[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Pages 21393-21395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10558]


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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 
Alamosa, Costilla, La Plata, and Saguache 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 April 1997, human remains representing a minimum of one 
individual were removed from private land in Costilla County, CO 
(Office of Archaeology and Historic Preservation (OAHP) Case Number 
132; 5CT.271). The human remains were inadvertently discovered on the 
surface of the land by a private citizen looking for antler sheds on 
the Blanca Trinchera Ranch. The human remains were transferred to 
Colorado College by Costilla County

[[Page 21394]]

authorities. In August 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 a Native American female estimated to 
be 35-50 years old. The antiquity of the human remains is unknown.
    In June or July 2000, human remains representing a minimum of two 
individuals were removed from municipal land in Saguache County, CO 
(OAHP Case Number 182; 5SH.1858). A teenage boy observed the human 
remains eroding from a road cut, and delivered them to the Saguache 
County Sheriff's Office. In July 2002, the human remains were 
transferred to the Colorado Historical Society. No known individuals 
were identified. No associated funerary objects are present.
    The human remains represent one Native American adult (estimated to 
be 50 years old) and one Native American subadult (estimated to be 
between the ages of 7 and 11). The antiquity of the human remains is 
unknown.
    In April 2005, human remains representing a minimum of one 
individual were removed from private land in Saguache County, CO (OAHP 
Case Number 226; 5SH.2410). The human remains were inadvertently 
discovered by a contractor excavating a trench for an electrical line 
in the Baca Grande subdivision. A burial investigation was conducted by 
OAHP staff, who recovered more skeletal elements. In April 2005, the 
human remains were transferred to the Colorado Historical Society. No 
known individual was identified. The four associated funerary objects 
are two manos, one metate, and one bone awl tip.
    The human remains represent an elderly Native American male. The 
antiquity of the human remains is unknown.
    In April 2005, human remains representing a minimum of one 
individual were removed from municipal land in La Plata County, CO 
(OAHP Case Number 227; 5LP.7801). Employees of the Durango and 
Silverton Narrow Gauge Railroad inadvertently discovered the human 
remains eroding from an embankment along railroad tracks. OAHP staff 
assessed the site, and Fort Lewis College staff conducted additional 
excavation. In July 2006, the human remains were transferred to the 
Colorado Historical Society. No known individual was identified. The 
one associated funerary object is an Olivella shell bead.
    The human remains represent a Native American subadult, estimated 
to be 2-3 years old. Based on the associated funerary object, the 
estimated antiquity is 500 B.C. to A.D. 900.
    In 1987, human remains representing a minimum of two individuals 
were removed from county land in Alamosa County, CO (OAHP Case Number 
250; 5AL.396). The human remains were inadvertently exposed during road 
maintenance activities on an Alamosa County road. The Rio Grande 
National Forest Archaeologist conducted a burial investigation and 
placed the human remains in the custody of the Anasazi Heritage Center. 
In 2007, the Bureau of Land Management transferred the human remains to 
the Colorado Historical Society, since they had not originated from 
Federal land. No known individuals were identified. The 30 associated 
funerary objects are 29 juniper beads and 1 partial canid skeleton.
    The human remains represent a Native American female, estimated to 
be 50 years old and one Native American individual, sex and age 
unknown. The estimated antiquity 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 seven 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 35 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.
    Colorado Historical Society has determined that these 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 Alamosa, Costilla, La Plata, and Saguache Counties, CO, and 
are located in the Southwest 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.

[[Page 21395]]

    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), 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. E9-10558 Filed 5-6-09; 8:45 am]
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