[Federal Register: June 4, 2001 (Volume 66, Number 107)]
[Notices]
[Page 29983-29986]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn01-57]

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

DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Inventory Completion for Native American Human Remains
and Associated Funerary Objects in the Possession of the University of
Denver Department of Anthropology and Museum of Anthropology, Denver,
CO

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

    Notice is hereby given in accordance with provisions of the Native
American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9,
of the completion of an inventory of human remains and associated
funerary objects in the possession of the University of Denver
Department of Anthropology and Museum of Anthropology, Denver, CO.
    This notice is published as part of the National Park Service's
administrative

[[Page 29984]]

responsibilities under NAGPRA, 43 CFR 10.2(c). The determinations
within this notice are the sole responsibility of the museum,
institution, or Federal agency that has control of these Native
American human remains and associated funerary objects. The National
Park Service is not responsible for the determinations within this
notice.
    A detailed assessment of the human remains was made by the
University of Denver Department of Anthropology and Museum of
Anthropology professional staff in consultation with representatives of
the Arapahoe Tribe of the Wind River Reservation, Wyoming; Assiniboine
and Sioux Tribes of the Fort Peck Indian Reservation, Montana;
Cheyenne-Arapaho Tribes of Oklahoma; Cheyenne River Sioux Tribe of the
Cheyenne River Reservation, South Dakota; Colorado River Indian Tribes
of the Colorado River Indian Reservation, Arizona and California;
Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of the Crow
Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South
Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of Arizona;
Jicarilla Apache Tribe of the Jicarilla Apache Indian Reservation, New
Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule Sioux Tribe of the
Lower Brule Reservation, South Dakota; Lower Sioux Indian Community of
Minnesota Mdewakanton Sioux Indians of the Lower Sioux; Northern
Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana;
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Pawnee
Nation of Oklahoma; Prairie Island Indian Community of Minnesota
Mdewakanton Sioux Indians of the Prairie Island Reservation, Minnesota;
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota;
Santee Sioux Tribe of the Santee Reservation of Nebraska; Shakopee
Mdewakanton Sioux Community of Minnesota (Prior Lake); Sisseton-
Wahpeton Sioux Tribe of the Lake Traverse Reservation, South Dakota;
Skull Valley Band of Goshute Indians of Utah; Southern Ute Indian Tribe
of the Southern Ute Reservation, Colorado; Spirit Lake Tribe, North
Dakota (formerly known as the Devils Lake Sioux Tribe); Standing Rock
Sioux Tribe of North and South Dakota; Upper Sioux Indian Community of
the Upper Sioux Reservation, Minnesota; Ute Indian Tribe of the Uintah
and Ouray Reservation, Utah; Ute Mountain Tribe of the Ute Mountain
Reservation, Colorado, New Mexico and Utah; and Yankton Sioux Tribe of
South Dakota.
    In the mid-20th century, human remains representing two individuals
(catalog number DU 6072) were recovered from an unknown location in
Jefferson County, CO, by an unknown individual. The remains were turned
over to the Jefferson County coroner, who gave them to the University
of Denver Museum of Anthropology. No known individuals were identified.
No associated funerary objects are present.
    The physical anthropological characteristics of these remains
indicate that they are Native American.
    In 1992, human remains representing one individual were found in
the University of Denver Museum of Anthropology. They were labeled with
the same site number as artifacts collected in 1931 by Dr. E.B. Renaud
of the University of Denver Department of Anthropology and his
assistant, Charlie Steen. Dr. Renaud wrote about the 1931 expedition to
what is now identified as site 5JF91, but he did not mention finding
human remains. No known individual was identified. The 48 associated
funerary objects are 45 chipped stone flakes, 2 cord-marked ceramic
sherds, and 1 metate.
    The geographical origin and associated funerary objects indicate
that these remains are Native American. Site 5JF91 is a campsite on a
hill overlooking a creek southwest of Morrison, Jefferson County, CO.
The presence of cord-marked ceramics in association with these remains
indicates that they date no earlier than the Plains Woodland (A.D. 400-
1000) or Late Archaic (500 B.C.-A.D. 500) periods, when pottery first
appeared in this area. Although museum records do not mention the human
remains, it was Dr. Renaud's practice to collect from discrete areas,
which makes it likely that the remains are associated with the
artifacts. Paul Lewis, of Golden, CO, led Dr. Renaud to the site and
also took artifacts from the site.
    In 1982, human remains representing one individual were recovered
from 5JF148 (CO K:8:81), the Crescent site, Jefferson County, CO, by
the Colorado Archaeological Society, Denver Chapter (CAS Denver). CAS
Denver sent the remains to Dr. Michael Finnegan at Kansas State
University, Manhattan, KS, where they are currently curated. CAS Denver
and the University of Denver Museum of Anthropology had an agreement
whereby the museum curated archeological material that had been
processed in the CAS Denver laboratory after CAS Denver excavations.
Sometime after the remains were transferred to Kansas State University,
while processing material from 5JF148, CAS Denver discovered additional
remains from the individual whose remains were sent to Dr. Finnegan.
CAS Denver subsequently deposited the isolated remains in the museum
for NAGPRA reporting and curation. In October 1999, CAS Denver
transferred legal control to the museum of all of the material from the
site excluding the human remains at Kansas State University. No known
individual was identified. No associated funerary objects are present.
    5JF148 is a rock shelter with a southern aspect. The remains were
flexed and placed in a pit burial, with the head to the east, facing
north. The burial has been radiocarbon dated to 5155 B.P. (3205 B.C.),
placing it in the Early-Middle Archaic (6000-500 B.C.) period.
    Between 1983 and 1987, human remains representing 13 individuals
were recovered from 5JF321 (CO K:8:82), the Swallow site, Deer Creek
Drainage, Jefferson County, CO, by the Colorado Archaeological Society,
Denver Chapter (CAS Denver). During the excavations CAS Denver
discovered burials that were sent to Dr. Michael Finnegan at Kansas
State University, Manhattan, KS, for study and curation. CAS Denver and
the University of Denver Museum of Anthropology had an agreement
whereby the museum curated archeological material that had been
processed in the CAS Denver laboratory after CAS Denver excavations.
Sometime after the remains were transferred to Kansas State University,
while processing material from 5JF321, CAS Denver discovered additional
remains from the individuals whose remains were sent to Dr. Finnegan.
CAS Denver subsequently deposited the isolated remains in the museum
for NAGPRA reporting and curation. In October 1999, CAS Denver
transferred legal control to the museum of all of the material from the
site excluding the human remains at Kansas State University. No known
individuals were identified. No associated funerary objects are
present.
    5JF321 is a rock shelter with a southwestern aspect. It had
multiple occupations dating from the Middle Archaic (3000-500 B.C.),
Late Archaic (500 B.C.-A.D. 500), Plains Woodland (A.D. 400-1000), and
Historic (post-A.D. 1600) periods. These remains date to the Archaic
period.
    In 1973, human remains representing one individual were recovered
from 5JF52 (CO K:8:86), Bradford House III site, Dutch Creek Drainage,
Jefferson County, CO, by the Colorado Archaeological Society, Denver
Chapter (CAS Denver). During the excavations CAS Denver discovered
burials that

[[Page 29985]]

were sent to Dr. Michael Finnegan at Kansas State University,
Manhattan, KS, for study and curation. CAS Denver and the University of
Denver Museum of Anthropology had an agreement whereby the museum
curated archeological material that had been processed in the CAS
Denver laboratory after CAS Denver excavations. Sometime after the
remains were transferred to Kansas State University, while processing
material from 5JF52, CAS Denver discovered additional remains from the
individual whose remains were sent to Dr. Finnegan. CAS Denver
subsequently deposited the isolated remains in the museum for NAGPRA
reporting and curation. In October 1999, CAS Denver transferred legal
control to the museum of all of the material from the site excluding
the human remains at Kansas State University. No known individual was
identified. The three associated funerary objects are metates, one of
which is broken in half.
    5JF52 is a rock shelter with a southwestern aspect. It had multiple
occupations dating from the Middle Archaic (3000-500 B.C.), Late
Archaic (500 B.C.-A.D. 500), and Plains Woodland (A.D. 400-1000)
periods. This burial has been radiocarbon dated to 2440 B.P. (490 B.C.
or 589 B.C. with corrections), placing it in the Middle-Late Archaic
(3000 B.C.-A.D. 500) period.
    In 1976, 12 associated funerary objects were recovered from graves
at 5JF211 (CO K:8:80), Falcon's Nest site, Deer Creek Drainage,
Jefferson County, CO, by the Colorado Archaeological Society, Denver
Chapter (CAS Denver). The human remains associated with these objects
were sent by CAS Denver to Dr. Michael Finnegan at Kansas State
University, Manhattan, KS, for study and curation. CAS Denver and the
University of Denver Museum of Anthropology had an agreement whereby
the museum curated archeological material that had been processed in
the CAS Denver laboratory after CAS Denver excavations. In October
1999, CAS Denver transferred legal control to the museum of all of the
material from the site excluding the human remains at Kansas State
University. The 12 associated funerary objects are 2 projectile points,
1 piece of charcoal, 1 animal scapula identified as a rasp, 1 object
that is thought to be a flute, 1 metate, 1 piece of pigment, and 5
rocks.
    5JF211 is a rock shelter with a southern aspect. It had multiple
occupations dating from the Middle Archaic (3000-500 B.C.), Late
Archaic (500 B.C.-A.D. 500), and Plains Woodland (A.D. 400-1000)
periods. The burials and their associated artifacts date to the
Archaic.
    Unless specifically stated above, collections documentation is
limited concerning possible dates, cultural affiliation(s), or the
circumstances under which the Native American human remains and
associated funerary objects described above were found. Colorado's
history of tribal relocation, however, suggests that all of the human
remains and associated funerary objects described above date prior to
contact with Europeans. The ``Indian Land Areas Judicially Established
1978 Map'' indicates the legal claim to land based upon traditional use
for the Ute, Cheyenne, and Arapaho. The ``Early Indian Tribes, Culture
Areas, and Linguistic Stocks Map'' establishes the presence of the Ute
at the time of contact with Europeans. The Colorado Office of
Archaeology and Historic Preservation map of Native American
distribution in Colorado establishes the presence of the Hopi, Ute,
Lakota, Arapaho, Cheyenne, Comanche, Kiowa, Apache, and Kiowa-Apache.
The Hopi Tribe of Arizona provided written testimony that they are
culturally affiliated to Archaic period individuals. Representatives
from the Pawnee Nation of Oklahoma presented linguistic evidence in
that there is a Pawnee name for Pike's Peak which is to the south of
Jefferson County. Representatives from seven Sioux tribes presented
oral testimony during consultation that confirmed the presence of the
Sioux in this region. The seven Sioux tribes are the Cheyenne River
Sioux Tribe of the Cheyenne River Reservation, South Dakota;
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation,
Montana; Flandreau Santee Sioux Tribe of South Dakota; Oglala Sioux
Tribe of the Pine Ridge Reservation, South Dakota; Rosebud Sioux Tribe
of the Rosebud Indian Reservation, South Dakota; Santee Sioux Tribe of
the Santee Reservation of Nebraska; and Yankton Sioux Tribe of South
Dakota. Representatives of the Ute Mountain Tribe of the Ute Mountain
Reservation, Colorado, New Mexico and Utah; and Southern Ute Indian
Tribe of the Southern Ute Reservation, Colorado who attended a
conference on cultural affiliation of ancient peoples in Colorado, held
at the Colorado Historical Society, provided oral testimony that
confirmed the presence of the Ute in Jefferson County. Based on the
totality of the circumstances surrounding the acquisition of these
human remains and associated funerary objects, the evidence of
traditional territories, oral traditions, archeological context, and
material culture, officials of the University of Denver Department of
Anthropology and Museum of Anthropology have determined that there is
cultural affiliation with the present-day Indian tribes who claim a
presence in the region prior to and during the contact period.
    Based on the above-mentioned information, officials of the
University of Denver Department of Anthropology and Museum of
Anthropology have determined that, pursuant to 43 CFR 10.2(d)(1), the
human remains listed above represent the physical remains of 18
individuals of Native American ancestry. Officials of the University of
Denver Department of Anthropology and Museum of Anthropology also have
determined that, pursuant to 43 CFR 10.2(d)(2), the 63 objects listed
above 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. Lastly, officials of the University of Denver
Department of Anthropology and Museum of Anthropology have determined
that, pursuant to 43 CFR 10.2(e), there is a relationship of shared
group identity that can be reasonably traced between these Native
American human remains and associated funerary objects and the Apache
Tribe of Oklahoma; Arapahoe Tribe of the Wind River Reservation,
Wyoming; Assiniboine and Sioux Tribes of the Fort Peck Indian
Reservation, Montana; Cheyenne-Arapaho Tribes of Oklahoma; Cheyenne
River Sioux Tribe of the Cheyenne River Reservation, South Dakota;
Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of the Crow
Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South
Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of Arizona;
Jicarilla Apache Tribe of the Jicarilla Apache Indian Reservation, New
Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule Sioux Tribe of the
Lower Brule Reservation, South Dakota; Lower Sioux Indian Community of
Minnesota Mdewakanton Sioux Indians of the Lower Sioux; Mescalero
Apache Tribe of the Mescalero Reservation, New Mexico; Northern
Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana;
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Pawnee
Nation of Oklahoma; Prairie Island Indian Community of Minnesota
Mdewakanton Sioux Indians of the Prairie Island Reservation, Minnesota;
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota;

[[Page 29986]]

Santee Sioux Tribe of the Santee Reservation of Nebraska; Shakopee
Mdewakanton Sioux Community of Minnesota (Prior Lake); Sisseton-
Wahpeton Sioux Tribe of the Lake Traverse Reservation, South Dakota;
Skull Valley Band of Goshute Indians of Utah; Southern Ute Indian Tribe
of the Southern Ute Reservation, Colorado; Spirit Lake Tribe, North
Dakota (formerly known as the Devils Lake Sioux Tribe); Standing Rock
Sioux Tribe of North and South Dakota; Upper Sioux Indian Community of
the Upper Sioux Reservation, Minnesota; Ute Indian Tribe of the Uintah
and Ouray Reservation, Utah; Ute Mountain Tribe of the Ute Mountain
Reservation, Colorado, New Mexico and Utah; and Yankton Sioux Tribe of
South Dakota.
    This notice has been sent to officials of the Apache Tribe of
Oklahoma; Arapahoe Tribe of the Wind River Reservation, Wyoming;
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation,
Montana; Cheyenne-Arapaho Tribes of Oklahoma; Cheyenne River Sioux
Tribe of the Cheyenne River Reservation, South Dakota; Colorado River
Indian Tribes of the Colorado River Indian Reservation, Arizona and
California; Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of
the Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe
of South Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of
Arizona; Jicarilla Apache Tribe of the Jicarilla Apache Indian
Reservation, New Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule
Sioux Tribe of the Lower Brule Reservation, South Dakota; Lower Sioux
Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower
Sioux; Mescalero Apache Tribe of the Mescalero Reservation, New Mexico;
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation,
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South
Dakota; Pawnee Nation of Oklahoma; Prairie Island Indian Community of
Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation,
Minnesota; Rosebud Sioux Tribe of the Rosebud Indian Reservation, South
Dakota; Santee Sioux Tribe of the Santee Reservation of Nebraska;
Shakopee Mdewakanton Sioux Community of Minnesota (Prior Lake);
Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Reservation, South
Dakota; Skull Valley Band of Goshute Indians of Utah; Southern Ute
Indian Tribe of the Southern Ute Reservation, Colorado; Spirit Lake
Tribe, North Dakota (formerly known as the Devils Lake Sioux Tribe);
Standing Rock Sioux Tribe of North and South Dakota; Upper Sioux Indian
Community of the Upper Sioux Reservation, Minnesota; Ute Indian Tribe
of the Uintah and Ouray Reservation, Utah; Ute Mountain Tribe of the
Ute Mountain Reservation, Colorado, New Mexico and Utah; and Yankton
Sioux Tribe of South Dakota.
    Representatives of any other Indian tribe that believes itself to
be culturally affiliated with these human remains and associated
funerary objects should contact Jan I. Bernstein, Collections Manager
and NAGPRA Coordinator, University of Denver Department of Anthropology
and Museum of Anthropology, 2000 Asbury, Sturm Hall S-146, Denver, CO
80208-2406, telephone (303) 871-2543, e-mail jbernste@du.edu, before
July 5, 2001. Repatriation of the human remains and associated funerary
objects to the Apache Tribe of Oklahoma; Arapahoe Tribe of the Wind
River Reservation, Wyoming; Assiniboine and Sioux Tribes of the Fort
Peck Indian Reservation, Montana; Cheyenne-Arapaho Tribes of Oklahoma;
Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South
Dakota; Comanche Indian Tribe, Oklahoma; Crow Creek Sioux Tribe of the
Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of
South Dakota; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of
Arizona; Jicarilla Apache Tribe of the Jicarilla Apache Indian
Reservation, New Mexico; Kiowa Indian Tribe of Oklahoma; Lower Brule
Sioux Tribe of the Lower Brule Reservation, South Dakota; Lower Sioux
Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower
Sioux; Mescalero Apache Tribe of the Mescalero Reservation, New Mexico;
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation,
Montana; Oglala Sioux Tribe of the Pine Ridge Reservation, South
Dakota; Pawnee Nation of Oklahoma; Prairie Island Indian Community of
Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation,
Minnesota; the Rosebud Sioux Tribe of the Rosebud Indian Reservation,
South Dakota; Santee Sioux Tribe of the Santee Reservation of Nebraska;
Shakopee Mdewakanton Sioux Community of Minnesota (Prior Lake);
Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Reservation, South
Dakota; Skull Valley Band of Goshute Indians of Utah; Southern Ute
Indian Tribe of the Southern Ute Reservation, Colorado; Spirit Lake
Tribe, North Dakota (formerly known as the Devils Lake Sioux Tribe);
Standing Rock Sioux Tribe of North and South Dakota; Upper Sioux Indian
Community of the Upper Sioux Reservation, Minnesota; Ute Indian Tribe
of the Uintah and Ouray Reservation, Utah; Ute Mountain Tribe of the
Ute Mountain Reservation, Colorado, New Mexico and Utah; and Yankton
Sioux Tribe of South Dakota may begin after that date if no additional
claimants come forward.

    Dated: May 8, 2001.
John Robbins,
Assistant Director, Cultural Resources Stewardship and Partnerships.
[FR Doc. 01-13965 Filed 6-1-01; 8:45 am]
BILLING CODE 4310-70-F
Back to the top

Back to National NAGPRA