The depth and breadth of the Native American presence in Colorado make it no surprise that during the course of modern development, activities result in the discovery of unmarked graves on State and private lands. What happens next is covered by State statute. When unmarked graves are determined to be Native American, the Office of the State Archaeologist directs a burial investigation. The State Archaeologist works with the Executive Secretary of the Colorado Commission of Indian Affairs, landowners, and at least one designated representative from a resident Ute Tribe in Colorado, to decide if the individual(s) must be disinterred.

History Colorado learned in consultations that tribes wish to leave graves undisturbed whenever possible. When a grave cannot be left undisturbed, remains are brought to History Colorado and then transferred to the Department of Material Culture for repatriation under NAGPRA. So, while HC does not “collect” human remains, it finds itself coming into the possession of human remains and is subject to the regulations of NAGPRA. It is also important to point out that since the development of the 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 (Process),  fewer individuals have been disinterred than before. The above-mentioned team has been able to forge an understanding with most landowners of tribal preferences to leave graves undisturbed.

When remains are disinterred, History Colorado conducts tribal consultation and research to try to identify cultural affiliation. Sometimes, however, there simply is not enough evidence to determine cultural affiliation. NAGPRA uses the term “culturally unidentifiable” (CUI) to identify these individuals. When NAGPRA was enacted in 1990, the regulations for disposition of CUI individuals were reserved. This was a source of frustration to many tribes across the U.S. because large numbers of CUI individuals remained in museums and agencies. It was possible for institutions to request a recommendation for disposition for CUI individuals from the NAGPRA Review Committee. If a recommendation was obtained, the United States Secretary of the Interior could authorize disposition.  History Colorado, the Colorado Ute tribes, the CCIA, and the State Attorney General’s office started to work together as early as 1999 on a different solution. Ultimately, in 2008, the above-mentioned Process was approved by the United States Department of the Interior. This document is available on our website (click here).

In 2009, under the Process and NAGPRA, HC dispositioned 68 culturally unidentifiable individuals and 63 associated funerary objects to the Colorado Ute Tribes and these individuals were reburied. In 2010, the federal regulations for CUI were promulgated but they do not cover all CUI. The Process applies to CUI individuals not covered in the regulations. In 2012, HC dispositioned an additional 24 individuals and 41 associated funerary objects. These individuals were reburied this year.