[Federal Register: February 20, 2001 (Volume 66, Number 34)]
[Notices]
[Page 10906-10909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe01-91]

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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
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