[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Pages 21385-21388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10539]


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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 
Adams, Douglas, Jefferson, Las Animas, Larimer, Pueblo, and Weld 
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 August 1998, human remains representing a minimum of one 
individual were removed from private land in Weld County, CO (Office of 
Archaeology and Historic Preservation (OAHP) Case Number 153). The 
human remains were inadvertently discovered while a private citizen was 
excavating a house foundation and the burial context was destroyed by 
the backhoe. The human remains were removed by the Weld County Coroner. 
In November 2001, the human remains were transferred to the Colorado 
Historical Society. No known individual was identified. No associated 
funerary objects are present.
    The antiquity, age and sex of the individual are unknown.
    In June 1999, human remains representing a minimum of one 
individual were removed from private land in Pueblo County, CO (OAHP 
Case Number 162). The human remains were exposed by the flooding of the 
St. Charles River west of Pueblo, and were found against the wall of a 
canyon, at the edge of the floodplain. A burial investigation was 
conducted by staff from OAHP with a representative of the Colorado 
Commission of Indian Affairs present. No known individual was 
identified. No associated funerary objects are present.
    The human remains represent a Native American female estimated to 
be 20-25 years of age. The estimated antiquity of the human remains is 
unknown.
    In December 2000, human remains representing a minimum of one 
individual were removed from private land in Adams County, CO (OAHP 
Case Number 186). The human remains were inadvertently discovered while 
excavating a new home site in a housing development, which destroyed 
the burial context. Assessment of the site was conducted by the Adams 
County Sheriff's Department. In January 2001, the human remains were 
transferred to the Colorado Historical Society. No known individual was 
identified. No associated funerary objects are present.
    The antiquity, age and sex of the individual are unknown.
    In March 2001, human remains representing a minimum of one 
individual were removed from private land in Las Animas County, CO 
(OAHP Case Number 191; 5LA.9871). The human remains were inadvertently 
discovered by private citizens who observed them eroding from a 
hillside. A burial investigation was conducted by the Las Animas County 
Sheriff's Office, who removed additional skeletal elements. In June 
2001, the human remains were transferred to the Colorado Historical 
Society. No known individual was identified. The four associated 
funerary objects are one polished deer antler and three non-human 
bones.
    The human remains represent a Native American male between 35-45 
years old. The estimated antiquity of the human remains is unknown.
    In 1977, human remains representing a minimum of one individual 
were removed from the Torres Site (5LA.1310) on private land in Las 
Animas County, CO (OAHP Case Number 192). In 1977, the site was 
excavated by the Colorado Archaeological Society. In 2000, the human 
remains were found in the collections of the Colorado Historical 
Society. No known individual was identified. No associated funerary 
objects are present.

[[Page 21386]]

    Artifacts recovered from the site, but not associated with the 
individual, suggest a date of A.D. 900-1050 for the site, which belongs 
to the Graneros or Apishapa culture. The age and sex of the individual 
are unknown.
    In August 2001, human remains representing a minimum of two 
individuals were removed from state land in Douglas County, CO (OAHP 
Case Number 194; 5DA.1687). The human remains were inadvertently 
discovered during the construction of the Reuter-Hess Reservoir. A 
burial investigation was conducted by staff from the URS Corporation. 
In November 2002, the human remains were transferred to the Colorado 
Historical Society. No known individuals were identified. The 11 
associated funerary objects are 1 bone bead necklace, 1 freshwater 
mollusk shell fragment, 1 petrified wood uniface, 1 quartzite tertiary 
flake, 5 petrified wood flakes, and 2 quartzite flakes.
    The human remains represent a Native American female (12-18 years 
old) and a Native American subadult (sex unknown, 6-8 years old). The 
estimated antiquity of the human remains is A.D. 850-1150.
    In November 2001, human remains representing a minimum of one 
individual were removed from private land in Pueblo County, CO (OAHP 
Case Number 199; 5PE.4229). The human remains were inadvertently 
discovered by workers in the bottom of a commercial gravel pit. The 
area where the human remains had washed out of the gravel was located, 
and a burial investigation was conducted by OAHP staff, but no further 
skeletal elements were recovered. In November 2001, the human remains 
were transferred to the Colorado Historical Society. No known 
individual was identified. No associated funerary objects are present.
    The antiquity, age and sex of the individual are unknown.
    In July 2002, human remains representing a minimum of one 
individual were removed from private land in Las Animas County, CO 
(OAHP Case Number 206). The human remains were inadvertently discovered 
by two private citizens in a collapsed basement wall of a home. A site 
investigation was conducted by the Las Animas County Coroner and the 
Archaeology Director of Louden Heinritze Museum, who excavated 
additional skeletal elements. In December 2002, the human remains were 
transferred to the Colorado Historical Society. No known individual was 
identified. No associated funerary objects are present.
    The human remains represent an elderly Native American female. The 
estimated antiquity of the human remains is unknown.
    In March 1978, human remains representing a minimum of one 
individual were removed from private land in Arvada, Jefferson County, 
CO (OAHP Case Number 207). The human remains were inadvertently 
discovered by a private citizen on his property, during home 
construction. Officers from the Arvada Police Department were notified 
and took the human remains into custody. After determining them to be 
archeological, the Arvada Police delivered them to the Arvada Center to 
await transfer to the Colorado Native American Heritage Council. The 
human remains were overlooked and inadvertently discovered in a 
collections storage area of the Arvada Center in 2003. In November 
2003, the human remains were transferred to the Colorado Historical 
Society. No known individual was identified. No associated funerary 
objects are present.
    The human remains represent a Native American female, 18-24 years 
of age. The estimated antiquity of the human remains is unknown.
    In May 2004, human remains representing a minimum of one individual 
were removed from municipal land in Adams County, CO (OAHP Case Number 
218; 5AM.1733). The human remains were inadvertently discovered by road 
construction workers. CDOT archeologists conducted the burial 
investigation. No known individual was identified. The two associated 
funerary objects are projectile points.
    The human remains represent a Native American adult male. 
Projectile points and radiocarbon dating of charcoal suggest a date of 
206040 B.P.
    In October 2004, human remains representing a minimum of one 
individual were removed from private land in Weld County, CO (OAHP Case 
Number 224; 5WL.4840). The human remains were inadvertently discovered 
by workers in a gas pipeline trench. A burial investigation was 
conducted by University of Northern Colorado staff, who removed the 
remaining skeletal elements. In November 2004, the human remains were 
transferred to the Colorado Historical Society. No known individual was 
identified. No associated funerary objects are present.
    The human remains represent a Native American adult female. 
Charcoal associated with the burial was dated to A.D. 690.
    In May 2005, human remains representing a minimum of one individual 
were removed from private land in Weld County, CO (OAHP Case Number 
229; 5WL.4883). The human remains were inadvertently discovered on 
eroded lands adjacent to a campground, and a burial investigation was 
conducted by OAHP staff. In May 2005, the human remains were 
transferred to the Colorado Historical Society. No known individual was 
identified. No associated funerary objects are present.
    The human remains represent a Native American adult female, 
approximately 30 years of age. The estimated antiquity of the human 
remains is unknown.
    Sometime prior to 2006, human remains representing a minimum of two 
individuals were removed from private land in Buffman Canyon, Larimer 
County, CO (OAHP Case Number 238; 5LR11716 and 5LR.11717). The 
landowner conducted the burial investigations and later transferred the 
human remains to Colorado State University in April 2006. In July 2007, 
the human remains were transferred to Colorado Historical Society. No 
known individuals were identified. No associated funerary objects are 
present.
    The human remains represent one Native American female, 
approximately 45 years old and one Native American male, approximately 
35 years old. The female was inadvertently discovered while 
constructing a house and the male was discovered during quarrying 
operations by the landowner. The estimated antiquity of the human 
remains is unknown.
    In December 2006, human remains representing a minimum of one 
individual were removed from private land in Douglas County, CO (OAHP 
Case Number 245). The human remains were inadvertently discovered while 
backfilling a large utility trench, and the burial context was 
destroyed. In February 2007, the human remains were transferred to the 
Colorado Historical Society. No known individual was identified. No 
associated funerary objects are present.
    The human remains represent a young Native American male. The 
estimated antiquity of the human remains is unknown.
    In March 2004, human remains representing a minimum of one 
individual were removed from private land in Douglas County, CO (OAHP 
Case Number 248). The human remains were inadvertently discovered while 
digging a house foundation trench in Parker. A burial investigation was 
conducted by the Douglas County Coroner's Office. In April 2007, the 
human remains were transferred to the Colorado Historical Society. No 
known individual was identified. No associated funerary objects are 
present.

[[Page 21387]]

    The human remains represent a Native American female, 40-60 years 
old. The estimated antiquity of the human remains is unknown.
    In December 2008, human remains representing a minimum of one 
individual were removed from private land in Weld County, CO (OAHP Case 
Number 266; 5WL.5995). The human remains were inadvertently discovered 
while digging a trench to repair a gas pipeline. The burial context had 
been greatly disturbed. A burial investigation was conducted by OAHP 
staff, who removed additional skeletal elements. In February 2009, the 
human remains were transferred to the Colorado Historical Society. No 
known individuals were identified. The four associated funerary objects 
are three bifaces and one flake.
    The human remains represent a Native American male, 40-50 years of 
age. The estimated antiquity of the human remains is unknown.
    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 18 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 21 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 CFR 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 
CFR 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 Colorado State and private 
lands in Adams, Douglas, Jefferson, Las Animas, Larimer, Pueblo, and 
Weld Counties, CO, and are located in the Great Plains 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/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 Ute Tribe of the Ute Mountain Reservation, Colorado, New 
Mexico & Utah; Wichita and Affiliated Tribes (Wichita, Keechi, Waco & 
Tawakoni),

[[Page 21388]]

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. E9-10539 Filed 5-6-09; 8:45 am]
BILLING CODE 4312-50-S