Res 2016-119/approving a program for the use of a portion of Spring Lake Park for repatriation (re-burial) of certain Native American remains and artifacts; approving a memorandum of agreement between the City and the Indigenous Cultures institute for su

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program and the San Marcos City Council approved the program and this Agreement by Resolution No. 2016 -11 %n the6th day of September, 2016. Section 1.04. The United States Department of the Interior - Fish and Wildlife Service reviewed and approved the proposed use of the portion of the Park designated herein for repatriation purposes as having no impact on the quantity or quality of habitat golden- cheeked warbler in a letter dated January 13, 2016 issued under Project No. 02ETAU00- 2016 -TA -0132. ARTICLE 2. DEFINITIONS Section 2.01. "Artifacts" means items discovered with Remains at burial sites within Hays County. Section 2.02. "Band" " means the Miakan -Garza Band of the Coahuiltecan people as the lineal descendants of the earliest inhabitants of the area now known as Spring Lake or Sacred Springs in San Marcos, Texas. Section 2.03. "Retnains" means only human remains older than the year 1716, discovered in Hays County, Texas, and determined to be Native American remains by skeletal analysis performed by a physical anthropologist or by DNA analysis. Only Remains that have been released to the Miakan -Garza Band by the U.S. Department of the Interior pursuant to NAGPRA or provided to the Band by a federally- recognized Indian tribe shall be eligible for repatriation at the Site with the Institute acting as intermediary for the repatriation arrangements. Section 2.04. "Repatriation " means the re- burial of Remains and Artifacts, ceremonies conducted by the Institute and the Band at the time of re- burial, and the on -going maintenance of the Site as a location for the burial of Remains.