Laserfiche WebLink
MEMORANDUM OF UNDERSTANDING REGARDING THE USE OF SPRING LAKE <br />PARK FOR REPATRIATION OF NATIVE AMERICAN REMAINS <br />This Memorandum of Understanding ( "Agreement ") is made and entered into on this 6th <br />day of September , 2016 between the City of San Marcos, Texas ( "City "), a home rule <br />municipal corporation, and the Indigenous Cultures Institute ( "Institute "), a Texas non - profit <br />corporation, pertaining to the use of the Spring Lake Park in San Marcos, Texas for the repatriation <br />(re- burial) of Native American remains. <br />ARTICLE 1. RECITALS <br />Section 1.01. City is the owner of a 250.7 acre tract of land known as Spring Lake Park (the "Park ") <br />in San Marcos, Texas that has been dedicated and used as a park and refuge for wildlife including golden- <br />checked warblers since it was acquired from The Nature Conservancy by special warranty deed on July 31, <br />_111 <br />Section 1.02. Institute, acting on behalf of the Miakan -Garza Band of the Coahuiltecan people, has <br />requested permission to use a portion of the Park for the purpose of providing a site for the repatriation (re- <br />burial) of the remains of Native American people that have been released to the Miakan -Garza Band by <br />the Secretary of the Interior of the United States pursuant to the Native American Graves Protection and <br />Repatriation Act, 25 U.S.C. 3006(c)(5) ( "NAGPRA ") and the regulations promulgated thereto (43 C.F.R. <br />10.16) or provided to the Institute by a federally- recognized Indian tribe. <br />Section 1.03. City and Institute have negotiated this Agreement to define the terms and conditions <br />of a program for the use of a designated portion of the Park for repatriation purposes. City published notice <br />and conducted a public hearing pursuant to Chapter 26 of the Texas Parks & Wildlife Code regarding the <br />