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###### Department of the Interior

###### National Park Service

          - [NPS-WASO-NAGPRA-NPS0037090; PPWOCRADN0-PCU00RP14.R50000]

# AGENCY:

National Park Service, Interior.

# ACTION:

Notice.

# SUMMARY:

In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), San Jose State University (SJSU) has completed an inventory of human remains and associated funerary objects and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any federally recognized Indian Tribe. The human remains and associated funerary objects were removed from the Ryan Mound (CA-ALA-329) of Newark/Fremont, Alameda County, CA.

# DATES:

Disposition of the human remains and associated funerary objects in this notice may occur on or after January 18, 2024.

# ADDRESSES:

                        Charlotte Sunseri, Ph.D., San Jose State University, One Washington Square, San Jose, CA 95192-0113, telephone (408) 924-5713, email                         *charlotte.sunseri@sjsu.edu.*

# SUPPLEMENTARY INFORMATION:

This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of San Jose State University. The National Park Service is not responsible for the determinations in this notice. Additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records held by San Jose State University.

## Description

Human remains representing, at minimum, 377 individuals were removed from Alameda County, CA. The Ryan Mound collection was excavated by a team from San Jose State University from 1962-1968. The excavations recovered materials from three distinct strata, all of which contained burials and cultural remains. The CA-ALA-329 collection was split between SJSU and Stanford University in 1962; Stanford repatriated their holdings in 1989 to Muwekma Ohlone Tribe of the San Francisco Bay Area. The collection at SJSU was transferred in January 2004 from the Biological Sciences Department to Anthropology Department and was covered in a culturally unidentifiable Native American inventory in 2006. The 102 boxes of associated funerary objects include groundstone (mortars, pestles), other artifacts (charmstones, lithics and tools, beads, pendants), faunal remains and shell, charcoal, or soil samples.

## Aboriginal Land

The human remains and associated funerary objects in this notice were removed from known geographic locations. These locations are the aboriginal lands of one or more Federally recognized Indian Tribes. These locations are also the aboriginal lands of the Ohlone/Costanoan Tribes recognized by the State. The following information was used to identify the aboriginal land: California Native American Heritage Commission Native American Contact List for implementing AB275 (dated: 6/22/2021), Unratified Treaty E “Treaty at Dent's and Valentine's Crossing (May 28, 1851)” (Heizer 1972).

## Determinations

                    Pursuant to NAGPRA and its implementing regulations, and after consultation with the appropriate                           ( print page 87812)                        Indian Tribes, San Jose State University has determined that:                
    - The human remains described in this notice represent the physical remains of 377 individuals of Native American ancestry.
    - The 102 boxes of 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.
    - No relationship of shared group identity can be reasonably traced between the human remains and associated funerary objects and any Federally recognized Indian Tribe.
    - The human remains and associated funerary objects described in this notice were removed from the aboriginal land of the Wilton Rancheria, California.

## Requests for Disposition

                    Written requests for disposition of the human remains and associated funerary objects in this notice must be sent to the Responsible Official identified in                     **ADDRESSES**                    . Requests for disposition may be submitted by:                

1. Any one or more of the Indian Tribes identified in this notice.

2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization, or who shows that the requestor is an aboriginal land Indian Tribe.

Disposition of the human remains and associated funerary objects described in this notice to a requestor may occur on or after January 18, 2024. If competing requests for disposition are received, San Jose State University must determine the most appropriate requestor prior to disposition. Requests for joint disposition of the human remains and associated funerary objects are considered a single request and not competing requests. San Jose State University is responsible for sending a copy of this notice to the Indian Tribes identified in this notice.

*Authority:*                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.9 and § 10.11.                

Dated: December 8, 2023.

Melanie O'Brien,

Manager, National NAGPRA Program. 

[FR Doc. 2023-27796 Filed 12-18-23; 8:45 am]

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