[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Notices]
[Pages 61786-61788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24308]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0032962; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Fort Lewis College, Durango, CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: Fort Lewis College has completed an inventory of human remains 
and associated funerary objects 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 
associated funerary objects 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 and associated 
funerary objects should submit a written request to the Office of the 
President, Fort Lewis College. If no additional requestors come 
forward, transfer of control of the human remains and associated 
funerary objects 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 and associated funerary 
objects should submit a written request with information in support of 
the request to the Office of the President, Fort Lewis College at the 
address in this notice by December 8, 2021.

FOR FURTHER INFORMATION CONTACT: Kathleen Fine-Dare, NAGPRA Liaison, 
Office of the President, Fort Lewis

[[Page 61787]]

College, 1000 Rim Drive, Durango, CO 81301, telephone (970) 247-7438, 
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 and 
associated funerary objects under the control of Fort Lewis College, 
Durango, CO. The human remains and associated funerary objects were 
removed from unknown locations, most likely in the American Southwest.
    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 10.9(e). 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 and associated funerary 
objects was made by Fort Lewis professional staff in consultation with 
representatives of the Hopi Tribe of Arizona; Jicarilla Apache Nation, 
New Mexico; Navajo Nation, Arizona, New Mexico, & Utah; Ohkay Owingeh, 
New Mexico [previously listed as Pueblo of San Juan]; 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; Santo 
Domingo Pueblo [previously listed as Kewa Pueblo, New Mexico and as 
Pueblo of Santo Domingo]; Southern Ute Indian Tribe of the Southern Ute 
Reservation, Colorado; Ute Indian Tribe of the Uintah & Ouray 
Reservation, Utah; Ute Mountain Ute Tribe [previously listed as Ute 
Mountain Tribe of the Ute Mountain Reservation, Colorado, New Mexico & 
Utah]; Ysleta del Sur Pueblo [previously listed as Ysleta Del Sur 
Pueblo of Texas]; and the Zuni Tribe of the Zuni Reservation, New 
Mexico.
    The Apache Tribe of Oklahoma; Assiniboine and Sioux Tribes of the 
Fort Peck Indian Reservation, Montana; Cheyenne and Arapaho Tribes, 
Oklahoma [previously listed as 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; Eastern 
Shoshone Tribe of the Wind River Reservation, Wyoming [previously 
listed as Shoshone Tribe of the Wind River Reservation, Wyoming]; Fort 
Sill Apache Tribe of Oklahoma; Kiowa Indian Tribe of Oklahoma; 
Mescalero Apache Tribe of the Mescalero Reservation, New Mexico; 
Northern Arapaho Tribe of the Wind River Reservation, Wyoming 
[previously listed as Arapaho Tribe of the Wind River Reservation, 
Wyoming]; Northern Cheyenne Tribe of the Northern Cheyenne Indian 
Reservation, Montana; Oglala Sioux Tribe [previously listed as Oglala 
Sioux Tribe of the Pine Ridge Reservation, South Dakota]; Paiute Indian 
Tribe of Utah (Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem 
Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Indian 
Tribe of Utah [previously listed as 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; 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; The Osage Nation [previously 
listed as Osage Tribe]; Three Affiliated Tribes of the Fort Berthold 
Reservation, North Dakota; and the Wichita and Affiliated Tribes 
(Wichita, Keechi, Waco, & Tawakonie), Oklahoma were invited to consult 
but did not participate.
    Hereafter, all Indian Tribes listed in this section are referred to 
as ``The Consulted and Notified Tribes.''

History and Description of the Remains

    Fort Lewis College is a four-year public liberal arts college 
located in Durango, CO. Since the 1970s, the Department of 
Anthropology's archeological field school has focused on sites in the 
southwestern United States. At times, it has also come into possession 
of Native American human remains and objects through undocumented 
donations. While the human remains of the 40 individuals described 
below have no documented provenience, they have been housed in Colorado 
for the last 30 to 89 years.
    At an unknown date, human remains representing, at minimum, 26 
individuals (FLC #s 501/621, 600A-B, 601-602, 606, 608, 612, 614A-B, 
615, 617A-B, 619-620, 624-625, 628-633, 1000A-B, and 1006) were removed 
from unknown locations. On FLC #600B was written in black ink: ``UNK 
W45 S25.'' Exhaustive searches through college records have revealed no 
clues regarding the meaning of W45 S25. When the human remains came 
into the possession of Fort Lewis College is unknown. No known 
individuals were identified. No associated funerary objects are 
present.
    At an unknown date, human remains representing, at minimum, one 
individual (FLC #604) were removed from an unknown location. These 
human remains were in a collection belonging to amateur archeologist 
Zeke Flora. The human remains came into the possession of Fort Lewis 
College in 1989. No known individuals were identified. No funerary 
objects are present.
    At an unknown date, human remains representing, at minimum, one 
individual (FLC #626) were removed from an unknown location. Unknown 
persons left these human remains at the Fort Lewis College Biology 
Department in September 1989. No known individuals were identified. No 
funerary objects are present.
    At an unknown date, human remains representing, at minimum, one 
individual (FLC #1004) were removed from an unknown location. A note 
associated with these human remains (two mandibular molars) indicates 
that they are from the ``Kroger Collection.'' When the human remains 
came into the possession of Fort Lewis College is unknown. No known 
individuals were identified. No associated funerary objects are 
present.
    At an unknown date, human remains representing, at minimum, two 
individuals (FLC #605A, #605B) were removed from an unknown location. 
The human remains came into the possession of Fort Lewis College in 
1987. No known individuals were identified. The 22 associated funerary 
objects are 21 sherds of greyware pottery and one piece of charcoal.
    At an unknown date, human remains representing, at minimum, one 
individual (FLC #613) were removed from an unknown location. When the 
human remains came into the possession of Fort Lewis College is 
unknown. No known individuals were identified. The 17 associated 
funerary objects are greyware pottery sherds.
    At an unknown date, human remains representing, at minimum, seven

[[Page 61788]]

individuals (FLC #623A, #623B, #623C, #623D, #623D, #623E, #623F, and 
#623G) were removed from an unknown location. When the human remains 
came into the possession of Fort Lewis College is unknown. No known 
individuals were identified. The two associated funerary objects are 
one greyware pottery sherd and one lithic flake.
    At an unknown date, human remains representing, at minimum, one 
individual (FLC #910) were removed from an unknown location. When the 
human remains came into the possession of Fort Lewis College is 
unknown. No known individuals were identified. The 10 associated 
funerary objects are three ladle handle fragments, one white painted 
sherd, one red painted sherd, four lithic flakes, and one fragment of 
petrified wood or stone.
    Based on the available information, the land from which these human 
remains and associated funerary objects were removed is not the 
``tribal land'' of an Indian Tribe or a Native Hawaiian organization, 
or the ``aboriginal land'' of an Indian Tribe pursuant to 43 CFR 10.11.
    Pursuant to 25 U.S.C. 3006(c)(5) and 43 CFR 10.10(g)(2)(ii) and 
10.16, the Native American Graves Protection and Repatriation Review 
Committee (Review Committee) may make a recommendation to the Secretary 
of the Interior (Secretary) for specific actions for disposition of any 
human remains and associated funerary objects not already addressed in 
43 CFR 10.11. In April 2021, Fort Lewis College requested that the 
Review Committee consider a proposal to transfer control of the human 
remains and associated funerary objects described in this notice 
jointly to the Southern Ute Indian Tribe of the Southern Ute 
Reservation, Colorado and the Ute Mountain Ute Tribe [previously listed 
as Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New 
Mexico, & Utah]. The Review Committee carefully considered this request 
at its July 7, 2021 meeting and recommended to the Secretary that the 
proposed transfer of control proceed. An October 19, 2021 letter 
transmitted the Secretary's independent review and concurrence with the 
Review Committee that:
     Fort Lewis College consulted with every appropriate Indian 
Tribe,
     None of the The Consulted and Notified Tribes objected to 
the proposed transfer of control to the Southern Ute Indian Tribe of 
the Southern Ute Reservation, Colorado and the Ute Mountain Ute Tribe 
[previously listed as Ute Mountain Tribe of the Ute Mountain 
Reservation, Colorado, New Mexico, & Utah], and
     Fort Lewis College may proceed with the agreed-upon 
transfer of control of the human remains and associated funerary 
objects to the Southern Ute Indian Tribe of the Southern Ute 
Reservation, Colorado and the Ute Mountain Ute Tribe [previously listed 
as Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New 
Mexico, & Utah].
    Transfer of control is contingent on the publication of a Notice of 
Inventory Completion in the Federal Register. This notice fulfills that 
requirement.

Determinations Made by Fort Lewis College

    Officials of Fort Lewis College have determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on the broader collecting 
practices of Fort Lewis College and the findings of physical 
anthropologists employed by Fort Lewis College.
     Pursuant to 25 U.S.C. 3003(e), the human remains described 
in this notice represent the physical remains of 40 individuals of 
Native American ancestry.
     Pursuant to 25 U.S.C. 3001(3)(A), the 51 objects described 
in this notice 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), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains and associated funerary objects and any present-day 
Indian Tribe.
     Pursuant to 43 CFR 10.11, the land from which these human 
remains and associated funerary objects were removed is not the 
``tribal land'' of any Indian Tribe or Native Hawaiian organization, or 
the ``aboriginal land of any Indian Tribe.
     Pursuant to 43 CFR 10.10(g)(2)(ii) and 10.16, the 
disposition of the human remains and associated funerary objects will 
be to the Southern Ute Indian Tribe of the Southern Ute Reservation, 
Colorado and the Ute Mountain Ute Tribe [previously listed as 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 and associated funerary objects should submit a 
written request with information in support of the request to Kathleen 
Fine-Dare, NAGPRA Liaison, Office of the President, Fort Lewis College, 
1000 Rim Drive, Durango, CO 81301, telephone (970) 247-7438, email 
[email protected], by December 8, 2021. After that date, if no 
additional requestors have come forward, transfer of control of the 
human remains and associated funerary objects to the Southern Ute 
Indian Tribe of the Southern Ute Reservation, Colorado, and the Ute 
Mountain Ute Tribe [previously listed as Ute Mountain Tribe of the Ute 
Mountain Reservation, Colorado, New Mexico, & Utah] may proceed.
    Fort Lewis College is responsible for notifying The Consulted and 
Notified Tribes that this notice has been published.

    Dated: October 29, 2021.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2021-24308 Filed 11-5-21; 8:45 am]
BILLING CODE 4312-52-P