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###### Department of the Interior

###### National Park Service

          - [NPS-WASO-NAGPRA-17370; PPWOCRADN0-PCU00RP14.R50000]

# AGENCY:

National Park Service, Interior.

# ACTION:

Notice.

# SUMMARY:

History Colorado, formerly Colorado Historical Society, has completed an inventory of human remains, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to History Colorado. If no additional requestors come forward, transfer of control of the human remains to the Indian tribes or Native Hawaiian organizations stated in this notice may proceed.

# DATES:

Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to History Colorado at the address in this notice by March 6, 2015.

# ADDRESSES:

                        Sheila Goff, NAGPRA Liaison, History Colorado, 1200 Broadway, Denver, CO 80203, telephone (303) 866-4561, email                         *sheila.goff@state.co.us.*

# 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 the control of History Colorado, Denver, CO. One set of remains was received through the Moffat County Coroner and is presumed to have originated in that county. One set of remains was the result of an inadvertent discovery in Mesa County, 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

A detailed assessment of the human remains was made by History Colorado professional staff in consultation with representatives of the Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota; Jicarilla Apache Nation, New Mexico; Kiowa Tribe of Oklahoma; 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) (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)); Pueblo of San Ildefonso, New Mexico; Pueblo of Santa Clara, New Mexico; Shoshone Tribe of the Wind River Reservation, Wyoming; Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho; Southern Ute Indian Tribe of the Southern Ute Indian Reservation, Colorado; Ute Indian Tribe (Uintah & Ouray Reservation), Utah; and Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New Mexico & Utah.

Ohkay Owingeh, New Mexico (formerly the Pueblo of San Juan); Pueblo of San Felipe, New Mexico; and Zuni Tribe of the Zuni Reservation, New Mexico were invited to consult, but did not participate. Hereafter, all tribes listed above are referred to as “The Consulted and Invited Tribes.”

## History and Description of the Remains

                    In March 2014, the Craig Colorado Police Department was contacted by a local public school because human remains representing, at minimum, one individual, were found in a storage closet. A teacher recalled that the remains had been used for teaching in the distant past. Anecdotal information indicated that they were removed from a local, unnamed archeological site at an unknown time in the past. They were transferred to History Colorado and are identified as Office of Archaeology and Historic Preservation (OAHP) Case Number 303. Osteological analysis                           ( print page 6120)                        determined they are of Native American ancestry. No known individuals were identified. No associated funerary objects are present.                

In May 2014, human remains representing, at minimum, one individual were inadvertently discovered at the bottom of a slope on private property near Grand Mesa, CO. The Mesa County Coroner investigated and ruled out forensic interest. The exact location from which the human remains originated could not be located, but it is presumed they eroded from higher ground. The human remains were transferred to History Colorado, where they are identified as OAHP Case Number 306. Osteological analysis by determined that they are of Native American ancestry. No known individuals were identified. No associated funerary objects are present.

                    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 tribal consultations among the tribes with 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,                     *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 tribes consulted are those who have expressed their wishes to be notified of discoveries in the Great Basin Consultation Region as established by the                     *Process,*                     where these individuals originated.                

                    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 the Kiowa Indian Tribe of Oklahoma, 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 the 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 on March 15, 2010, to provide 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. As there is no evidence indicating that the human remains reported in this notice originated from tribal or aboriginal lands, they are eligible for disposition under the                     *Process.*

## Determinations Made by History Colorado

Officials of History Colorado have determined that:
    - Pursuant to 25 U.S.C. 3001(9) , the human remains are Native American based on osteological analysis.
    - Pursuant to 25 U.S.C. 3001(9) , the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.
    - Pursuant to 25 U.S.C. 3001(2) , a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian tribe.
    - Pursuant to 43 CFR 10.11(c)(2)(ii)  and the                      Process,                      the disposition of the human remains may be 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.                

## Additional Requestors and Disposition

                    Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Sheila Goff, NAGPRA Liaison, History Colorado, 1200 Broadway, Denver, CO 80203, telephone (303) 866-4531, email                     *sheila.goff@state.co.us*                     by March 6, 2015. After that date, if no additional requestors have come forward, 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.                

History Colorado is responsible for notifying The Consulted and Invited Tribes that this notice has been published.

Dated: December 19, 2014.

Melanie O'Brien,

Acting Manager, National NAGPRA Program.

[FR Doc. 2015-02225 Filed 2-3-15; 8:45 am]

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