[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11573-11575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4531]


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DEPARTMENT OF THE INTERIOR

National Park Service

[2253-665]


Notice of Inventory Completion: History Colorado, Denver, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: History Colorado (formerly the Colorado Historical Society) 
has completed an inventory of human remains, in consultation with the 
appropriate Indian tribes, and has determined that there is 
insufficient evidence to reasonably establish cultural affiliation 
between the human remains and present-day Indian tribes. 
Representatives of any Indian tribe that believes itself to be 
culturally affiliated with the human remains may contact History 
Colorado. Disposition of the human remains to the Indian tribes stated 
below may occur if no additional claimants come forward.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the human remains should contact History 
Colorado at the address below by March 28, 2012.

ADDRESSES: Sheila Goff, NAGPRA Liaison, History Colorado, 1200 
Broadway, Denver, CO 80203, telephone (303) 866-4531.

SUPPLEMENTARY INFORMATION: 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 under 
control of History Colorado, Denver, CO. The exact locations from which 
the human remains were recovered are unknown; they were received 
through police seizures or private citizens in Arapaho, Boulder, Delta, 
Dolores, Jefferson, and Larimer Counties, CO.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). 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. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    In 2010 and 2011, a detailed assessment of the human remains was 
made by History Colorado professional staff in consultation with 
representatives of the Arapahoe Tribe of the Wind River Reservation, 
Wyoming; Cheyenne and Arapaho Tribes, Oklahoma (formerly the Cheyenne-
Arapaho Tribes of Oklahoma); Fort Sill Apache Tribe of Oklahoma; Hopi 
Tribe of Arizona; Jicarilla Apache Nation, New Mexico; Mescalero Apache 
Tribe of the Mescalero Reservation, New Mexico; Navajo Nation, Arizona, 
New Mexico, & Utah; Ohkay 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 San Ildefonso, New Mexico; Pueblo of Santa Ana, 
New Mexico; Pueblo of Santa Clara, New Mexico; Pueblo of Tesuque, New 
Mexico; Southern Ute Indian Tribe of the Southern Ute Indian 
Reservation, Colorado; Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico & Utah; Ysleta Del Sur Pueblo of 
Texas; and the Zuni Tribe of the Zuni Reservation, New Mexico. The 
following tribes were invited to consult, but did not send 
representatives: Kewa Pueblo, New Mexico (formerly the Pueblo of Santo 
Domingo); Pueblo of Picuris, New Mexico; Pueblo of San Felipe, New 
Mexico; Pueblo of Sandia, New Mexico; Pueblo of Taos, New Mexico; and 
the Pueblo of Zia, New Mexico.
    For one case, identified as Office of Archaeology and Historic 
Preservation (OAHP) Case Number 103, additional tribes were contacted 
during previous consultation in 2001 and 2006: Comanche Nation, 
Oklahoma; Kiowa Indian Tribe of Oklahoma; Northern Cheyenne Tribe of 
the Northern Cheyenne Reservation, Montana; Oglala Sioux Tribe of the 
Pine Ridge Reservation, South Dakota; Pawnee

[[Page 11574]]

Nation of Oklahoma; Rosebud Sioux Tribe of the Rosebud Indian 
Reservation, South Dakota; Three Affiliated Tribes of the Fort Berthold 
Reservation, North Dakota; and the Ute Indian Tribe of the Uintah & 
Ouray Reservation, Utah. The following tribes were invited to consult, 
but did not send representatives: Apache Tribe of Oklahoma; Shoshone 
Tribe of the Wind River Reservation, Wyoming; and the Wichita and 
Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma.

History and Description of the Remains

    In 1994, human remains representing, at minimum, one individual 
were seized by the Wheat Ridge Police Department during a drug raid in 
Jefferson County, CO. The origin of the remains is unknown. The remains 
were turned over to the Jefferson County Coroner, who identified them 
as Native American. In February 1995, they were transferred to History 
Colorado. The remains are identified as OAHP Case Number 103. 
Additional osteological analysis disclosed cranial modification. No 
known individuals were identified. No associated funerary objects are 
present.
    The remains were first reported in a Notice of Inventory Completion 
in the Federal Register (66 FR 10906-10909, Tuesday, February 20, 2001) 
and jointly affiliated with twelve Plains Tribes. Additional research 
changed the affiliation to culturally unidentifiable and this was 
reported in a Notice of Inventory Completion Correction in the Federal 
Register (76 FR 58037-58038, Monday, September 19, 2011).
    At an unknown date prior to 2002, human remains representing, at 
minimum, three individuals were taken from Colorado State University in 
Larimer County, CO. The exact origins of these individuals are not 
known. The human remains were claimed as private property by the widow 
of Dr. Michael Charney, a former professor at the University, who died 
in 1998. The human remains were subsequently taken into custody by the 
Larimer County Sheriff's Office. Following litigation, in 2006, the 
human remains, which were initially identified as Native American, were 
transferred to History Colorado by court order to be repatriated in 
accordance with Colorado state burial law and NAGPRA. They are 
identified as OAHP Case Number 200. Subsequent osteological analysis by 
History Colorado determined that they exhibit cranial modification and 
are of Native American ancestry. No known individuals were identified. 
No associated funerary objects are present.
    In May 2005, human remains representing, at minimum, two 
individuals were transferred to History Colorado by the Dolores County, 
CO, Sheriff's office. They are identified as OAHP Case Number 225. The 
remains had been stored in an evidence locker for at least five years. 
The exact origin of these individuals is not known. Osteological 
analysis arranged by the sheriff indicated that the remains exhibit 
cranial modification and are of Native American ancestry. Estimated 
antiquity is A.D. 700-1300. No known individuals were identified. No 
associated funerary objects are present.
    In January 2006, human remains representing, at minimum, one 
individual were transferred to History Colorado by the Delta County 
Coroner's office. They are identified as OAHP Case Number 235. The 
remains had reportedly been in the possession of a Delta County family 
for years and allegedly were discovered when another family member was 
plowing his field in Cortez, CO. Osteological examination determined 
that the remains exhibit cranial modification and are of Native 
American ancestry. No known individuals were identified. No associated 
funerary objects are present.
    In February 2007, human remains representing, at minimum, three 
individuals were recovered from the closet of a private citizen in 
Dolores County, CO. The exact origin of the remains is unknown. 
Osteological analysis determined that the remains exhibit cranial 
modification and are of Native American ancestry. The Dolores County 
Sheriff transferred the remains to History Colorado in March 2007. They 
are identified as OAHP Case Number 247. No known individuals were 
identified. No associated funerary objects are present. One ceramic 
cylinder, 1 polished stone, and 3 black-on-white potsherds were found 
with the remains in the closet, but it is not possible to determine if 
they are associated funerary objects and were part of the original 
burial context. These objects will be transferred with the individuals.
    In March 2007, human remains representing, at minimum, one 
individual were seized from the home of a private citizen in Arapaho 
County, CO. The citizen stated that he had obtained them at a swap meet 
in Summit County, CO. The origin of the remains is unknown. The Arapaho 
County Coroner transferred the remains to History Colorado in March 
2007. They are identified as OAHP Case Number 249. Osteological 
analysis determined the remains exhibit cranial modification and are of 
Native American ancestry. No known individuals were identified. No 
associated funerary objects are present.
    In June 2007, human remains representing, at minimum, one 
individual were transferred to History Colorado by the Boulder County 
Coroner's Office. They are identified as OAHP Case Number 251. The 
remains had originally been taken to the Native American Rights Fund 
office in Boulder by a private citizen, who stated that she had found 
them in her deceased father's basement. They had been abandoned by one 
of his renters. She was advised to take them to the county coroner. The 
origin of the remains is unknown. Osteological examination determined 
that the remains exhibit cranial modification and are of Native 
American ancestry. No known individuals were identified. No associated 
funerary objects are present.

Determinations Made by History Colorado

    Officials at History Colorado have determined that:
    <bullet> Pursuant to 25 U.S.C. 3001(9)-(10), the human remains 
described above represent the physical remains of 12 individuals of 
Native American ancestry.
    <bullet> Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains described above and any present-day Indian tribe.
    History Colorado has determined that the human remains are 
``culturally unidentifiable'' under NAGPRA, 43 CFR 10.9 (e)(6). In 
2006, the History Colorado, in partnership with the Colorado Commission 
of Indian Affairs, Southern Ute Indian Tribe of the Southern Ute 
Reservation, Colorado, and the Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico & Utah conducted consultations with 
the tribes that have ancestral ties to the state of Colorado to develop 
the process for disposition of culturally unidentifiable Native 
American human remains and associated funerary objects originating from 
inadvertent discoveries on Colorado state and private lands. As a 
result of the consultation, a process was developed, titled Process for 
Consultation, Transfer, and Reburial of Culturally Unidentifiable 
Native American Human Remains and Associated Funerary Objects 
Originating From Inadvertent Discoveries on Colorado State and Private 
Lands (2008) (unpublished, on file with the Colorado Office of 
Archaeology and Historic Preservation). The presence of cranial 
modification suggested that these

[[Page 11575]]

individuals may have originated from the southwestern Colorado, but 
without additional evidence, it is not possible to make a cultural 
affiliation. The tribes consulted were those who expressed their wishes 
to be notified of discoveries in the Southwest Consultation Region as 
established by the Process.
    The Native American Graves Protection and Repatriation Review 
Committee (Review Committee) is responsible for recommending specific 
actions for disposition of culturally unidentifiable human remains. On 
November 3-4, 2006, the Process was presented to the Review Committee 
for consideration. A January 8, 2007 letter on behalf of the Review 
Committee from the Designated Federal Officer transmitted the 
provisional authorization to proceed with the Process upon receipt of 
formal responses from the Jicarilla Apache Nation, New Mexico, and 
Kiowa Indian Tribe of Oklahoma, and subject to forthcoming conditions 
imposed by the Secretary of the Interior. On May 15-16, 2008, the 
responses from the Jicarilla Apache Nation, New Mexico, and Kiowa 
Indian Tribe of Oklahoma were submitted to the Review Committee. On 
September 23, 2008, the Assistant Secretary for Fish and Wildlife and 
Parks, as the designee for the Secretary of the Interior, transmitted 
the authorization for the disposition of culturally unidentifiable 
human remains according to the Process and NAGPRA, pending publication 
of a Notice of Inventory Completion in the Federal Register. This 
notice fulfills that requirement.
    43 CFR 10.11 was promulgated March 15, 2010, providing a process 
for the disposition of culturally unidentifiable Native American human 
remains recovered from tribal or aboriginal lands as established by the 
final judgment of the Indian Claims Commission or U.S. Court of Claims, 
a treaty, Act of Congress, or Executive Order, or other authoritative 
governmental sources. There is no evidence indicating that the human 
remains reported in this notice originated from tribal or aboriginal 
lands, making them eligible for disposition under the Process.

Additional Requestors and Disposition

    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains should contact Sheila 
Goff, NAGPRA Liaison, History Colorado, 1200 Broadway, Denver, CO 
80203, telephone (303) 866-4531, before March 28, 2012. Transfer of 
control of the human remains to the Southern Ute Indian Tribe of the 
Southern Ute Reservation, Colorado, and the Ute Mountain Tribe of the 
Ute Mountain Reservation, Colorado, New Mexico & Utah may proceed after 
that date if no additional claimants come forward.
    History Colorado is responsible for notifying the Apache Tribe of 
Oklahoma; Arapahoe Tribe of the Wind River Reservation, Wyoming; 
Cheyenne and Arapaho Tribes, Oklahoma; Cheyenne River Sioux Tribe of 
the Cheyenne River Reservation, South Dakota; Comanche Nation, 
Oklahoma; Crow Creek Sioux Tribe of the Crow Creek Reservation, South 
Dakota; Crow Tribe of Montana; Fort Sill Apache Tribe of Oklahoma; Hopi 
Tribe of Arizona; Jicarilla Apache Nation, New Mexico; Kewa Pueblo, New 
Mexico (formerly Pueblo of Santo Domingo); Kiowa Indian Tribe of 
Oklahoma; Mescalero Apache Tribe of the Mescalero Reservation, New 
Mexico; Navajo Nation, Arizona, New Mexico & Utah; Northern Cheyenne 
Tribe of the Northern Cheyenne Indian Reservation, Montana; Oglala 
Sioux Tribe of the Pine Ridge Reservation, South Dakota; Ohkay Owingeh, 
New Mexico (formerly the Pueblo of San Juan); Paiute Indian Tribe of 
Utah (Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of 
Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes) 
(formerly Paiute Indian Tribe of Utah (Cedar City Band of Paiutes, 
Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of 
Paiutes, and Shivwits Band of Paiutes)); Pawnee Nation of Oklahoma; 
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 Taos, New Mexico; Pueblo of Tesuque, New Mexico; Pueblo of 
Zia, New Mexico; Rosebud Sioux Tribe of the Rosebud Indian Reservation, 
South Dakota; San Juan Southern Paiute Tribe of Arizona; Shoshone-
Bannock Tribes of the Fort Hall Reservation of Idaho; Shoshone Tribe of 
the Wind River Reservation, Wyoming; Southern Ute Indian Tribe of the 
Southern Ute Indian Reservation, Colorado; Standing Rock Sioux Tribe of 
North & South Dakota; Three Affiliated Tribes of the Fort Berthold 
Reservation, North Dakota; Ute Indian Tribe of the Uintah & Ouray 
Reservation, Utah; Ute Mountain Tribe of the Ute Mountain Reservation, 
Colorado, New Mexico & Utah; Wichita and Affiliated Tribes (Wichita, 
Keechi, Waco & Tawakoni), Oklahoma; Ysleta Del Sur Pueblo of Texas; and 
the Zuni Tribe of the Zuni Reservation, New Mexico, that this notice 
has been published.

    Dated: February 22, 2012.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2012-4531 Filed 2-24-12; 8:45 am]
BILLING CODE 4312-50-P