[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Notices]
[Pages 43715-43716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18353]


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DEPARTMENT OF THE INTERIOR

National Park Service

[2253-665]


Notice of Inventory Completion: University of Colorado Museum, 
Boulder, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The University of Colorado Museum has completed an inventory 
of human remains and associated funerary objects, in consultation with 
the appropriate Indian tribes, and has determined that there is a 
cultural affiliation between the human remains and associated funerary 
objects and present-day Indian tribes. Representatives of any Indian 
tribe that believes itself to be culturally affiliated with the human 
remains and associated funerary objects may contact the University of 
Colorado Museum.

[[Page 43716]]

Repatriation of the human remains and associated funerary objects to 
the Indian tribes stated below may occur if no additional claimants 
come forward.

DATES: Representatives of any Indian tribe that believes it has a 
cultural affiliation with the human remains and associated funerary 
objects should contact the University of Colorado Museum at the address 
below by August 22, 2011.

ADDRESSES: Steve Lekson, Curator of Anthropology, University of 
Colorado Museum, in care of Jan Bernstein, NAGPRA Consultant, Bernstein 
& Associates, 1041 Lafayette St., Denver, CO 80218, telephone (303) 
894-0648.

SUPPLEMENTARY INFORMATION: 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 possession and control of the 
University of Colorado Museum, Boulder, CO. The human remains and 
associated funerary objects were removed from Bell County, KY, and 
Summers County, WV.
    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.

Consultation

    A detailed assessment of the human remains was made by University 
of Colorado Museum professional staff in consultation with 
representatives of the Absentee-Shawnee Tribe of Indians of Oklahoma; 
Cherokee Nation, Oklahoma; Chickasaw Nation, Oklahoma; Eastern Band of 
Cherokee Indians of North Carolina; Eastern Shawnee Tribe of Oklahoma; 
Shawnee Tribe, Oklahoma; and United Keetoowah Band of Cherokee Indians 
in Oklahoma.

History and Description of the Remains

    On an unknown date, human remains representing a minimum of two 
individuals were removed from a cave near Pineville, in Bell County, 
KY, by Gervis W. Hoofnagle (1886-1959), an avocational archeologist. No 
known individuals were identified. The associated funerary objects are 
five non-human rib bones (four of which have been modified to come to a 
point at one end).
    Mr. Hoofnagle's widow, Alice G. Hoofnagle, sold his collection to 
the University of Colorado Museum in March 1961. In February 2008, the 
human remains and associated funerary objects were found in the museum. 
Based on reasonable evidence provided during consultation, the human 
remains are Native American. The same evidence supports cultural 
affiliation to all three Federally-recognized Cherokee tribes--Cherokee 
Nation, Oklahoma; Eastern Band of Cherokee Indians of North Carolina; 
and United Keetoowah Band of Cherokee Indians in Oklahoma. Traditional 
Cherokee burials are found in rock crevices and caves; traditional 
Cherokee burials include non-human bones such as the sharpened rib 
bones found with this burial. A portion of Bell County, KY, is within 
the aboriginal territory of the Cherokee based on a final judgment of 
the Indian Claims Commission. In addition, Bell County, KY, is within 
the aboriginal territory of the Cherokee based on reasonable evidence 
presented during consultation.
    On an unknown date, human remains representing a minimum of one 
individual were removed from Burial 2, Farley site, on the New River, 
near Hinton, in Summers County, WV, by Hoofnagle (1886-1959). No known 
individual was identified. The associated funerary objects are two bear 
teeth.
    This individual was part of the Hoofnagle collection sold to the 
University of Colorado Museum in March 1961. Based on tooth wear and 
the associated funerary objects, the human remains are Native American. 
During consultation, reasonable evidence was presented in support of 
Summers County, WV, being within the aboriginal territory of the 
Cherokee. Also during consultation, reasonable evidence was presented 
in support of continuity in the utilization of animal parts, such as 
bear teeth, in traditional Cherokee burials.

Determinations Made by the University of Colorado Museum

    Officials of the University of Colorado Museum have determined 
that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
above represent the physical remains of three individuals of Native 
American ancestry.
     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.
     Pursuant to 25 U.S.C. 3001(2), there is a relationship of 
shared group identity that can be reasonably traced between the Native 
American human remains and associated funerary objects and the Cherokee 
Nation, Oklahoma; Eastern Band of Cherokee Indians of North Carolina; 
and United Keetoowah Band of Cherokee Indians in Oklahoma.

Additional Requestors and Disposition

    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains and associated funerary 
objects should contact Steve Lekson, Curator of Anthropology, 
University of Colorado Museum, in care of Jan Bernstein, NAGPRA 
Consultant, Bernstein & Associates, 1041 Lafayette St., Denver, CO 
80218, telephone (303) 894-0648, before August 22, 2011. Repatriation 
of the human remains and associated funerary objects to the Cherokee 
Nation, Oklahoma; Eastern Band of Cherokee Indians of North Carolina; 
and United Keetoowah Band of Cherokee Indians in Oklahoma, may proceed 
after that date if no additional claimants come forward.
    The University of Colorado Museum is responsible for notifying the 
Absentee-Shawnee Tribe of Indians of Oklahoma; Cherokee Nation, 
Oklahoma; Chickasaw Nation, Oklahoma; Eastern Band of Cherokee Indians 
of North Carolina; Eastern Shawnee Tribe of Oklahoma; Shawnee Tribe, 
Oklahoma; and United Keetoowah Band of Cherokee Indians in Oklahoma, 
that this notice has been published.

    Dated: July 14, 2011.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2011-18353 Filed 7-20-11; 8:45 am]
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