[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Notices]
[Pages 10906-10909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4080]


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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 Colorado 
Historical Society, Denver, CO

AGENCY: National Park Service.

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 Colorado Historical Society, 
Denver, CO.
    This notice is published as part of the National Park Service's 
administrative 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 and associated funerary 
objects was made by Colorado Historical Society professional staff in 
consultation with representatives of the Arapahoe Tribe of the Wind 
River Reservation, Wyoming; Cheyenne-Arapaho Tribes of Oklahoma; 
Comanche Indian Tribe, Oklahoma; Fort Sill Apache Tribe of Oklahoma; 
Kiowa Indian Tribe of Oklahoma; Northern Cheyenne Tribe of the Northern 
Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe of the Pine 
Ridge Reservation, South Dakota; Pawnee Nation of Oklahoma; Rosebud 
Sioux Tribe of the Rosebud Indian Reservation, South Dakota; Southern 
Ute Tribe of the Southern Ute Reservation, Colorado; Three Affiliated 
Tribes of the Fort Berthold Reservation, North Dakota; Ute Indian Tribe 
of the Uintah & Ouray Reservation, Utah; and Ute Mountain Tribe of the 
Ute Mountain Reservation, Colorado, New Mexico & Utah. The following 
tribes were invited, but were unable to participate in consultations: 
Apache Tribe of Oklahoma; Jicarilla Apache Tribe of the Jicarilla 
Apache Indian Reservation, New Mexico; Shoshone Tribe of the Wind River 
Reservation, Wyoming; and Wichita and Affiliated Tribes (Wichita, 
Keechi, Waco & Tawakonie), Oklahoma.
    In 1935, human remains representing one individual consisting of a 
scalplock were donated to the Colorado Historical Society by David H. 
Moffat, a well-known businessman who settled in Colorado about 1860. 
The circumstances under which Mr. Moffat acquired the scalplock are not 
clear. Museum documentation and accession records indicate that the 
individual is Native American. No known individual was identified. No 
associated funerary objects are present.
    In May 1934, human remains representing one individual consisting 
of a partial skull were donated to the Colorado Historical Society by 
Jay Monaghan of Meeker, CO. According to the society's accession 
records, Mr. Monaghan found the skull on Skull Creek in Moffat County, 
CO, approximately 90 miles from Craig, CO. Museum documentation and 
examination of the skull indicate that the individual is Native 
American. No known individual was identified. No associated funerary 
objects are present.
    In 1936, human remains representing one individual were donated to 
the Colorado Historical Society by Nina Nicholas. The remains, 
consisting of a fragment of mandible and maxilla, along with loose 
teeth, were found in a sandpit near Boyero, Lincoln County, CO. 
Physical examination of the teeth indicates that this individual is 
Native American. No known individual was identified. No associated 
funerary objects are present.
    In 1913, human remains representing a minimum of one individual 
were donated to the Colorado Historical Society. The remains, 
consisting of a skull and mandible of an adult male, were found in 
Denver, CO, during a building construction project. The face, base, and 
right side of the skull are missing. A tag attached to the mandible 
states, ``It is doubtful if this jaw belonged to the present skull, 
although they have been kept together.'' In the opinion of James 
Hummert, a physical anthropologist who assessed these remains in 1981, 
the skull and mandible ``may or may not belong together.'' Mr. Hummert 
also noted that the teeth indicate that this individual differs from 
Anasazi populations, supporting the probable provenience of this person 
from the eastern plains of Colorado. Based on physical examination, the 
teeth present in the mandible show very little wear. The weathering of 
both the skull and mandible indicates that the remains probably have 
greater antiquity than the Euro-American occupation period of the 
Denver area. This individual is therefore presumed to be Native 
American. No known individual was identified. No associated funerary 
objects are present.
    Between 1879 and 1930, human remains representing one individual 
were donated to the Colorado Historical Society. The nearly complete 
remains are of an adult female found near Black Hawk, CO. Museum 
accession records indicate that there was no metal found with this 
burial, indicating probable burial prior to the historic period. No 
known individual was identified. No associated funerary objects are 
present.
    In September 1936, human remains representing one individual were 
donated to the Colorado Historical Society by Joseph M. Crow of Hooper, 
CO. Mr. Crow found the remains at the Sand Dunes in the San Luis Valley 
of Colorado. Physical examination indicates that the remains, 
consisting of a partial skull and mandible, are from an individual 
approximately 16 years of age. Wear on the teeth indicates that this 
individual is Native American. No known individual was identified. No 
associated funerary objects are present.
    On April 16, 1942, human remains representing one individual were 
donated to the Colorado Historical Society by Guy P. Walsh of Wray, CO. 
Records indicate that the remains were probably found by a Mr. White 
near Bayfield, CO. Physical examination of the remains, consisting of a 
skull and mandible from an adult female, 30-35 years of age, revealed 
cranial and dental characteristics consistent with Native American 
individuals. No known individual was identified. No associated funerary 
objects are present.
    Prior to 1963, human remains representing two individuals were 
donated to the Colorado Historical Society. These remains might have 
been part of a donation made by Anna Scarlett and M.D. Davis during the 
1920's, but this is uncertain. The remains consist of a highly 
fragmentary skull and mandible of an adult, and the fragmented femora 
of an adolescent. The indistinguishable coloration of the remains and 
soil indicates that the adolescent's remains were most likely

[[Page 10907]]

found in the same location as the adult's remains. The teeth show heavy 
wear indicating that the adult is probably Native American, and due to 
the proximity of the burials, the adolescent is probably also Native 
American. No known individuals were identified. No associated funerary 
objects are present.
    In 1939, human remains representing one individual were donated to 
the Colorado Historical Society by Clinton Buniger of Fruita, CO. The 
remains are nearly complete and represent an infant approximately 6-9 
months of age. The remains were found near the Colorado-Utah State line 
in the vicinity of Fruita, CO. Physical examination revealed facial 
characteristics indicating that this person is Native American. Based 
upon the method of manufacture of the ribbon that accompanies this 
individual, these remains are considered to be from the historic 
period. No known individual was identified. The two associated funerary 
objects are a small amount of resinous substance and a blue satin 
ribbon.
    In May 1944, human remains representing 38 individuals were 
bequeathed to the Colorado Historical Society by James Mellinger of 
Longmont, CO. Mr. Mellinger, an avocational archeologist, collected 
remains during 17 years of archeological work in South Dakota, Wyoming, 
Utah, Arizona, New Mexico, and Colorado. His collection of over 6,000 
items was accessioned by the Colorado Historical Society in 1951. No 
field notes or other records accompanied the collection. Knowledge of 
Mr. Mellinger's collections and the physical characteristics of these 
remains indicate that the individuals are likely to be Native American. 
No known individuals were identified. No associated funerary objects 
are present.
    In 1944, another set of human remains representing one individual 
was bequeathed to the Colorado Historical Society by James Mellinger of 
Longmont, CO. The remains, consisting of a right innominate, right 
femur, right tibia, and right fibula, are from an adult male aged 20-25 
years, and were found ``on the open plain'' at Grand Gulch, UT. 
Knowledge of Mr. Mellinger's collections and the physical 
characteristics of these remains indicate that the individual is likely 
to be Native American. One projectile point, which was unlikely to have 
been placed intentionally with the individual at the time of death or 
later as part of the death rite or ceremony, was imbedded in the 
interior surface of the innominate. No known individual was identified. 
No associated funerary objects are present.
    Between 1879 and 1930, human remains representing 10 individuals 
were donated to the Colorado Historical Society. The only documentation 
referring to these individuals appears as single-line entries in an 
accession ledger from March 1930. The precise dates of acquisition and 
proveniences of these individuals are not known. The Colorado 
Historical Society has never formally collected non-Indian human 
remains, and many undocumented Colorado Historical Society remains have 
been identified as Native American on the basis of cranial morphology. 
The totality of these circumstances supports the identification of 
these individuals as Native American. No known individuals were 
identified. No associated funerary objects are present.
    Between 1879 and 1981, human remains representing a minimum of 168 
individuals were donated to the Colorado Historical Society. No 
documentation referring to these individuals can be located at the 
society; precise dates of acquisition and proveniences of these 
individuals, therefore, are not known. The Colorado Historical Society 
has never formally collected non-Indian human remains, and many 
undocumented Colorado Historical Society remains have been identified 
as Native American on the basis of cranial morphology. The totality of 
these circumstances supports the identification of these individuals as 
Native American. No known individuals were identified. The one 
associated funerary object is a metal bracelet that encircles the arm 
of one individual.
    In 1990, human remains representing one individual consisting of 
cranial fragments and one femur fragment were found by unknown workmen 
during a house construction project in Larimer County, CO. Dr. Diane 
France of Colorado State University studied these remains and 
determined that the individual is Native American. No known individual 
was identified. No associated funerary objects are present.
    In 1990, human remains representing two individuals were found by 
city workers digging a trench in Fort Collins, CO. Dr. Diane France 
determined that the remains are those of two adult Native Americans. 
Dr. Calvin Jennings, also of Colorado State University, stated that 
these individuals probably dated from 1,500 to 2,000 years before 
present. No known individuals were identified. No associated funerary 
objects are present.
    In 1992, human remains representing one individual consisting of 
the cranium and various bones were found by two junior high school boys 
in Colorado Springs, CO. The level of preservation of the remains 
suggests a date of less than 1,000 years ago, possibly 200-300 years 
before present. Based upon this information, these remains were 
identified as Native American. No known individual was identified. No 
associated funerary objects are present.
    In May 1992, the University of Northern Colorado conducted brief 
site testing and excavation in Weld County, CO, and recovered human 
remains representing a minimum of three individuals. These remains were 
taken to the University of Northern Colorado where they were analyzed 
by a physical anthropologist who identified them as Native American. 
This location is known as the Garcia or Buckwheat site. No known 
individuals were identified. No associated funerary objects are 
present.
    In June 1993, human remains representing one individual were found 
by children removing rocks from a crevice near Peyton, CO. On July 1, 
1993, Assistant State Archaeologist Kevin Black made a site inspection 
and collected the few remaining blue beads and bone fragments. Based on 
manner of interment, and analysis by physical anthropologist Dr. 
Michael Hoffman, the individual was identified as Native American. On 
the basis of the style and manufacture of the beads, the burial is 
dated to circa A.D. 1840-1860. No known individual was identified. The 
associated funerary objects consist of 537 blue glass beads and 3 white 
glass beads.
    In September 1993, a member of the Colorado Archaeological Society 
received human remains representing one individual from an unknown 
person residing in Vail, CO. These remains are said to have originated 
from the Cherry Creek area of Denver County, CO. Based on the 
provenience of the remains, the individual is presumed to be Native 
American. No known individual was identified. No associated funerary 
objects are present.
    In November 1993, the police department in Northglenn, Adams 
County, CO, recovered from a dumpster the remains of one individual, 
assumed by the Colorado Historical Society to have been previously 
buried. An Adams County Sheriff's Department forensic specialist 
determined the remains to be Native American. No known individual was 
identified. No associated funerary objects are present.
    In July 1994, the remains of one individual were found near 
Bronquist, CO. The Pueblo County, CO, Coroner determined the remains to 
be ancient Native American. No known individual was identified. The one 
associated

[[Page 10908]]

funerary object is a Rose Spring-type projectile point.
    In 1995, human remains representing one individual were discovered 
during outdoor work at a private home in Wheat Ridge, CO. The Jefferson 
County, CO, coroner determined the remains to be Native American. No 
known individual was identified. No associated funerary objects are 
present.
    In 1995, human remains representing one individual were discovered 
in the Founder's Village subdivision near Castle Rock, CO. Professor 
Michael Hoffman of Colorado College determined the remains to be 
ancient Native American. No known individual was identified. The one 
associated funerary object is a bifacial knife.
    In August 1995, human remains representing one individual were 
uncovered during construction at a private home in Arapahoe County, CO. 
A physical anthropologist determined that the cranium showed Native 
American characteristics. No known individual was identified. No 
associated funerary objects are present.
    In June 1996, a local family recovered human remains representing 
one individual from the Pueblo Reservoir shoreline. The geographical 
location and apparent antiquity of the bones suggest Native American 
origin. No known individual was identified. No associated funerary 
objects are present.
    In October 1996, two boys found human remains representing one 
individual near Evergreen, CO. Physical analysis confirms that this 
individual is Native American. A radiocarbon date of a nearby charcoal 
fragment provides a date of approximately 1,600 years before present. 
One projectile point, which was unlikely to have been placed 
intentionally with the individual at the time of death or later as part 
of the death rite or ceremony, and may have been the cause of death, 
was lodged in the vertebral column. No known individual was identified. 
No associated funerary objects are present.
    In March 1997, an anonymous man brought to the State archeologist a 
small box containing human remains representing one individual. These 
remains are said to have originated from an intertribal battlefield 
near the North Platte River in Nebraska. No known individual was 
identified. No associated funerary objects are present.
    In April 1997, a private individual found the human remains of one 
individual in Fremont County, CO. Dr. Michael Hoffman of Colorado 
College determined the remains to be Native American. No known 
individual was identified. No associated funerary objects are present.
    In March 1998, a private individual in Pueblo County, CO, 
discovered human remains representing one individual. Professor Michael 
Hoffman of Colorado College determined the remains to be Native 
American. No known individual was identified. No associated funerary 
objects are present.
    In March 1998, human remains representing one individual were 
discovered by a construction worker during a Colorado Department of 
Transportation project. The remains were traced to a load of fill 
material from the E-470 project in Arapahoe County, CO. Dr. Diane 
France determined the remains to be most likely Native American. No 
known individual was identified. No associated funerary objects are 
present.
    In 1998, human remains representing one individual were found on 
private land in Las Animas County, CO. The coroner determined that the 
remains are most likely Native American. No known individual was 
identified. No associated funerary objects are present.
    In August 1998, the buried remains of two Native American 
individuals were found by Metcalf Archaeological Consultants during an 
archeological survey for a Colorado Interstate Gas pipeline in Las 
Animas County, CO. No known individual was identified. The two 
associated funerary objects are groove-and-snap bone beads that are 
probably made of bird or other animal bone.
    On December 27, 1999, the State archeologist received human remains 
representing one individual that had been discovered in 1973 near 
Westcliffe, Custer County, CO. The site, known as the Brush County 
Creek site, was excavated by University of Southern Colorado Professor 
William Buckles. Circumstances suggest that these remains originated 
from archeological sites in southeastern Colorado and that the 
individuals are Native American. No known individual was identified. 
The two associated funerary objects are a mano and a bone awl.
    On December 27, 1999, the State archeologist received the remains 
of eight individuals from retired University of Southern Colorado 
Professor William Buckles. At that time, the university was 
discontinuing its anthropology program and closing its anthropology 
laboratory. Circumstances suggest that these remains originated from 
archeological sites in southeastern Colorado and that the individuals 
are Native American. No known individuals are identified. No associated 
funerary objects are present.
    In April 2000, human remains representing one individual were found 
by a hiker in Fremont County, CO. The assistant State archeologist 
determined the burial to be Native American. No known individual was 
identified. No associated funerary objects are present.
    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 from 
before 1884. Based on the totality of the circumstances surrounding the 
acquisition of these human remains and associated funerary objects, and 
evidence of traditional territories, oral traditions, archeological 
context, material culture, and cranial measurements, officials of the 
Colorado Historical Society have determined that there is cultural 
affiliation with the present-day tribes who jointly claim a presence in 
the region prior to and during the contact period. Official 
representatives of twelve of these tribes signed and submitted a 
document to the Colorado Historical Society on October 12, 2000, 
jointly claiming cultural affiliation to all of the human remains and 
associated funerary objects described above. The 12 tribes are the 
Cheyenne-Arapaho Tribes of Oklahoma; Comanche Indian Tribe, Oklahoma; 
Fort Sill Apache Tribe of Oklahoma; Kiowa Indian Tribe of Oklahoma; 
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, 
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South 
Dakota; Pawnee Nation of Oklahoma; Rosebud Sioux Tribe of the Rosebud 
Indian Reservation, South Dakota; Southern Ute Indian Tribe of the 
Southern Ute Reservation, Colorado; Three Affiliated Tribes of the Fort 
Berthold Reservation, North Dakota; Ute Indian Tribe of the Uintah & 
Ouray Reservation, Utah; and Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico & Utah.
    Based on the above-mentioned information, officials of the Colorado 
Historical Society have determined that, pursuant to 43 CFR 10.2 
(d)(1), the human remains listed above represent the physical remains 
of 260 individuals of Native American ancestry. Officials of the 
Colorado Historical Society also have determined that, pursuant to 43 
CFR 10.2 (d)(2), the 548 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

[[Page 10909]]

ceremony. Lastly, pursuant to 43 CFR 10.2 (e), officials of the 
Colorado Historical Society have determined that, based upon 
traditional territories and oral traditions, there is a relationship of 
shared group identity that can be reasonably traced between these 
Native American human remains and the Cheyenne-Arapaho Tribes of 
Oklahoma; Comanche Indian Tribe, Oklahoma; Fort Sill Apache Tribe of 
Oklahoma; Kiowa Indian Tribe of Oklahoma; Northern Cheyenne Tribe of 
the Northern Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe 
of the Pine Ridge Reservation, South Dakota; Pawnee Nation of Oklahoma; 
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; 
Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado; 
Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; 
Ute Indian Tribe of the Uintah & Ouray Reservation, Utah; and Ute 
Mountain Tribe of the Ute Mountain Reservation, Colorado, New Mexico & 
Utah.
    This notice has been sent to officials of the Apache Tribe of 
Oklahoma; Arapahoe Tribe of the Wind River Reservation, Wyoming; 
Cheyenne-Arapaho Tribes of Oklahoma; Cheyenne River Sioux Tribe of the 
Cheyenne River Reservation, South Dakota; Comanche Indian Tribe, 
Oklahoma; Crow Tribe of Montana; Crow Creek Sioux Tribe of the Crow 
Creek Reservation, 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; 
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; 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 Juan, 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; Rosebud Sioux Tribe of the Rosebud Indian Reservation, South 
Dakota; 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 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 & Tawakonie), Oklahoma; and 
Zuni Tribe of the Zuni Reservation, New Mexico. Representatives of any 
other Indian tribe that believes itself to be culturally affiliated 
with these human remains should contact Anne W. Bond, Director of 
Collections and Exhibitions, Colorado Historical Society, 1300 
Broadway, Denver, CO 80203-2137, telephone (303) 866-4691, before March 
22, 2001. Repatriation of the human remains to the Cheyenne-Arapaho 
Tribes of Oklahoma; Comanche Indian Tribe, Oklahoma; Fort Sill Apache 
Tribe of Oklahoma; Kiowa Indian Tribe of Oklahoma; Northern Cheyenne 
Tribe of the Northern Cheyenne Indian Reservation, Montana; Oglala 
Sioux Tribe of the Pine Ridge Reservation, South Dakota; Pawnee Nation 
of Oklahoma; Rosebud Sioux Tribe of the Rosebud Indian Reservation, 
South Dakota; Southern Ute Indian Tribe of the Southern Ute 
Reservation, Colorado; Three Affiliated Tribes of the Fort Berthold 
Reservation, North Dakota; Ute Indian Tribe of the Uintah & Ouray 
Reservation, Utah; and Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico & Utah may begin after that date if 
no additional claimants come forward.

    Dated: January 30, 2001.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-4080 Filed 2-16-01; 8:45 am]
BILLING CODE 4310-70-F