[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13629-13631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5587]


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DEPARTMENT OF THE INTERIOR

National Park Service

[2253-665]


Notice of Inventory Completion: History Colorado, Denver, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: History Colorado (formerly the Colorado Historical Society) 
has

[[Page 13630]]

completed an inventory of human remains, in consultation with the 
appropriate Indian tribes, and has determined that there is 
insufficient evidence to reasonably establish cultural affiliation 
between the human remains and present-day Indian tribes. 
Representatives of any Indian tribe that believes itself to be 
culturally affiliated with the human remains may contact History 
Colorado. Disposition of the human remains 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 should contact History 
Colorado at the address below by April 6, 2012.

ADDRESSES: Sheila Goff, NAGPRA Liaison, History Colorado, 1200 
Broadway, Denver, CO 80203, telephone (303) 866-4531.

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 under the control of History Colorado, 
Denver, CO. The human remains were recovered from Rio Blanco and Routt 
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) and 
43 CFR 10.11(d). 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. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    In 2010 and 2011, a detailed assessment of the human remains was 
made by History Colorado professional staff in consultation with 
representatives of the Jicarilla Apache Nation, New Mexico; Ohkay 
Owingeh, New Mexico (formerly the Pueblo of San Juan); Paiute Indian 
Tribe of Utah (Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem 
Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of 
Paiutes) (formerly Paiute Indian Tribe of Utah (Cedar City Band of 
Paiutes, Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian 
Peaks Band of Paiutes, and Shivwits Band of Paiutes)); Pueblo of 
Cochiti, New Mexico; Pueblo of San Ildefonso, New Mexico; Pueblo of 
Santa Clara, New Mexico; Shoshone Tribe of the Wind River Reservation, 
Wyoming; Southern Ute Indian Tribe of the Southern Ute Reservation, 
Colorado; Ute Indian Tribe of the Uintah & Ouray Reservation, Utah; and 
the Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New 
Mexico & Utah. The following Tribes were invited to consult but did not 
participate: Kiowa Indian Tribe of Oklahoma; Pueblo of Santa Ana, New 
Mexico; Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho; 
and the Zuni Tribe of the Zuni Reservation, New Mexico.

History and Description of Remains

    In the 1930s, human remains representing, at minimum, one 
individual were removed from Routt County, CO, on or near the Sullivan 
Ranch by a private citizen. They are identified as Office of 
Archaeology and Historic Preservation (OAHP) Case Number 271. In March 
2009, after the citizen passed away, the remains were turned over to 
the Department of Archaeology and Historic Preservation of the state of 
Washington by his descendants, requesting that they be returned to the 
land they originated from in Colorado. The remains were transferred to 
History Colorado in March 2010 for disposition under NAGPRA. No known 
individuals were identified. No associated funerary objects are 
present.
    The citizen was employed as a sheepherder on the Sullivan Ranch at 
the time he removed the remains. He later moved to Washington, taking 
the remains with him. The Washington State Physical Anthropologist 
determined that the remains were of Native American ancestry.
    In November 2007, human remains representing, at minimum, one 
individual were discovered in a recently purchased home in Rio Blanco 
County, CO, by a private citizen. She notified the county sheriff, who 
collected the remains. They were transferred to History Colorado in 
June 2010. The remains are identified as OAHP Case Number 273. No known 
individuals were identified. No associated funerary objects are 
present.
    An unidentified person, who apparently collected the remains, gave 
the remains to the previous homeowner decades earlier. Osteological 
analysis arranged by the county sheriff determined that they are of 
Native American ancestry.

Determinations Made by History Colorado

    Officials at History Colorado have determined that:
     Pursuant to 25 U.S.C. 3001(9)-(10), the human remains 
described above represent the physical remains of two individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001 (2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains described above and any present-day Indian tribe.
    History Colorado has determined that the human remains are 
``culturally unidentifiable'' under NAGPRA, 43 CFR 10.9 (e)(6). In 
2006, History Colorado, 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 consultations with 
the tribes that have 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, titled: 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 remains described above 
were recovered from the Basin and Plateau Consultation Region, as 
established by the Process, and tribes consulted are those who have 
expressed their wishes to be notified of discoveries in this region.
    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, and 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

[[Page 13631]]

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.
    43 CFR 10.11 was promulgated March 15, 2010, providing a process 
for the disposition of culturally unidentifiable Native American human 
remains recovered from tribal or aboriginal lands as established by the 
final judgment of the Indian Claims Commission or U.S. Court of Claims, 
a treaty, Act of Congress, or Executive Order, or other authoritative 
governmental sources. There is no evidence indicating that the human 
remains reported in this notice originated from tribal or aboriginal 
lands, making them eligible for disposition under the Process.

Additional Requestors and Disposition

    Representatives of any other Indian tribe that believes itself to 
be culturally affiliated with the human remains should contact Sheila 
Goff, NAGPRA Liaison, History Colorado, 1200 Broadway, Denver, CO 
80203, telephone (303) 866-4531, before April 6, 2012. Transfer of 
control of the human remains to the Southern Ute Indian Tribe of the 
Southern Ute Reservation, Colorado, and the Ute Mountain Tribe of the 
Ute Mountain Reservation, Colorado, New Mexico & Utah may proceed after 
that date if no additional claimants come forward.
    History Colorado is responsible for notifying the Apache Tribe of 
Oklahoma; Arapahoe Tribe of the Wind River Reservation, 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; Kewa Pueblo, New 
Mexico (formerly Pueblo of Santo Domingo); 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 Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of 
Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes) 
(formerly Paiute Indian Tribe of Utah (Cedar City Band of Paiutes, 
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 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 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 
the Zuni Tribe of the Zuni Reservation, New Mexico, that this notice 
has been published.

    Dated: March 2, 2012
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2012-5587 Filed 3-6-12; 8:45 am]
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