[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53767-53768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21522]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-16365; PPWOCRADN0-PCU00RP14.R50000]


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

AGENCY: National Park Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

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 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 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 October 10, 2014.

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. Three sets of remains were 
received from the La Plata County Coroner. They were recovered from 
western Durango, 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

    A detailed assessment of the human remains was made by History 
Colorado professional staff in consultation with representatives of the 
Hopi Tribe of Arizona; Jicarilla Apache Nation, New Mexico; Navajo 
Nation, Arizona, New Mexico & Utah; Pueblo of Acoma, New Mexico; Pueblo 
of Isleta, New Mexico; Pueblo of Jemez, New Mexico; Pueblo of Laguna, 
New Mexico; Pueblo of Nambe, 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; Southern Ute Indian Tribe of the Southern Ute Indian 
Reservation, Colorado; Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico & Utah; Ysleta del Sur Pueblo of 
Texas; and Zuni Tribe of the Zuni Reservation, New Mexico. The Kewa 
Pueblo, New Mexico (previously listed as the Pueblo of Santo Domingo); 
Ohkay Owingeh, New Mexico (previously listed as the Pueblo of San 
Juan); Pueblo of Picuris, New Mexico; Pueblo of San Felipe, New Mexico; 
Pueblo of Taos, New Mexico; Pueblo of Tesuque, New Mexico and Pueblo of 
Zia, New Mexico, 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

    In 1958, human remains representing, at minimum, three individuals 
were removed from dirt piles during the construction of a subdivision 
in the western part of Durango by a private citizen as a child. The 
citizen turned them over to the La Plata County Coroner in September 
2013, who 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 299. Osteological analysis by Dr. Catherine Gaither 
indicates that the human remains are likely of Native American 
ancestry. 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 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 expressed their wishes to be notified of discoveries 
in the Southwest Consultation Region as established by the Process, 
where this individual originated.
    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

[[Page 53768]]

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 three 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 October 10, 2014. 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 30, 2014.
Melanie O'Brien,
Acting Manager, National NAGPRA Program.
[FR Doc. 2014-21522 Filed 9-9-14; 8:45 am]
BILLING CODE 4312-50-P