[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Notices]
[Pages 29983-29986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13965]


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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

AGENCY: National Park Service, Interior.

ACTION: Notice.

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    Notice is hereby given in accordance with provisions of the Native 
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9, 
of the completion of an inventory of human remains and associated 
funerary objects in the possession of the University of Denver 
Department of Anthropology and Museum of Anthropology, Denver, CO.
    This notice is published as part of the National Park Service's 
administrative

[[Page 29984]]

responsibilities under NAGPRA, 43 CFR 10.2(c). The determinations 
within this notice are the sole responsibility of the museum, 
institution, or Federal agency that has control of these Native 
American human remains and associated funerary objects. The National 
Park Service is not responsible for the determinations within this 
notice.
    A detailed assessment of the human remains was made by the 
University of Denver Department of Anthropology and Museum of 
Anthropology professional staff in consultation with representatives of 
the Arapahoe Tribe of the Wind River Reservation, Wyoming; Assiniboine 
and Sioux Tribes of the Fort Peck Indian Reservation, Montana; 
Cheyenne-Arapaho Tribes of Oklahoma; Cheyenne River Sioux Tribe of the 
Cheyenne River Reservation, South Dakota; Colorado River Indian Tribes 
of the Colorado River Indian Reservation, Arizona and California; 
Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of the Crow 
Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South 
Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of Arizona; 
Jicarilla Apache Tribe of the Jicarilla Apache Indian Reservation, New 
Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule Sioux Tribe of the 
Lower Brule Reservation, South Dakota; Lower Sioux Indian Community of 
Minnesota Mdewakanton Sioux Indians of the Lower Sioux; Northern 
Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana; 
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Pawnee 
Nation of Oklahoma; Prairie Island Indian Community of Minnesota 
Mdewakanton Sioux Indians of the Prairie Island Reservation, Minnesota; 
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; 
Santee Sioux Tribe of the Santee Reservation of Nebraska; Shakopee 
Mdewakanton Sioux Community of Minnesota (Prior Lake); Sisseton-
Wahpeton Sioux Tribe of the Lake Traverse Reservation, South Dakota; 
Skull Valley Band of Goshute Indians of Utah; Southern Ute Indian Tribe 
of the Southern Ute Reservation, Colorado; Spirit Lake Tribe, North 
Dakota (formerly known as the Devils Lake Sioux Tribe); Standing Rock 
Sioux Tribe of North and South Dakota; Upper Sioux Indian Community of 
the Upper Sioux Reservation, Minnesota; Ute Indian Tribe of the Uintah 
and Ouray Reservation, Utah; Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico and Utah; and Yankton Sioux Tribe of 
South Dakota.
    In the mid-20th century, human remains representing two individuals 
(catalog number DU 6072) were recovered from an unknown location in 
Jefferson County, CO, by an unknown individual. The remains were turned 
over to the Jefferson County coroner, who gave them to the University 
of Denver Museum of Anthropology. No known individuals were identified. 
No associated funerary objects are present.
    The physical anthropological characteristics of these remains 
indicate that they are Native American.
    In 1992, human remains representing one individual were found in 
the University of Denver Museum of Anthropology. They were labeled with 
the same site number as artifacts collected in 1931 by Dr. E.B. Renaud 
of the University of Denver Department of Anthropology and his 
assistant, Charlie Steen. Dr. Renaud wrote about the 1931 expedition to 
what is now identified as site 5JF91, but he did not mention finding 
human remains. No known individual was identified. The 48 associated 
funerary objects are 45 chipped stone flakes, 2 cord-marked ceramic 
sherds, and 1 metate.
    The geographical origin and associated funerary objects indicate 
that these remains are Native American. Site 5JF91 is a campsite on a 
hill overlooking a creek southwest of Morrison, Jefferson County, CO. 
The presence of cord-marked ceramics in association with these remains 
indicates that they date no earlier than the Plains Woodland (A.D. 400-
1000) or Late Archaic (500 B.C.-A.D. 500) periods, when pottery first 
appeared in this area. Although museum records do not mention the human 
remains, it was Dr. Renaud's practice to collect from discrete areas, 
which makes it likely that the remains are associated with the 
artifacts. Paul Lewis, of Golden, CO, led Dr. Renaud to the site and 
also took artifacts from the site.
    In 1982, human remains representing one individual were recovered 
from 5JF148 (CO K:8:81), the Crescent site, Jefferson County, CO, by 
the Colorado Archaeological Society, Denver Chapter (CAS Denver). CAS 
Denver sent the remains to Dr. Michael Finnegan at Kansas State 
University, Manhattan, KS, where they are currently curated. CAS Denver 
and the University of Denver Museum of Anthropology had an agreement 
whereby the museum curated archeological material that had been 
processed in the CAS Denver laboratory after CAS Denver excavations. 
Sometime after the remains were transferred to Kansas State University, 
while processing material from 5JF148, CAS Denver discovered additional 
remains from the individual whose remains were sent to Dr. Finnegan. 
CAS Denver subsequently deposited the isolated remains in the museum 
for NAGPRA reporting and curation. In October 1999, CAS Denver 
transferred legal control to the museum of all of the material from the 
site excluding the human remains at Kansas State University. No known 
individual was identified. No associated funerary objects are present.
    5JF148 is a rock shelter with a southern aspect. The remains were 
flexed and placed in a pit burial, with the head to the east, facing 
north. The burial has been radiocarbon dated to 5155 B.P. (3205 B.C.), 
placing it in the Early-Middle Archaic (6000-500 B.C.) period.
    Between 1983 and 1987, human remains representing 13 individuals 
were recovered from 5JF321 (CO K:8:82), the Swallow site, Deer Creek 
Drainage, Jefferson County, CO, by the Colorado Archaeological Society, 
Denver Chapter (CAS Denver). During the excavations CAS Denver 
discovered burials that were sent to Dr. Michael Finnegan at Kansas 
State University, Manhattan, KS, for study and curation. CAS Denver and 
the University of Denver Museum of Anthropology had an agreement 
whereby the museum curated archeological material that had been 
processed in the CAS Denver laboratory after CAS Denver excavations. 
Sometime after the remains were transferred to Kansas State University, 
while processing material from 5JF321, CAS Denver discovered additional 
remains from the individuals whose remains were sent to Dr. Finnegan. 
CAS Denver subsequently deposited the isolated remains in the museum 
for NAGPRA reporting and curation. In October 1999, CAS Denver 
transferred legal control to the museum of all of the material from the 
site excluding the human remains at Kansas State University. No known 
individuals were identified. No associated funerary objects are 
present.
    5JF321 is a rock shelter with a southwestern aspect. It had 
multiple occupations dating from the Middle Archaic (3000-500 B.C.), 
Late Archaic (500 B.C.-A.D. 500), Plains Woodland (A.D. 400-1000), and 
Historic (post-A.D. 1600) periods. These remains date to the Archaic 
period.
    In 1973, human remains representing one individual were recovered 
from 5JF52 (CO K:8:86), Bradford House III site, Dutch Creek Drainage, 
Jefferson County, CO, by the Colorado Archaeological Society, Denver 
Chapter (CAS Denver). During the excavations CAS Denver discovered 
burials that

[[Page 29985]]

were sent to Dr. Michael Finnegan at Kansas State University, 
Manhattan, KS, for study and curation. CAS Denver and the University of 
Denver Museum of Anthropology had an agreement whereby the museum 
curated archeological material that had been processed in the CAS 
Denver laboratory after CAS Denver excavations. Sometime after the 
remains were transferred to Kansas State University, while processing 
material from 5JF52, CAS Denver discovered additional remains from the 
individual whose remains were sent to Dr. Finnegan. CAS Denver 
subsequently deposited the isolated remains in the museum for NAGPRA 
reporting and curation. In October 1999, CAS Denver transferred legal 
control to the museum of all of the material from the site excluding 
the human remains at Kansas State University. No known individual was 
identified. The three associated funerary objects are metates, one of 
which is broken in half.
    5JF52 is a rock shelter with a southwestern aspect. It had multiple 
occupations dating from the Middle Archaic (3000-500 B.C.), Late 
Archaic (500 B.C.-A.D. 500), and Plains Woodland (A.D. 400-1000) 
periods. This burial has been radiocarbon dated to 2440 B.P. (490 B.C. 
or 589 B.C. with corrections), placing it in the Middle-Late Archaic 
(3000 B.C.-A.D. 500) period.
    In 1976, 12 associated funerary objects were recovered from graves 
at 5JF211 (CO K:8:80), Falcon's Nest site, Deer Creek Drainage, 
Jefferson County, CO, by the Colorado Archaeological Society, Denver 
Chapter (CAS Denver). The human remains associated with these objects 
were sent by CAS Denver to Dr. Michael Finnegan at Kansas State 
University, Manhattan, KS, for study and curation. CAS Denver and the 
University of Denver Museum of Anthropology had an agreement whereby 
the museum curated archeological material that had been processed in 
the CAS Denver laboratory after CAS Denver excavations. In October 
1999, CAS Denver transferred legal control to the museum of all of the 
material from the site excluding the human remains at Kansas State 
University. The 12 associated funerary objects are 2 projectile points, 
1 piece of charcoal, 1 animal scapula identified as a rasp, 1 object 
that is thought to be a flute, 1 metate, 1 piece of pigment, and 5 
rocks.
    5JF211 is a rock shelter with a southern aspect. It had multiple 
occupations dating from the Middle Archaic (3000-500 B.C.), Late 
Archaic (500 B.C.-A.D. 500), and Plains Woodland (A.D. 400-1000) 
periods. The burials and their associated artifacts date to the 
Archaic.
    Unless specifically stated above, collections documentation is 
limited concerning possible dates, cultural affiliation(s), or the 
circumstances under which the Native American human remains and 
associated funerary objects described above were found. Colorado's 
history of tribal relocation, however, suggests that all of the human 
remains and associated funerary objects described above date prior to 
contact with Europeans. The ``Indian Land Areas Judicially Established 
1978 Map'' indicates the legal claim to land based upon traditional use 
for the Ute, Cheyenne, and Arapaho. The ``Early Indian Tribes, Culture 
Areas, and Linguistic Stocks Map'' establishes the presence of the Ute 
at the time of contact with Europeans. The Colorado Office of 
Archaeology and Historic Preservation map of Native American 
distribution in Colorado establishes the presence of the Hopi, Ute, 
Lakota, Arapaho, Cheyenne, Comanche, Kiowa, Apache, and Kiowa-Apache. 
The Hopi Tribe of Arizona provided written testimony that they are 
culturally affiliated to Archaic period individuals. Representatives 
from the Pawnee Nation of Oklahoma presented linguistic evidence in 
that there is a Pawnee name for Pike's Peak which is to the south of 
Jefferson County. Representatives from seven Sioux tribes presented 
oral testimony during consultation that confirmed the presence of the 
Sioux in this region. The seven Sioux tribes are the Cheyenne River 
Sioux Tribe of the Cheyenne River Reservation, South Dakota; 
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, 
Montana; Flandreau Santee Sioux Tribe of South Dakota; Oglala Sioux 
Tribe of the Pine Ridge Reservation, South Dakota; Rosebud Sioux Tribe 
of the Rosebud Indian Reservation, South Dakota; Santee Sioux Tribe of 
the Santee Reservation of Nebraska; and Yankton Sioux Tribe of South 
Dakota. Representatives of the Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico and Utah; and Southern Ute Indian 
Tribe of the Southern Ute Reservation, Colorado who attended a 
conference on cultural affiliation of ancient peoples in Colorado, held 
at the Colorado Historical Society, provided oral testimony that 
confirmed the presence of the Ute in Jefferson County. Based on the 
totality of the circumstances surrounding the acquisition of these 
human remains and associated funerary objects, the evidence of 
traditional territories, oral traditions, archeological context, and 
material culture, officials of the University of Denver Department of 
Anthropology and Museum of Anthropology have determined that there is 
cultural affiliation with the present-day Indian tribes who claim a 
presence in the region prior to and during the contact period.
    Based on the above-mentioned information, officials of the 
University of Denver Department of Anthropology and Museum of 
Anthropology have determined that, pursuant to 43 CFR 10.2(d)(1), the 
human remains listed above represent the physical remains of 18 
individuals of Native American ancestry. Officials of the University of 
Denver Department of Anthropology and Museum of Anthropology also have 
determined that, pursuant to 43 CFR 10.2(d)(2), the 63 objects listed 
above are reasonably believed to have been placed with or near 
individual human remains at the time of death or later as part of the 
death rite or ceremony. Lastly, officials of the University of Denver 
Department of Anthropology and Museum of Anthropology have determined 
that, pursuant to 43 CFR 10.2(e), there is a relationship of shared 
group identity that can be reasonably traced between these Native 
American human remains and associated funerary objects and the Apache 
Tribe of Oklahoma; Arapahoe Tribe of the Wind River Reservation, 
Wyoming; Assiniboine and Sioux Tribes of the Fort Peck Indian 
Reservation, Montana; Cheyenne-Arapaho Tribes of Oklahoma; Cheyenne 
River Sioux Tribe of the Cheyenne River Reservation, South Dakota; 
Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of the Crow 
Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South 
Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of Arizona; 
Jicarilla Apache Tribe of the Jicarilla Apache Indian Reservation, New 
Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule Sioux Tribe of the 
Lower Brule Reservation, South Dakota; Lower Sioux Indian Community of 
Minnesota Mdewakanton Sioux Indians of the Lower Sioux; Mescalero 
Apache Tribe of the Mescalero Reservation, New Mexico; Northern 
Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana; 
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Pawnee 
Nation of Oklahoma; Prairie Island Indian Community of Minnesota 
Mdewakanton Sioux Indians of the Prairie Island Reservation, Minnesota; 
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota;

[[Page 29986]]

Santee Sioux Tribe of the Santee Reservation of Nebraska; Shakopee 
Mdewakanton Sioux Community of Minnesota (Prior Lake); Sisseton-
Wahpeton Sioux Tribe of the Lake Traverse Reservation, South Dakota; 
Skull Valley Band of Goshute Indians of Utah; Southern Ute Indian Tribe 
of the Southern Ute Reservation, Colorado; Spirit Lake Tribe, North 
Dakota (formerly known as the Devils Lake Sioux Tribe); Standing Rock 
Sioux Tribe of North and South Dakota; Upper Sioux Indian Community of 
the Upper Sioux Reservation, Minnesota; Ute Indian Tribe of the Uintah 
and Ouray Reservation, Utah; Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico and Utah; and Yankton Sioux Tribe of 
South Dakota.
    This notice has been sent to officials of the Apache Tribe of 
Oklahoma; Arapahoe Tribe of the Wind River Reservation, Wyoming; 
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, 
Montana; Cheyenne-Arapaho Tribes of Oklahoma; Cheyenne River Sioux 
Tribe of the Cheyenne River Reservation, South Dakota; Colorado River 
Indian Tribes of the Colorado River Indian Reservation, Arizona and 
California; Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of 
the Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe 
of South Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of 
Arizona; Jicarilla Apache Tribe of the Jicarilla Apache Indian 
Reservation, New Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule 
Sioux Tribe of the Lower Brule Reservation, South Dakota; Lower Sioux 
Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower 
Sioux; Mescalero Apache Tribe of the Mescalero Reservation, New Mexico; 
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, 
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South 
Dakota; Pawnee Nation of Oklahoma; Prairie Island Indian Community of 
Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation, 
Minnesota; Rosebud Sioux Tribe of the Rosebud Indian Reservation, South 
Dakota; Santee Sioux Tribe of the Santee Reservation of Nebraska; 
Shakopee Mdewakanton Sioux Community of Minnesota (Prior Lake); 
Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Reservation, South 
Dakota; Skull Valley Band of Goshute Indians of Utah; Southern Ute 
Indian Tribe of the Southern Ute Reservation, Colorado; Spirit Lake 
Tribe, North Dakota (formerly known as the Devils Lake Sioux Tribe); 
Standing Rock Sioux Tribe of North and South Dakota; Upper Sioux Indian 
Community of the Upper Sioux Reservation, Minnesota; Ute Indian Tribe 
of the Uintah and Ouray Reservation, Utah; Ute Mountain Tribe of the 
Ute Mountain Reservation, Colorado, New Mexico and Utah; and Yankton 
Sioux Tribe of South Dakota.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with these human remains and associated 
funerary objects should contact Jan I. Bernstein, Collections Manager 
and NAGPRA Coordinator, University of Denver Department of Anthropology 
and Museum of Anthropology, 2000 Asbury, Sturm Hall S-146, Denver, CO 
80208-2406, telephone (303) 871-2543, e-mail <a href="/cdn-cgi/l/email-protection#6f050d0a1d011c1b0a2f0b1a410a0b1a"><span class="__cf_email__" data-cfemail="b8d2daddcad6cbccddf8dccd96dddccd">[email protected]</span></a>, before 
July 5, 2001. Repatriation of the human remains and associated funerary 
objects to the Apache Tribe of Oklahoma; Arapahoe Tribe of the Wind 
River Reservation, Wyoming; Assiniboine and Sioux Tribes of the Fort 
Peck Indian Reservation, Montana; Cheyenne-Arapaho Tribes of Oklahoma; 
Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South 
Dakota; Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of the 
Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of 
South Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of 
Arizona; Jicarilla Apache Tribe of the Jicarilla Apache Indian 
Reservation, New Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule 
Sioux Tribe of the Lower Brule Reservation, South Dakota; Lower Sioux 
Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower 
Sioux; Mescalero Apache Tribe of the Mescalero Reservation, New Mexico; 
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, 
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South 
Dakota; Pawnee Nation of Oklahoma; Prairie Island Indian Community of 
Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation, 
Minnesota; the Rosebud Sioux Tribe of the Rosebud Indian Reservation, 
South Dakota; Santee Sioux Tribe of the Santee Reservation of Nebraska; 
Shakopee Mdewakanton Sioux Community of Minnesota (Prior Lake); 
Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Reservation, South 
Dakota; Skull Valley Band of Goshute Indians of Utah; Southern Ute 
Indian Tribe of the Southern Ute Reservation, Colorado; Spirit Lake 
Tribe, North Dakota (formerly known as the Devils Lake Sioux Tribe); 
Standing Rock Sioux Tribe of North and South Dakota; Upper Sioux Indian 
Community of the Upper Sioux Reservation, Minnesota; Ute Indian Tribe 
of the Uintah and Ouray Reservation, Utah; Ute Mountain Tribe of the 
Ute Mountain Reservation, Colorado, New Mexico and Utah; and Yankton 
Sioux Tribe of South Dakota may begin after that date if no additional 
claimants come forward.

    Dated: May 8, 2001.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-13965 Filed 6-1-01; 8:45 am]
BILLING CODE 4310-70-F


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