[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50095-50097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20062]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-13600; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: History Colorado, Formerly 
Colorado Historical Society, Denver, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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[[Page 50096]]

SUMMARY: History Colorado, formerly Colorado Historical Society, has 
completed an inventory of human remains, in consultation with the 
appropriate Indian tribes or Native Hawaiian organizations, and has 
determined that there is no cultural affiliation between the human 
remains and any present-day Indian tribes or Native Hawaiian 
organizations. Representatives of any Indian tribe Native Hawaiian 
organization not identified in this notice that wish to request 
transfer of control of these human remains should submit a written 
request to History Colorado. If no additional requestors come forward, 
transfer of control of the human remains to the Indian tribes or Native 
Hawaiian organizations stated in this notice may proceed.

DATES: Representatives of any Indian tribe or Native Hawaiian 
organization not identified in this notice that wish to request 
transfer of control of these human remains should submit a written 
request with information in support of the request to History Colorado 
at the address in this notice by September 16, 2013.

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

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 under 
the control of History Colorado, Denver, CO. Four sets of remains were 
received from the Mesa County Coroner and one set of remains was 
received from the Park County Coroner. The exact locations from which 
the 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. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by History 
Colorado professional staff in consultation with representatives of the 
Arapaho Tribe of the Wind River Reservation, Wyoming; Cheyenne and 
Arapaho Tribes (previously listed as the Cheyenne-Arapaho Tribes of 
Oklahoma); Comanche Nation, Oklahoma; Crow Creek Sioux Tribe of the 
Crow Creek Reservation, South Dakota; 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 (previously listed as the Oglala Sioux 
Tribe of the Pine Ridge Reservation, South Dakota); Ohkay Owingeh, New 
Mexico (previously listed as 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 Isleta, New Mexico; 
Pueblo of Jemez, New Mexico; Pueblo of Nambe, New Mexico; Pueblo of 
Picuris, New Mexico; Pueblo of San Felipe, New Mexico; Pueblo of San 
Ildefonso, New Mexico; Pueblo of Santa Ana, New Mexico; Pueblo of Santa 
Clara, 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; Cheyenne River Sioux Tribe of 
the Cheyenne River Reservation, South Dakota; Crow Tribe of Montana; 
Kewa Pueblo, New Mexico (previously listed as the Pueblo of Santo 
Domingo); Pueblo of Cochiti, New Mexico; Pueblo of Laguna, New Mexico; 
Pueblo of Pojoaque, New Mexico; Pueblo of Sandia, 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; 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 
participate. Hereafter, all tribes listed above are referred to as 
``The Consulted and Invited Tribes.''

History and Description of the Remains

    At an unknown date, human remains representing, at minimum, four 
individuals were removed from an unknown location or locations by a 
private citizen. In June 2012, the human remains were found in a 
private home in Mesa County, CO, and were turned over to law 
enforcement authorities. The private citizen had previously lived in 
several cities in Colorado, including Alamosa, Durango, Cory, and 
Whitewater. Subsequently, the Mesa County Coroner ruled out a forensic 
interest in the human remains and turned them over to the Office of the 
State Archaeologist (OSAC), where they are identified as Office of 
Archaeology and Historic Preservation (OAHP) Case Number 289. 
Osteological analysis by Dr. Catherine Gaither indicates that the human 
remains are consistent with archaeological materials and are likely of 
Native American ancestry. No known individuals were identified. Pottery 
sherds and fossils were found in the box with the remains, but their 
relationship to the remains is unknown, and they are not considered 
associated funerary objects.
    In June 2012, human remains representing, at minimum, one 
individual were found by a highway survey worker between two rocks at 
the side of the road. The worker contacted the Park County Sheriff who, 
along with the Park County Coroner, ruled out a forensic interest in 
the human remains. Osteological analysis by Dr. Catherine Gaither 
indicates the remains are consistent with archaeological materials and 
are likely of Native American ancestry. The remains were transferred to 
the OSAC, where they are identified as OAHP Case Number 291. No known 
individuals were identified. No associated funerary objects are 
present.
    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 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

[[Page 50097]]

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 tribes consulted are those 
who have ancestral ties to Colorado, based on the limited 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 the 
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 the 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 on March 15, 2010, to provide 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. As there is no evidence 
indicating that the human remains reported in this notice originated 
from tribal or aboriginal lands, they are eligible for disposition 
under the Process.

Determinations Made by History Colorado

    Officials of History Colorado have determined that:
     Based on osteological analysis, the human remains are 
Native American.
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice represent the physical remains of five 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 and any present-day Indian tribe.
     Pursuant to 43 CFR 10.11(c)(2)(ii) and the Process, the 
disposition of the human remains may be 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.

Additional Requestors and Disposition

    Representatives of any Indian tribe or Native Hawaiian organization 
not identified in this notice that wish to request transfer of control 
of these human remains should submit a written request with information 
in support of the request to Sheila Goff, NAGPRA Liaison, History 
Colorado, 1200 Broadway, Denver, CO 80203, telephone (303) 866-4531, 
email [email protected] by September 16, 2013. After that date, 
if no additional requestors have come forward, 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.
    History Colorado is responsible for notifying The Consulted and 
Invited Tribes that this notice has been published.

    Dated: July 22, 2013.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. 2013-20062 Filed 8-15-13; 8:45 am]
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