[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Notices]
[Pages 5852-5853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2111]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion for Native American Human Remains 
and Associated Funerary Objects in the Possession of the University of 
Denver Department of Anthropology and Museum of Anthropology, Denver, 
CO, and in the Control of the U.S. Department of the Interior, Bureau 
of Indian Affairs, Washington, DC; Correction

AGENCY: National Park Service, Interior.

ACTION: Notice; correction.

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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 control of the U.S. Department of the Interior, Bureau 
of Indian Affairs, Washington, DC, and in the possession of the 
University of Denver Department of Anthropology and Museum of 
Anthropology, Denver, CO. The human remains were removed from Navajo 
County, AZ and San Juan County, NM.
    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 human 
remains. The National Park Service is not responsible for the 
determinations in this notice.
    This notice corrects the Notice of Inventory Completion published 
in the Federal Register (67 FR 9002-9003, February 27, 2002) because 
officials of the University of Denver Department of Anthropology and 
Museum of Anthropology have determined that the cultural affiliation 
conclusions for the human remains referenced in the notice are 
incorrect, as defined at 25 U.S.C. 3001 (2). After further 
consideration of the evidence, museum officials have determined that 
the human remains (DU 6014 and DU 6056) removed from Shiprock, San Juan 
County, NM, are of Native American ancestry, but that, pursuant to 25 
U.S.C. 3001 (2), there is not sufficient available evidence that can 
lead to a reasonable assignment of a shared group relationship with any 
present-day Indian tribe. Furthermore, the human remains (DU 6000) 
removed from Marsh Pass, Navajo County, AZ, have a cultural affiliation 
that can be narrowed specifically to the Navajo Nation, Arizona, New 
Mexico & Utah.
    The February 27, 2002 notice, pursuant to 43 C.F.R. 10.2 (e), 
identified a relationship of shared group identity that could be 
reasonably traced between the Native American human remains removed 
from both sites to the Hopi Tribe of Arizona; Navajo Nation, Arizona, 
New Mexico & Utah; Pueblo of Acoma, New Mexico; Pueblo of Cochiti, New 
Mexico; Pueblo of Isleta, New Mexico; Pueblo of Jemez, New Mexico; 
Pueblo of Laguna, New Mexico; Pueblo of Nambe, New Mexico; Pueblo of 
Picuris, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of San 
Felipe, New Mexico; Pueblo of San Ildefonso, New Mexico; Pueblo of San 
Juan, New Mexico; Pueblo of Sandia, New Mexico; Pueblo of Santa Ana, 
New Mexico; Pueblo of Santa Clara, New Mexico; Pueblo of Santo Domingo, 
New Mexico; Pueblo of Taos, New Mexico; Pueblo of Tesuque, New Mexico; 
Pueblo of Zia, New Mexico; Ysleta Del Sur Pueblo of Texas; and Zuni 
Tribe of the Zuni Reservation, New Mexico. Since February 27, 2002, 
museum officials contracted a research archeologist and conducted 
additional consultations with representatives of the Hopi Tribe of 
Arizona; Navajo Nation, Arizona, New Mexico & Utah; Okhay Owingeh, New 
Mexico (formerly the Pueblo of San Juan); Pueblo of Acoma, New Mexico; 
Pueblo of Cochiti, New Mexico; Pueblo of Isleta, New Mexico; Pueblo of 
Jemez, New Mexico; Pueblo of Laguna, New Mexico; Pueblo of Nambe, New 
Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of Sandia, New Mexico; 
Pueblo of Santa Ana, New Mexico; Pueblo of Santa Clara, New Mexico; 
Pueblo of Taos, New Mexico; Pueblo of Tesuque, New Mexico; Pueblo of 
Zia, New Mexico; and Zuni Tribe of the Zuni Reservation, New Mexico. 
The museum also sent reports and solicited feedback via telephone and 
correspondence with representatives from the Colorado River Indian 
Tribes of the Colorado River Indian Reservation, Arizona and 
California; Pueblo of Picuris, New Mexico; Pueblo of San Felipe, New 
Mexico; Pueblo of San Ildefonso, New Mexico; Pueblo of Santo Domingo, 
New Mexico; and Ysleta del Sur Pueblo of Texas.
    The human remains (catalog numbers DU 6014 and DU 6056) were 
removed from Shiprock, San Juan County, NM, possibly by Dr. E.B. 
Renaud, founder of the University of Denver Department of Anthropology. 
These two sets of remains have been interpreted by a physical 
anthropologist as being the remains of one individual, based on the 
similar coloring and size of the bones as well as their provenience. 
Renaud noted that the skull is probably male-an adult about 40 years of 
age-and shows evidence of cradleboarding. While officials at the 
University of Denver Department of Anthropology and Museum of 
Anthropology recognize that scholars have historically attributed the 
activity of cradleboarding to the Pueblo Tribes, Pueblo consultants 
cited other examples of people who used cradleboards. In addition, 
Shiprock, NM is an area that was visited and inhabited by a number of 
tribes over time. In the absence of specific archeological dates or 
material culture, tribal representatives did not accept the 
determination that cranial flattening was specifically a Puebloan 
cultural practice.
    Without further information regarding archeological context, dating 
or material culture, museum officials have determined that the evidence 
surrounding the human remains (DU 6014 and DU 6056) did not provide 
enough data to assign cultural affiliation. However, the human remains 
(DU 6000) removed from Navajo County, AZ, have a cultural affiliation 
that can be narrowed specifically to the Navajo Nation. This conclusion 
was supported by tribal information and expert opinion.
    Therefore, based on expert opinion, additional research, and tribal 
information, the changes to cultural affiliation in the Federal 
Register notice of February 27, 2002, is corrected by

[[Page 5853]]

deleting paragraphs 6 to 8, and replacing paragraphs 4, 5, 9 and 10 
with the following paragraphs:
    In 1953, human remains representing a minimum of one individual 
(catalog number DU 6000) were removed from Marsh Pass, Navajo County, 
AZ, by Arnold Withers, a University of Denver Department of 
Anthropology faculty member, who donated the remains to the University 
of Denver Museum of Anthropology that same year. No field notes exist 
for these remains. No known individual was identified. No associated 
funerary objects are present.
    Marsh Pass is on the Navajo Reservation. The human remains were 
found in a deserted hogan. According to the scientific literature, 
hogans are a Navajo form of habitation, and under certain circumstances 
are also traditional Navajo burial places. Tribal information also 
largely supports a Navajo affiliation. The preponderance of the 
evidence, including archeology, architecture, oral traditions, and 
expert opinion, indicates that a relationship of shared group identity 
can be reasonably traced between the human remains and the Navajo 
Nation, Arizona, New Mexico & Utah.
    Officials of the Bureau of Indian Affairs and University of Denver 
Department of Anthropology and Museum of Anthropology have determined 
that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described 
above represent the physical remains of a minimum of one individual of 
Native American ancestry. Officials of the Bureau of Indian Affairs and 
University of Denver Department of Anthropology and Museum of 
Anthropology have also determined that, based on the preponderance of 
the evidence, pursuant to 25 U.S.C. 3001 (2), a relationship of shared 
group identity can be reasonably traced between the Native American 
human remains and the Navajo Nation, Arizona, New Mexico & Utah.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains should contact Dr. 
Christina Kreps, University of Denver Museum of Anthropology, Sturm 
146, Denver, CO 80208, telephone (303) 871-2688, before March 4, 2009. 
Repatriation of the human remains to the Navajo Nation, Arizona, New 
Mexico & Utah may proceed after that date if no additional claimants 
come forward.
    The University of Denver Museum of Anthropology is responsible for 
notifying the Bureau of Indian Affairs; Colorado River Indian Tribes of 
the Colorado River Indian Reservation, Arizona and California; Hopi 
Tribe of Arizona; Navajo Nation, Arizona, New Mexico & Utah; Okhay 
Owingeh, New Mexico; Pueblo of Acoma, New Mexico; Pueblo of Cochiti, 
New Mexico; Pueblo of Isleta, New Mexico; Pueblo of Jemez, New Mexico; 
Pueblo of Laguna, New Mexico; Pueblo of Nambe, New Mexico; Pueblo of 
Picuris, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of San 
Felipe, New Mexico; Pueblo of San Ildefonso, New Mexico; Pueblo of 
Sandia, New Mexico; Pueblo of Santa Ana, New Mexico; Pueblo of Santa 
Clara, New Mexico; Pueblo of Santo Domingo, New Mexico; Pueblo of Taos, 
New Mexico; Pueblo of Tesuque, New Mexico; Pueblo of Zia, New Mexico; 
Ysleta Del Sur Pueblo of Texas; and Zuni Tribe of the Zuni Reservation, 
New Mexico that this notice has been published.

    Dated: January 5, 2009
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-2111 Filed 1-30-09; 8:45 am]
BILLING CODE 4312-50-S