By Fernando Crocheron

Though commonly referred to as “Native Americans,” Colorado’s first human inhabitants are much more than this term, which does not fully capture the rich, diverse mix of cultures and subcultures existing here prior to the arrival of European settlers. Approximately 50 distinct groups, including Cheyenne, Arapaho, Ute, Kiowa, Shoshone, Comanche and Apache, formerly roamed the plains of Colorado.
These early people hunted, fished, made love, fought wars, died and were buried in soil that had not been sullied by the steel plow. This soil had only known the hooves of countless herds of buffalo and pronghorn antelope, as well as the soles of men, women and children whose destinies were inextricably tied to the land they revered and to which they eventually returned.
This landscape and the first Americans’ cultural heritage are increasingly endangered by a continuing population and development boom, taking over ancestral lands and uncovering sacred remains. The rights of Native Americans to protect and maintain these artifacts and bones are only partially protected by law, and minimally understood and observed by developers and landowners.

The Question Of Indian Burial Grounds Under DIA
While the prospects of an urban corridor stretching from Colorado Springs to Fort Collins was at one time mere speculation, this vision seems to have become manifest. Many believe growth along the Front Range can only be stemmed by access to water, or lack thereof. This seemingly endless development appears thus far to have overcome even the controversy and concern over preservation of wildlife or the innumerable sites throughout our state, where the remains of Native Americans have been interred.
A number of residential and commercial plans throughout Colorado’s history of urban sprawl have been interrupted by the discovery of artifacts and skeletal remains of Native Americans, uncovered during landscaping and construction activities. Indeed a modern mythology has evolved surrounding rumors that Denver International Airport resides upon an ancient tribal burial site.
Glenn Morris, a Shawnee who is a political science professor at CU Denver, stated, “At the time DIA was being constructed, the (Mayor) Webb administration approached a number of people in the American Indian community in Denver, who said these concerns had been expressed. I and the late Richard Tall Bull Sr. (a renowned Cheyenne elder from the Denver metropolitan community) expressed some concern that there be an American Indian archaeological monitor assigned to the airport in the event that any American Indian artifacts, and especially skeletal or human remains, were unearthed during the excavation for the airport. There was a panel of people put together; I was among those people who selected the first archaeological monitor, the late Richard Peters, an Oglala Lakota.”
Morris said remains were discovered at the airport excavation site and controversy arose when they were sent to the University of Colorado museum in Boulder in direct violation of The Native American Graves Protection and Repatriation Act.
University of Colorado staff members were unable to confirm or deny the existence of remains taken from the DIA site, but said their collection contains no remains violating the federal act. By press time, the Denver Urban Spectrum was unable to obtain comment from the Colorado Department of Transportation.

Urban Growth And Historical Curiosity Vs. Cultural Rights
This nation has a sordid history regarding Native American remains and artifacts, which have oft been viewed as curiosities, appropriate for placement on mantelpieces in private residences and museum display cases. In response to grassroots and legal pressure from Native Americans and others, several local and national laws have been promulgated to govern the discovery, proper handling and final disposition of Native American remains and artifacts.
The Native American Graves Protection and Repatriation Act (NAGPRA) is a federally mandated program, which governs the identification and return of Native American remains and artifacts to the proper descendents. Under the auspices of NAGPRA, the descendents are identified as approximately 770 North American tribal nations including Alaskan and Hawaiian indigenous peoples. The act affects all federal agencies and any entity that receives federal dollars.
The Colorado Commission of Indian Affairs was established in 1976 as the official liaison between the Colorado state government and the state’s two recognized tribes, the Ute Mountain Utes and the Southern Mountain Utes. The commission, in collaboration with The Colorado Historical Society, is the state’s lead agency, proactively and reactively addressing issues related to Native American remains. Whenever cities, counties or state agencies such as the Department of Transportation develop or reconstruct highways and whenever they come across remains, the agencies are asked to contact the society and commission.
“My agency is probably the smallest agency within the state government system. I am an agency of one,” said Ernest House Jr., a Ute man who is the commission’s executive secretary. “Our commission has 11 statutory responsibilities. Those responsibilities range from investigating the needs of not only the two Ute tribes, but also any other American Indian citizen in the State of Colorado,” said House, describing his duties. “Our office is also the first point of contact in regards to inadvertent discoveries of Native American remains in the State of Colorado.”

Protection Depends On Knowledge And Respect
Native American remains are discovered inadvertently on an average of seven to ten sites in Colorado each year, he added.
“Colorado has an unmarked burial law that has been in the process for a while. So, just getting that information out to all of Colorado’s municipalities or different agencies is what we are trying to do to make sure that citizens are also aware,” House said. “If you go hiking or camping for the weekend and you come across any of these areas, a lot of this (depends on) the eyes and ears of the community. It is the citizens of Colorado that we are asking to let us know. Anytime they come across any suspicious remains, they are to contact their local law enforcement and have it investigated. We have also contacted local law enforcement agencies and the coroners from the different counties to let us know as well so that we can start the process and address the situation in the most respectful manner that we can.”
A major gap was created in Native American protections for their ancestral remains, because federal and state statutes and guidelines only apply to public land and do not affect private landowners.
“If you find remains on your private land and you have a private museum, you can do anything you want with them,” lamented Ben Sherman, an Oglala Lakota man who is president of the Denver-based Western American Indian Chamber.  “Reburial has to be done respectfully …by Native Americans. I absolutely do not like archaeologists digging up Indian bones. I will do anything in my power to prevent archaeologists from digging up Native American bones, unless they would allow me to dig up their grandfather’s bones in their cemeteries.”
Sherman is adamant that people not get away with displaying Native American remains in museums.
Professor Morris and most Native Americans agree.
“I think all native people have some affinity to the sacredness of their ancestors lying in repose, and that they not be disturbed, and if they are disturbed that their remains be treated with respect. And they be returned to the community or the nations from which they originated in order to be reburied or dealt with in a respectful, ceremonial way,” Morris said. “I think there is expanding awareness among government officials and religious officials that state, federal law requires that, and human decency requires that.”

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