[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47272-47273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22217]



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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion: Texas Department of 
Transportation, Austin, TX

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    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 in the possession of the Texas Department of Transportation, 
Austin, TX. The human remains and associated funerary objects were 
removed from Anderson 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.
    A detailed assessment of the human remains was made by the 
professional archeological staff of the Texas Department of 
Transportation, Coastal Environments, Inc., Archeological & 
Environmental Consultants, LLC, and A.M. Wilson Associates, Inc., in 
initial consultation with representatives from the Caddo Nation of 
Oklahoma; Cherokee Nation, Oklahoma; Choctaw Nation of Oklahoma; 
Delaware Nation, Oklahoma; Kialegee Tribal Town, Oklahoma; Kickapoo 
Tribe of Indians of the Kickapoo Reservation in Kansas; Kickapoo Tribe 
of Oklahoma; Kickapoo Traditional Tribe of Texas; Kiowa Indian Tribe of 
Oklahoma; Mescalero Apache Tribe of the Mescalero Reservation, New 
Mexico; Pokagon Band of Potawatomi Indians of Michigan and Indiana; 
Quapaw Tribe of Indians, Oklahoma; Thlopthlocco Tribal Town, Oklahoma; 
United Keetoowah Band of Cherokee Indians in Oklahoma; and Wichita and 
Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma.
    In 2004, human remains representing a minimum of one individual 
were removed from the Lang Pasture site, 41AN38, in Anderson County, 
TX. No known individual was identified. The eight associated funerary 
objects are one elbow pipe, two carinated bowls, one Poynor Engraved 
carinated bowl, one red-slipped carinated bowl, one plain bowl with 
scalloped lip, one Maydelle Incised jar, and one bottle.
    In 2006, human remains representing a minimum of eight individuals 
were removed from the Lang Pasture Site, 41AN38, in Anderson County, 
TX. One of the features excavated during this time contained no human 
remains. However, based on the preponderance of the evidence, officials 
of the Texas Department of Transportation reasonably believe the 
artifacts recovered from the feature are associated funerary objects. 
No known individuals were identified. The 27 associated funerary 
objects from these burials are 1 elbow pipe, 2 Poynor Engraved 
carinated bowls, 2 Poynor Engraved compound bowls, 2 Poynor Plain 
globular carinated bowls, 1 Poynor Engraved bowl, 1 Maydelle Incised 
jar, 1 Killough Pinched bowl, 7 plain bowls, 4 carinated bowls, 1 plain 
bowl with scalloped lip, 1 bottle, 1 engraved-rocker-stamped seed jar 
or neckless bottle, 1 compound vessel or wide-mouthed bottle with 
suspension holes, 1 untyped arrow point tip, and 1 ground stone tool.
    In 1983, Texas Department of Transportation archeologists recorded 
site 41AN38, the Lang Pasture site, during shovel testing in State 
Highway (SH) 155 right of way prior to a proposed transportation 
project planned to expand the highway from two to four lanes. It was 
determined that the highway project would destroy the portion of site 
41AN38 located within the right of way.
    In 2003, Hicks & Company completed a more comprehensive 
archeological survey. Cultural materials (e.g., Caddo ceramic sherds, 
lithic debris, a possible post hole feature with flecks of charcoal) 
recovered during the Hicks investigations led to a recommendation for 
National Register of Historic Places eligibility testing. In January 
and February 2004, Coastal Environments, Inc., conducted eligibility 
testing excavations, as the Texas Department of Transportation had 
determined that preservation in place was not a feasible option for 
that portion of site 41AN38 within the right of way. The site was 
determined eligible for listing in the National Register, and data 
recovery excavations were designed to mitigate the effects of 
construction on the site.
    In consultation with the Caddo Nation of Oklahoma, it was 
determined that the portion of the Caddo cemetery within the right of 
way of SH 155 was to be excavated. The data recovery excavations were 
conducted in 2006 by Coastal Environments, Inc., and Archeological & 
Environmental Consultants, LLC, and additional human remains were 
removed from the site.
    Preliminary assessment based on analysis of the ceramic types 
represented in the recovered burial assemblages, radiocarbon dates 
derived from six of the burials, and the placement of funerary 
offerings with the skeletal remains, indicate that the cemetery was 
used by Caddo groups during time periods ranging from the Formative 
Caddoan (A.D. 800-1000) through the Late Caddoan (A.D. 1400-1680). The 
Texas Department of Transportation has determined that based upon the 
burials and associated funerary assemblages, that the Lang Pasture 
site, 41AN38, was occupied by a Caddo group. Descendants of the Caddo 
are members of the Caddo Nation of Oklahoma.
    Officials of the Texas Department of Transportation have determined 
that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described 
above represent the physical remains of nine individuals of Native 
American ancestry. Officials of the Texas Department of Transportation 
also have determined that, pursuant to 25 U.S.C. 3001 (3) (A), the 35 
objects described 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 the Texas 
Department of Transportation have determined, pursuant to 25 U.S.C. 
3001 (2), there is a relationship of shared group identity that can be 
reasonably traced between the Native American human remains and 
associated funerary objects and the Caddo Nation of Oklahoma.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains and associated funerary 
objects should contact Scott Pletka, Ph.D., Supervisor, Archeological 
Studies Program, Texas Department of Transportation, 125 E. 11th St., 
Austin, TX 78701-2483, telephone (512) 416-2631, before October 15, 
2009. Repatriation of the human remains and associated funerary objects 
to the Caddo Nation of Oklahoma may proceed after that date if no 
additional claimants come forward.
    The Texas Department of Transportation is responsible for notifying 
the Caddo Nation of Oklahoma; Cherokee Nation, Oklahoma; Choctaw Nation 
of Oklahoma; Delaware Nation, Oklahoma; Kialegee Tribal Town, Oklahoma; 
Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas; 
Kickapoo Tribe of Oklahoma; Kickapoo Traditional Tribe of Texas; Kiowa 
Indian Tribe of Oklahoma;

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Mescalero Apache Tribe of the Mescalero Reservation, New Mexico; 
Pokagon Band of Potawatomi Indians of Michigan and Indiana; Quapaw 
Tribe of Indians, Oklahoma; Thlopthlocco Tribal Town, Oklahoma; United 
Keetoowah Band of Cherokee Indians in Oklahoma; and Wichita and 
Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma that 
this notice has been published.

    Dated: August 14, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-22217 Filed 9-14-09; 8:45 am]
BILLING CODE 4312-50-S