FR Doc E9-10560[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Notices]               
[Page 21395-21397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my09-88]                         

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DEPARTMENT OF THE INTERIOR

National Park Service
 
Notice of Inventory Completion: Colorado Historical Society, 
Denver, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.
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    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 and associated funerary 
objects in the control of the Colorado Historical Society, Denver, CO. 
The human remains and associated funerary objects were removed from 
Chaffee, Eagle, Garfield, Montrose, and Ouray Counties, CO.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). 
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 and associated funerary objects. The National 
Park Service is not responsible for the determinations in this notice.
    In 2006 and 2009, 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 and Arapaho 
Tribes, Oklahoma (formerly Cheyenne and Arapaho Tribes of Oklahoma); 
Comanche Nation, Oklahoma; Crow Tribe of Montana; Hopi Tribe of 
Arizona; Jicarilla Apache Nation, 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; Ohkay Owingeh, 
New Mexico (formerly the Pueblo of San Juan); Paiute Indian Tribe of 
Utah (Cedar City Band of Paiute, Kanosh Band of Paiutes, Koosharem Band 
of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of 
Paiutes); 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 Nambe, New Mexico; Pueblo of Picuris, New 
Mexico; Pueblo of Pojoaque, 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 Tesuque, New Mexico; 
Pueblo of Zia, New Mexico; Rosebud Sioux Tribe of the Rosebud Indian 
Reservation, South Dakota; Shoshone-Bannock Tribes of the Fort Hall 
Reservation of Idaho; Shoshone Tribe of the Wind River Reservation, 
Wyoming; Southern Ute Indian Tribe of the Southern Ute Indian 
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; and Zuni Tribe of the Zuni Reservation, New Mexico.
    In October 1992, human remains representing a minimum of one 
individual were removed from private land in Ouray County, CO (Office 
of Archaeology and Historic Preservation (OAHP) Case Number 71; 
5QR.1006). The human remains were inadvertently discovered by hikers 
who observed them eroding from a dry creek bank at the edge of Log Hill 
Mesa, west of Dallas Creek. A burial investigation was conducted by 
staff from Western State College, Gunnison, CO. The human remains were 
transferred to the Colorado Historical Society in July 1994. No known 
individual was identified. The one associated funerary object is a late 
prehistoric arrow point fragment.
    The human remains represent a Native American male estimated to be 
50+ years of age. A charcoal sample in association with the individual 
yielded a radiocarbon date of 1390 +/- 50 years B.P.
    In November 1993, human remains representing a minimum of one 
individual were removed from private land in Montrose County, CO (OAHP 
Case Number 100; 5MN.4494). The human remains were inadvertently 
discovered by a private citizen who

[[Page 21396]]

observed them eroding from a stream bank near Colona, CO. A burial 
investigation was conducted by OAHP staff and additional skeletal 
elements were recovered in March 1995. No known individual was 
identified. No associated funerary objects are present.
    The human remains represent a Native American female estimated to 
be in her 50s. The estimated antiquity of the human remains is unknown.
    In May 1995, human remains representing a minimum of one individual 
were removed from private land in Montrose County, CO (OAHP Case Number 
111; 5MN.4781). The human remains were inadvertently discovered 
protruding from a steep slope following a mud slide in the west end of 
Montrose County. Officials from the Montrose County Sheriff's 
Department collected them and conducted a burial investigation. The 
human remains were transferred to the Colorado Historical Society in 
October 1995. No known individual was identified. No associated 
funerary objects are present.
    The antiquity, age and sex of the individual are unknown.
    In April 1997, human remains representing a minimum of one 
individual were removed from private land in Garfield County, CO (OAHP 
Case Number 133; 5GF.2432). The human remains were inadvertently 
discovered while a private citizen was excavating a house foundation in 
a subdivision near Crystal River. A burial investigation was conducted 
by OAHP staff. No known individual was identified. The six associated 
funerary objects are a one-handed mano, a two-handed mano, a 
hammerstone, a triangular chert biface, a small rounded stone, and a 
bone awl embedded in the left ear canal of the individual.
    The human remains represent a Native American female estimated to 
be 40-45 years of age. The associated funerary objects suggest an 
estimated antiquity of A.D. 1-1600.
    In 1978, human remains were removed from Eagle County, CO, by 
Colorado Department of Transportation (CDOT) Staff Archaeologist John 
Gooding, after discovery by a road improvement crew. In May 1998, human 
remains representing a minimum of one individual were discovered in a 
desk at CDOT (OAHP Case Number 148; 5EA.128). The human remains had 
been inadvertently separated from a Native American individual 
disinterred in 1978. CDOT staff tried to locate this individual to 
reunite the skeletal elements, but were unsuccessful and transferred 
the human remains to the Colorado Historical Society in September 1998. 
No known individual was identified. No associated funerary objects are 
present.
    Previous work at site 5EA.128 yielded a radiocarbon date of 2910 +/
-55 B.P.
    In July 2003, human remains representing a minimum of one 
individual were removed from private land in Chaffee County, CO (OAHP 
Case Number 213; 5CF.1622). The human remains were inadvertently 
discovered by a contractor while excavating an access ramp into the 
foundation of a private residence in a new subdivision west of Buena 
Vista. A burial investigation was conducted by OAHP staff. The human 
remains were transferred to the Colorado Historical Society in July 
2003. No known individual was identified. No associated funerary 
objects are present.
    The human remains represent a Native American male estimated to be 
35-50 years old. Morphological characteristics of the cranium suggest 
an estimated antiquity of A.D. 100-1870.
    Insufficient geographical, kinship, biological, archeological, 
linguistic, folkore, oral tradition, historical evidence or other 
information or expert opinion exists to reasonably establish cultural 
affiliation of the above individuals with any present-day Indian tribe, 
although physical anthropological evidence supports Native American 
identity.
    Officials of the Colorado Historical Society have determined that, 
pursuant to 25 U.S.C. 3001 (9-10), the human remains described above 
represent the physical remains of six individuals of Native American 
ancestry. Officials of the Colorado Historical Society also have 
determined that, pursuant to 25 U.S.C. 3001 (3)(A), the seven objects 
described 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 Colorado 
Historical Society have determined that, 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 associated 
funerary objects and any present-day Indian tribe.
    The Colorado Historical Society has determined that the human 
remains are "culturally unidentifiable" under NAGPRA, 43 C.F.R. 10.9 
(e)(6). Federal regulations currently preclude disposition of 
culturally unidentifiable human remains absent an overriding legal 
requirement or a recommendation from the Secretary of the Interior, 43 
C.F.R 10.9 (e)(6). In 2006, the Colorado Historical Society, in 
partnership with the Colorado Commission of Indian Affairs, Southern 
Ute Indian Tribe of the Southern Ute Reservation, Colorado, and 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 Native 
American human remains and associated funerary objects described above 
originated from inadvertent discoveries on state and private lands in 
Ouray, Montrose, Garfield, Eagle and Chaffee Counties, CO, and are 
located in the Basin and Plateau Consultation Region, established by 
the Process.
    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 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 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.
    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains and/

[[Page 21397]]

or associated funerary objects should contact Sheila Goff, NAGPRA 
Liaison, Colorado Historical Society, 1300 Broadway, Denver, CO 80203, 
telephone (303) 866-4531, before June 8, 2009. Disposition of the human 
remains and associated funerary objects to the Southern Ute Indian 
Tribe of the Southern Ute Reservation, Colorado, and Ute Mountain Tribe 
of the Ute Mountain Reservation, Colorado, New Mexico & Utah may 
proceed after that date if no additional claimants come forward.
    The Colorado Historical Society is responsible for notifying the 
Apache Tribe of Oklahoma; Arapahoe Tribe of the Wind River Reservation 
of Wyoming; Cheyenne and Arapaho Tribes, Oklahoma; Cheyenne River Sioux 
Tribe of the Cheyenne River Reservation, South Dakota; Comanche Nation, 
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 Nation, 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; Ohkay 
Owingeh, New Mexico; Paiute Indian Tribe of Utah; 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 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; 
San Juan Southern Paiute Tribe of Arizona; Shoshone-Bannock Tribes of 
the Fort Hall Reservation of Idaho; Shoshone Tribe of the Wind River 
Reservation, Wyoming; Southern Ute Indian Tribe of the Southern Ute 
Indian 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 & 
Tawakoni), Oklahoma; Ysleta del Sur Pueblo of Texas; and Zuni Tribe of 
the Zuni Reservation, New Mexico that this notice has been published.

    Dated: April 13, 2009.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-10560 Filed 5-6-09; 8:45 am]

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