of Indians of 
Oklahoma.
    This notice has been sent to officials of the Apache Tribe of 
Oklahoma; Alabama-Coushatta Tribes of Texas; Caddo Indian Tribe of 
Oklahoma; Comanche Indian Tribe, Oklahoma; Fort Sill Apache Tribe of 
Oklahoma; Kickapoo Traditional Tribe of Texas; Kiowa Indian Tribe of 
Oklahoma; Mescalaro Apache Tribe of the Mescalaro Reservation, New 
Mexico; Tonkawa Tribe of Indians of Oklahoma; and Wichita and 
Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma. 
Representatives of any other Indian tribe that believes itself to be 
culturally affiliated with these human remains should contact Nancy A. 
Kenmotsu, Supervisor of the Archeological Studies Program, Texas 
Department of Transportation, 125 E. 11th Street, Austin, TX 78701-
2483, telephone (512) 416-2631, before October 15, 2002. Repatriation 
of these human remains and associated funerary objects to the Mescalaro 
Apache Tribe of the Mescalaro Reservation, New Mexico, and Tonkawa 
Tribe of Indians of Oklahoma may begin after that date if no additional 
claimants come forward.

    Dated: July 9, 2002.
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-23129 Filed 9-11-02; 8:45 am]
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