[Federal Register: August 29, 2002 (Volume 67, Number 168)]
[Notices]
[Page 55425-55426]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au02-108]

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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, 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), 25 U.S.C.
3003 (d) and 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. 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 Southern Ute Indian Tribe of
the Southern Ute Reservation, Colorado; Ute Indian Tribe of the Uintah
& Ouray Reservation, Utah; and Ute Mountain Tribe of the Ute Mountain
Reservation, Colorado, New Mexico & Utah.
    On June 8-9, 1995, the remains of four individuals were removed
from site 5FN1210, also known as the Coaldale-Fox burial or Office of
Archaeology and Historic Preservation (OAHP) Burial Number 106. Site
5FN1210 is located on private land near Coaldale in Fremont County, CO.
Three of the human remains were originally discovered in disturbed fill
dirt during the construction of a reservoir. The Fremont County
Sheriff's department sent these three human remains to Dr. Michael
Hoffman of Colorado College, who confirmed them to be Native American.
OAHP staff subsequently excavated site 5FN1210 under a State of
Colorado archaeological permit and recovered the remains of a fourth
individual from a burial pit. Dr. Jim Wanner of the University of
Northern Colorado confirmed that all four individuals were Native
American. No known individuals were identified. The 12 associated
funerary objects are 3 bone beads, 1 bone awl, 2 incised tubular bone
beads, 3 pieces of animal bone, 1 rabbit bone treated with ocher, 1
endscraper, and 1 flake.
    In November, 1995, the Colorado Historical Society completed an
inventory of the human remains and associated funerary objects from
5FN1210 as required by 25 U.S.C. 3003 (b)(1). At that time, officials
of the Colorado Historical Society determined that, pursuant to 25
U.S.C. 3001 (9), the above-mentioned human remains represented four
individuals of Native American ancestry. Officials of the Colorado
Historical Society also determined that, pursuant to 25 U.S.C. 3001
(3), the 12 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. Finally, officials of the
Colorado Historical Society determined that, pursuant to 25 U.S.C. 3001
(2), there was not sufficient evidence to trace a relationship of
shared group identity between the human remains and associated funerary
objects and any present-day Indian tribe or Native Hawaiian
organization. The Colorado Historical Society provided an inventory of
these culturally unidentifiable human remains and associated funerary
objects to the Departmental Consulting Archeologist as required under
43 CFR 10.9 (e)(6).
    Through ongoing consultations with Native American tribes, along
with research conducted by the Colorado Historical Society, additional
evidence regarding cultural affiliation of these human remains and
associated funerary objects was identified. Based on stratigraphic and
artifactual evidence, the remains and associated funerary objects of
these four individuals are estimated to date approximately from 2,000
to 500 years before present. The preponderance of the evidence,
including archeology, ethnohistory, history, geography, and oral
traditions, indicates that a relationship of shared group identity can
be reasonably traced between these human remains and associated
funerary objects and the Southern Ute Indian Tribe of the Southern Ute
Reservation, Colorado. More specifically, in his 1996 concluding report
on the site, Kevin Black reported contextual association of charcoal
with the remains in the partially undisturbed burial pit. According to
Southern Ute traditional historian Alden Naranjo, fires often
accompanied Ute burial ceremonies. Mr. Naranjo notes that Ute mortuary
practices were diverse and depended on seasonal, topographical, and
environmental factors. Archeological evidence indicates that these
persons were interred in a manner consistent with known Ute mortuary
practices. Importantly, the discovery site lies within the well-
documented residential use areas of the Capote and Moache Ute bands.
After the Ute agreement of 1880, the Capote and Moache bands were
removed to southern Colorado and came to comprise, along with other Ute
bands, what is now known as the Southern Ute Indian Tribe of the
Southern Ute Reservation, Colorado.
    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 four individuals of Native American ancestry. Officials of the
Colorado Historical Society also have determined that, pursuant to 43
CFR 10.2 (d)(2), the 12 funerary 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, pursuant to 43 CFR 10.2 (e), and in accordance with 25 U.S.C.
3005 (a)(4), officials of the Colorado Historical Society have
determined that there is a relationship of shared group identity that
can be reasonably traced between these Native American human remains
and the Southern Ute Indian Tribe of the Southern Ute Reservation,
Colorado.
    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 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 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
Ildefonso, New Mexico; Pueblo of San Juan, New Mexico; Pueblo of
Sandia,

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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 September 30, 2002. Repatriation of the human remains to
the Southern Ute Indian Tribe of the Southern Ute Reservation,
Colorado, may begin after that date if no additional claimants come
forward.

    Dated: August 1, 2002.
Robert Stearns,
Manager, National NAGPRA Program.
[FR Doc. 02-21999 Filed 8-28-02; 8:45 am]
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