FR Doc 05-10797
[Federal Register: June 1, 2005 (Volume 70, Number 104)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Intent to Repatriate a Cultural Item: National Guard
Bureau, Texas Army National Guard (Texas Military Forces), Austin, TX
AGENCY: National Park Service, Interior.
SUMMARY: Pursuant to the Native American Graves Protection and
Repatriation Act (NAGPRA), the National Guard Bureau, Texas Military
Forces (TXMF, which is the state agency that, per 25 USC Sec. 3001(8),
has "control" of the cultural item) and the Texas Historical
Commission (the state agency that has guardianship of the cultural
item) determined that one unassociated funerary object in the
collections of the TXMF, described below in Information about cultural
items, is culturally affiliated with the Caddo Nation of Oklahoma. The
cultural item is in the physical custody of the Texas Archaeological
Research Laboratory at the University of Texas at Austin.
The National Park Service publishes this notice on behalf of the
TXMF as part of the National Park Service's administrative
responsibilities under NAGPRA. The TXMF is solely responsible for
information and determinations stated in this notice. The National Park
Service is not responsible for the TXMF's determinations.
Information about NAGPRA is available online at http://www.cr.nps.gov/nagpra
DATES: Repatriation of the cultural item to the Caddo Nation of
Oklahoma may proceed after July 1, 2005, if no additional claimants
come forward. Representatives of any other Indian tribe that believes
itself to be culturally affiliated with the cultural item should
contact the TXMF before July 1, 2005.
SUPPLEMENTARY INFORMATION: Authority. 25 U.S.C. 3001 et seq. and 43 CFR
Contact. Contact Lieutenant Colonel Patrick T. Dye, Environmental
Program Manager, Texas Military Forces, P.O. Box 5218 (JFTX-G4-EV),
Austin, TX 78763-5218, telephone (512) 782-6813, regarding
determinations stated in this notice or to claim the cultural item
described in this notice.
Consultation. TXMF officials and the University of Texas at San
Antonio archeologists identified the cultural item and assessed the
cultural affiliation of the cultural item at the request of the Caddo
Nation of Oklahoma, and in consultation with representatives of the
Caddo Nation of Oklahoma.
Information about cultural items. In 2000, archeologists with the
Center for Archaeological Research, University of Texas at San Antonio
removed one ceramic vessel during test excavations at site 41LR152, at
the TXMF's Camp Maxey facility in Lamar County, TX. The vessel was
collected from level seven of excavation unit two, 70 centimeters below
surface, and was in an upright position with no associated artifacts.
In the report Camp Maxey III Archaeological Testing of 23 Prehistoric
Sites, Lamar County, Texas (Mahoney et al 2001), the vessel is
described as a "fine grog-tempered plain jar, of undetermined type,
with a direct rim and a flat lip, and a flat base." Excavations around
the vessel did not indicate any subsurface disturbances that would
indicate a burial feature. However, an archeological consultant hired
by the TXMF suggested that due to the condition of the vessel, and its
depth and vertical orientation, the vessel may have been associated
with a burial. TXMF agreed with the consultant and the conclusion that
the vessel meets the definition of an "unassociated funerary object"
as defined at 25 U.S.C. 3001 (3)(B).The site from which the cultural
item was removed (Camp Maxey) is State and not Federal property.
During a meeting on April 10, 2003, the Caddo NAGPRA representative
requested information regarding the ceramic vessel that was removed
from site 41LR152 at the TXMF Camp Maxey facility, and which he
believed might meet the definition of an unassociated funerary
object.Intact ceramic vessels are typically encountered in association
with burials and are rarely discovered in other contexts. The
excavation report notes that, "the recovery of an intact
native ceramic vessel, with a terminal depth of 70cm bs, is a definite
anomaly" but concedes that depending upon how long ago the vessel was
deposited, "it is feasible to assume that the intrusive activity may
no longer be discernable in the stratigraphy" (Mahoney et al 2001).
The TXMF consultant suggested that the vessel may have been associated
with a human burial, but that conditions at the site were not conducive
to the preservation of human remains.
Radiocarbon dates and the absence of stratigraphic evidence for a
pit indicate that the vessel is associated with the Woodland period.
The archeological record in northeast Texas provides evidence for
cultural continuity between the Woodland period and subsequent Caddo
periods. Williams Plain pottery, which first appeared during the
Woodland period, has been discovered in association with later Caddoan
pottery; and in the Red River Basin, the production of Williams Plain
pottery appears to have continued until the end of the Middle Caddoan
period, circa A.D. 1300. This shared ceramic tradition suggests
cultural continuity between the Woodland period inhabitants of the Red
River Basin and later Caddo occupants of the basin.
Determination. Under 25 U.S.C. 3005, TXMF officials determined that
the one ceramic vessel described above is 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 and is believed, by a
preponderance of the evidence, to have been removed from a specific
burial site of a Native American individual.
TXMF officials determined that the unassociated funerary object is
culturally affiliated with the Caddo Nation of Oklahoma.
Notification. The TXMF is responsible for sending a copy of this
notice to the Caddo Nation of Oklahoma.
Dated: May 20, 2005.
Deputy Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 05-10797 Filed 5-31-05; 8:45 am]
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