[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Pages 42510-42513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17631]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-10729; 2200-1100-665]


Notice of Inventory Completion: History Colorado, Denver, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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[[Page 42511]]

SUMMARY: History Colorado (formerly the Colorado Historical Society) 
has completed an inventory of human remains and associated funerary 
objects, 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 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 History Colorado. 
Disposition 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 History Colorado at the address below by August 
20, 2012.

ADDRESSES: Sheila Goff, NAGPRA Liaison, History Colorado, 1200 
Broadway, Denver, CO 80203, telephone (303) 866-4561.

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. One set of remains was discovered in Rio Blanco County, CO. 
The exact locations from which the three additional sets of human 
remains were recovered are unknown.
    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 and associated funerary 
objects. The National Park Service is not responsible for the 
determinations in this notice.

Consultation

    In 2012, a detailed assessment of the human remains and associated 
funerary objects was made by History Colorado professional staff in 
consultation with representatives of the Arapahoe Tribe of the Wind 
River Reservation, Wyoming; Cheyenne and Arapaho Tribes, Oklahoma 
(formerly the Cheyenne-Arapaho Tribes of 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); 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; 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 Laguna, New 
Mexico; Pueblo of Picuris, 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 Zia, New Mexico; Shoshone Tribe of the Wind River Reservation, 
Wyoming; Southern Ute Indian Tribe of the Southern Ute Indian 
Reservation, Colorado; Three Affiliated Tribes of the Fort Berthold 
Reservation, North Dakota; Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico & Utah; Wichita and Affiliated Tribes 
(Wichita, Keechi, Waco & Tawakonie), Oklahoma; Ysleta del Sur Pueblo of 
Texas; and the Zuni Tribe of the Zuni Reservation, New Mexico.
    The Apache Tribe of Oklahoma; Kiowa Indian Tribe of Oklahoma; 
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Pueblo 
of Isleta, New Mexico; Pueblo of Jemez, New Mexico; Pueblo of Nambe, 
New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of San Felipe, New 
Mexico; Pueblo of Tesuque, 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; Standing Rock Sioux Tribe of North & South Dakota; and the 
Ute Indian Tribe of the Uintah & Ouray Reservation, Utah, were invited 
to consult but did not respond.

History and Description of the Remains

    In November 2011, human remains representing, at minimum, one 
individual were inadvertently discovered by a utility crew excavating a 
flow line within an active oil field owned by Chevron Oil Company in 
Rio Blanco County, CO. The Office of the State Archaeologist was 
notified and conferred with the Colorado Commission of Indian Affairs, 
the Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New 
Mexico & Utah, and the landowner. Because the unmarked burial was 
threatened, the remains were disinterred and transferred to History 
Colorado. They are identified as Office of Archaeology and Historic 
Preservation (OAHP) Case Number 282. Osteological analysis determined 
the remains are of Native American ancestry. No known individuals were 
identified. The five associated funerary objects are 1 round 
hammerstone, 2 bone pendants, 1 grayware pottery sherd, and 1 bone awl. 
The estimated antiquity is unknown.
    At an unknown date, a schoolteacher obtained human remains 
representing, at minimum, one individual. In 2011, after the teacher 
retired, his successor discovered the remains in the classroom and 
turned them over to Jefferson County law enforcement, who notified the 
Office of the State Archaeologist. The remains were transferred to 
History Colorado in December 2011. They are identified as OAHP Case 
Number 283. The location from which the remains were removed is not 
known. Osteological analysis determined that the remains are of Native 
American ancestry. No known individuals were identified. No associated 
funerary objects are present. The estimated antiquity is unknown.
    Sometime in 1987, human remains representing, at minimum, one 
individual were removed from Park County, CO, although the exact 
location is unknown. In 1988, the human remains were transferred to Dr. 
Michael Charney, a former professor at Colorado State University. Dr. 
Charney's analysis determined that they were not of forensic interest 
and that the remains are of Native American ancestry. He reported this 
to the Park County Coroner and retained the remains. In 1998, the 
remains were claimed as private property by the widow of Dr. Charney 
after his death. The human remains were subsequently taken into custody 
by the Larimer County Sheriff's Office. Following litigation in 2006, 
the remains were inadvertently returned to Park County because the box 
they were in stated they were of forensic interest. In December 2011, 
the Park County Coroner discovered the error and transferred the 
remains to History Colorado, who had previously received

[[Page 42512]]

a court order to repatriate all Native American human remains formerly 
in the possession of Dr. Charney, in accordance with Colorado State 
burial law and NAGPRA. They are identified as OAHP Case Number 284. 
Additional osteological analysis by History Colorado confirmed that the 
remains are of Native American ancestry. No known individuals were 
identified. No associated funerary objects are present. The estimated 
antiquity is unknown.
    In August 2011, a private citizen reported a discovery of human 
remains representing, at minimum, one individual to the Clear Creek 
County coroner. They are identified as OAHP Case Number 285. They were 
found near the site of a house that had burned down in October 2010. 
The exact location of removal is unknown. The Office of the State 
Archaeologist was notified and the remains were transferred to History 
Colorado in December 2011. Osteological analysis determined that the 
remains are of Native American ancestry. No known individuals were 
identified. No associated funerary objects are present. The estimated 
antiquity is unknown.

Determinations Made by History Colorado

    Officials at History Colorado 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 described above and any present-day Indian tribe.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
above represent the physical remains of four individuals of Native 
American ancestry.
     Pursuant 25 U.S.C. 3001(3)(A), the five objects described 
above are reasonably believed to have been placed with or near the 
individual human remains at the time of death or later as a part of the 
death rite ceremony.
    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 the 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).
    OAHP 282 was recovered from Rio Blanco County, which is located in 
the Basin and Plateau Consultation Region, as established by the 
Process. Tribes with known aboriginal ties to this region and those who 
have asked to be notified of discoveries in the Basin and Plateau 
Consultation Region were invited to consult for OAHP 282. All tribes 
with ancestral ties to Colorado were invited to consult regarding OAHP 
283-285, due to their vague provenience information.
    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.
    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 August 20, 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

[[Page 42513]]

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 & Tawakonie), 
Oklahoma; Ysleta del Sur Pueblo of Texas; and the Zuni Tribe of the 
Zuni Reservation, New Mexico that this notice has been published.

    Dated: June 27, 2012.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2012-17631 Filed 7-18-12; 8:45 am]
BILLING CODE 4312-50-P