Federal Archeology, Fall/Winter 1995

44 Pages·1995·4.3 MB·English

by  National Park Service

CHEOLOGY
ClemsonUniversit'
vol. 7, xo. 3 Fall/winter 1995
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The Reality of Repatriation
Reaching Out to Native Americans
Francis P. McManamon
THE REPATRIATION of Native American remains and its interpretations, others have embraced them. The Makah,
funerary objects has become prominent in the past 20 Navajo, and Zuni, among others, have had archeological staff
years. The intense convictions of many Native in their cultural resource programs for years. Recent times
Americans have been magnified by sympathy from have witnessed widespread interest by Native Americans in
other Americans who share the belief that curation is not such programs as well as in cultural centers, language reten-
appropriate treatment for the dead. These forces have accel- tion, and other activities related to cultural preservation.
erated what might have been a longer-term evolution in the Increasingly, American Indians seek technical information
relationship between American Indians, archeologists, and and training in preserving archeological and ethnographic
museum professionals. One outcome has been the dramati- resources, as well as act as instructors themselves. National
cally increased power of native groups over the disposition Park Service courses in curation, interpretation, preserva-
and treatment ofremains and related artifacts. This new real- tion, and ethnography have all been well attended by Native
ity requires archeologists and others to work on more equal Americans.
footing with Native Americans than has been the case in the Clearly, archeologists and Native Americans share the
—
past. same goals understanding the past and preserving the
The history of relationships between archeologists and the remains related to it. How can t—hey foster cooperation.7 First,
Native Americanshas not been markedbycooperation, mutu- by improving communication among organizations, and
al respect, or clear and frequent communication. In its early perhaps more importantly, among individuals. Second, by
years, during the 19th century, archeology supported the clearly and calmly articulating the value of different
stereotype ofAmerican Indians then current. Scholars tended approaches and how they benefit the other party. Third, hy
todiscount the substantial achievements evident in the arche- being neither patronizing nor timid in their relationships.
ological record. The plundering of Indian graves in the inter- And finally, by committing to working together for the long
estofcraniology and phrenologyduring thisperiod amply illus- term.
trates the absence of consideration for the Native Americans
ofthe time. Modern Indianshaveeffectivelyexploited thissor- SOME CRITICS note that there has been a lot more talk
did chapter in anthropology and archeology to obtain explicit promisingcooperation than actual payoff. Acknowledging
legal protection for unmarked graves. the truth in this sentiment,—it is encouraging that even
Indian activists and scholars such asVine Deloria and
FORTUNATELY, the profession evolved. Today, archeolo- Roger Echo-Hawk, writing no less in American Antiquity and
gists not only employ more scientific methods, but also the SAA Bulletin (both published by the Society for American
—
seek to use the archeological record to show how past Archaeology) have identified areas in which cooperation
cultures dealt with problems not unlike those that our between archeologists and Indians would be mutually benefi-
society faces today. The material and organizational accom- cial and lay the groundwork for future collaborations.
plishments of ancestral Native Americans are admired now. Deloria suggests that archeological methods could be helpful
So, it is ironic that many archeologists haveyet—to reach out to in locating and preserving traditional sacred sites. Echo-Hawk
the very public most connected to that past contemporary calls tor archeologists and Indians to reconcile archeological
Native Americans. Even more ironic given the fact that, data and native oral traditions, which he believeswouldenrich
because of the Native American Graves Protection and everyone's understanding of America's ancient history-
Repatriation Act and other laws, archeologists must consult Archeologists have displayed the full range of responses to
with Indian tribesandothernativegroupsovera hostofissues. repatriation, from an attitude of"It's about time" toclaimsthat
—
Granted, there are decades of mistrust toovercome a seri- it signals the end of archeology. Clearly it represents not the
ous challenge to contemporary archeologists who must make end but the chance for a new beginning.
up forpast failures, as well as lost time. However, there ought
to he no doubt about the potential importance of archeolog- Francis P. McManamon is Departmental Consulting Archeologist,
ical investigations to Native Americans. Although some Department of the Interior, and Chief, Archeological Assistance,
tribes and advocacy groups have disavowed archeology and National Park Service.
Fkw'.ralArchkology FauAVintkr 1995
PUBLIC DOCU"
DEPOSITORY ITEM
Contents
FederalArcheologyis publishedby
theNational Park Service
Departmental Consulting In Context 2
Archeologist and Archeological Francis R McManamon
Assistance Program.
Backfill 44
DepartmentalConsultingArcheolocist Robert Pickering and R.L.Jant:
Chief,ArcheologicalAssistance
Francis R McManamon Departments
DeputyChief Diggings 4
VelettaCanouts News, Views, and Recently Noted
GuestEditor
C. Timothy McKeown SlTEWATCH 7
Protecting the Nation's
ManagingEditor Archeological Heritage
David Andrews
NagpraNews 41
AssociateEditor "ThePuebloGraveyard,"Taos, NM, 1993,by12-year-old MelanieStout,oneof ImplementingtheNativeAmerican
Joseph Flanagan manyyoungNativeAmericanphotographerstrainedbyprofessionalsvolunteer- GravesProtectionandRepatriation
ContributingEditors ingwiththe"ShootingBackfromtheReservation"program. Act
S. TerryChilds
Dan Haas Special Report
Ruthann Knudson
C. Timothy McKeown The Native American Graves Protection and Repatriation Act
DavidTarler INSIDE THE A.CF 1SB
Richard C. Waldbauer
Taking stock ofthe congressional mandate so carefully crafted nearly five years ago.
PrintingCoordinator BY C. TIMOTHY MCKEOWN
Jerry Buckhinder THOI «» HTS OIW T^i^O WOBLDTIEWS 16
TPreimnptleed bHiyllMs,cDMoDn,aludndaenrdcoEnu-dy, At meetings of the NAGPRA review committee, Native Americans and museum representa-
tract tothe U.S. Government tives are often separated by different ways ofviewing the world. By Tessie Xaranjo
Printing Office. I]WTE»r*'IE^V WITB C^AHEY VlCEMTI SO
Statementsoffact and views are Why tribal leaders, government officials, archeologists, and museum professionals should
aothpneidnrideoosnpnoonorstiabnnielcieetnsysdaoorfrisltyehemreeanfulttehcbtoyrasn Atark%eradMvaSnitamgleiofwtehethmoemae.nitwumVthmatkistgawlvanoizfingtNahtivee AFmeriictanisbacreoss theScouOntry.
the editorsor the National Park Epimetheus, said Charles Kinsley in The WaterBabies, was "always looking behind him to
Service.
see what had happened, till he really learnt to know now and then what would happen
Send comments, articles, next." Harvard's Peabody Museum is looking both ways to deal with its 8 million North
ataidnoddnreposunsblcciohcnaafntegireoesnn,scetason,dEdtiirtnaofirno,irnmNga,P-S Amteroicoan ar;ti>factsm, mby"BVa%rbtair»a •i:saSa"c3on. 30
Archeological Assistance In 1988, the remains ofnative Hawaiians were removed to make way for a luxury hotel
Division, RO. Box 37127,
Washington, DC 20013-7127, on the island of Maui, leading to the birth and growth ofthe group Hui Malama I Na
[phone], fax (202) 523- Kupuna 'O Hawai'i Nei. by edward hal.eal.oha ayau
1547. V K.l^lll: S« ><«». OF Wei* TRBATT 34
,*.
NAGPRA represents the chance tor a new covenant between archeologists and Native
Cover: "Alonewith the Past,"Canyon Americans. It they choose cooperation, anthropology could face a boost unrivaled in over
deChelly,CasaBlancaRuins,AZ,ca. two decades. BY ROSITA WORL
1910,byRoland Reed. '"; llotit to ««»>* €»«<» SO
«>-v -vi>
With nearly a halt-century ot experience in working with archeologists, Arizona's Gila
River Indian Community was well-equipped to deal with the discovery ofa cemetery dur-
ing construction of a tour-lane highway across its land. BY JOHN C. RAVESL.OOT
FederalArcheology Fall/Winter 1995
M
km, fa, il
Recently
An Invitation to Native the NHL program, Native at the meeting. The next Pleased with the outcome
Americans American traditional origin step may be discussions ofthat effort, the NPS histo-
—
The footsteps ofthe sites places figuring promi- with specific Indian groups ry areas committee was will-
—
Paleoindians the first peo- nently in stories ofcreation and tribes from across the ing to consider other themes
ple to inhabit the vast, pri- and—the emergence ofpeo- country. on important historical peri-
mordial wilderness of the ples may qualify based on Planners have already sur- ods that are generally not
continent's forests, deserts, that criterion alone. Since veyed state historic preserva- well known. David Rrose,
and plains—represent the many current-day tribes may tion offices to identify chair of ajoint NPS-Society
opening chapter ofa North trace their origins to Paleoindian archeological for American Archaeology
NHL
American genesis. Now their Paleoindian sites, planners properties inventoried to committee, presented
modern-day descendants called on the NMAI to help date. They've also investi- two classes ofarcheological
may join in a plan to protect enlist their involvement. gated the National sites as candidates that could
the nation's Paleoindian her- Native Americans at the Archeological Database and excite everyone—: early indus-
itage, increasingly threatened meeting said that tribes, National Register trial properties many
by both man and nature. though interested in formal- Information System, as well threa—tened by develop-
OnJanuary 27, representa- ly protecting sites, would not as the recent literature. ment and Paleoindian sites.
tives from the National want to attract unwarranted Twenty-five Paleoindian "Although Paleoindian
Museum ofthe American attention. "We have a lot of sites are currently designated sites are very rare and frag-
Indian and the National things in our country that as NHLs. However, several ile, they are found across the
Congress of American survive only because out- appear to be from more entire continent," said
Indians met with Park siders don't know about recent times, evidencing the Brose, associate director of
Service staffers planning them," said George Horse need for an update. the Royal Ontario Museum.
"The Earliest Americans," a Capture ofthe NMAI. In late February, planners "We also knew that Native
National Historic Landmark NPS Chiefof are releasing a report on the American communities
theme study. Over the next Archeological Assistance theme study's planned frame- could have a real role in
few years, partners in the Francis R McManamon was work for comment nation- their interpretation."
project—including federal optimistic that, working wide. Copies will be sent to The legacy of the earliest
agencies, state and local together, the study planners SHPOs in all 50 states and to Americans, whether manifest
governments, scholars, and could find a way to over- NHL archeology committee in the intangible language of
avocationalists—will work come the confidentiality project liaisons for further spirituality or the testament
together to identify national- concerns. "We want to com- distribution and input. ofcharred rocks or clovis
ly significant Paleoindian memorate a heritage, not Responses are due by April. points, can only benefit.
archeological sites. put dots on a map," he said. "The Earliest Americans"
Ultimately, they hope to Clara Sue Kidwell, assis- comes on the heels oi an Preservation vs.
nominate a number of new tant director for cultural earlier theme study, "Historic Conservation
National Historic resources at NMAI, Contact: Early Relations Because the Natural
Landmarks, clarify the expressed the hope that Between Indians and Resources Conservation
boundaries of existing ones, working together would Colonists in Northeastern Service (formerly SCS)
and develop a body of bring about "a mutual edu- North America, 1524-1783," impacts vast amounts of pri-
knowledge to help manage cation for all." Kidwell is to be published by the vate land, it often faces a
and protect them. crafting a position paper University o\ Oklahoma dilemma. Conservation
The project may not be with NPS study coordinator Press in the fall. That study methods like terracing fields
limited to archeological sites, Rob Grumet that captures led to the designation of 17
however. Foi the first time in the range oi views expressed archeological NHLs. continued on page 6
FederalArchei>l<><,y Fai.lAVinter 1995
ighway 22 is only a small part of Puerto Rico's $7.5 billion Garcia Goyco speculates that the site could yield anywhere
plan to modernize its infrastructure, but it played a big role from 150 to 175 remains, with 105 discovered so far.
in a dramatic meeting ofthe island's future with its past. If The Native American Graves Protection and Repatriation Act
the newroadhadn'tmet the RioIndiowhereitdid, thestory does not apply to territories, and there are no federally recog-
beneath the river's banks might never have been told. nized native groups in Puerto Rico. With European conquest,
Perhaps construction crews should have noted the name ofthe native islanders either went extinct or intermarried with whites
place: "Paso del Indio," Indian Ford. and Africans, which is clearly reflected
Below them lay the remains of three in the island's population today.
ancient settlements, each buried and Bridge to the Past
sealed neatly in stratigraphic time by a xcavation had been underway for
H;
catastrophic hurricane and flood. Road Project Reveals Decimated Settlements several months before the section
Separating them was the river's signa- 106 processoftheNational Historic
ture: asandy, yellowish alluvial deposit, %.%% ^ Preservation Act was initiated. The
v|
20 to 30 centimeters wide in places. , liproject had been issued a permit
Since the site lay in a flood plain, a from the Corps of Engineers, but the
1988 survey assumed human occupa- work beingdone, accordingtothe regu-
tion tobe unlikely. It wasn't long, how- lations as they existed at the time, did
ever, before the backhoes started turn- not qualify as a federal undertaking.
ing up bones, which led the island's Duringthecourseofconstruction, how-
highway authority to hire independent ever,amendmentsweremadetothereg-
archeological contractors Adalberto ulationsdefiningwhatconstitutes a fed-
Mauras and Osvaldo Garcia Goyco. eral undertaking. So, when the highway
The two launched what has become authority needed a newpermit after the
one ot Puerto Rico's most ambitious oldoneexpired, theprojectwassudden-
archeological investigations ever, offer- ly subject to 106compliance. Until that
ing a startlingly clear picture of life point, Paso del Indio was under the
among the island's earliest inhabitants. authority of the Consejo para la
Protecion del Patrimonio Archelogico
del Indio was a busy place for Terrestre de PuertoRico, astate agency.
rasovoer a thousand years. From about The development opened the door for
400 to600 A.D., it was occupiedby the Puerto Rico state historic preserva-
a people known locally as the tion office. According to Deputy SHPO
Igneri, referred to in the archeolog- Karen Anderson, it was several months
ical literature as Saladoid. They were before a mitigation agreement was pre-
possiblythefirstceramicagriculturalists pared. Among other things, the SHPO
KARENANDERSON
in the Caribbean. Then came the Pre- called for delineating the full boundaries
Taino, from 600 to 1200 A.D, followed by the Taino, who popu- ofthe site andexcavatingall areasofconstruction impact. The pro-
lated much ofthe region until European contact. ject also benefitted from the expertise of Jefferey Walker, technical
Each ofthem saw their settled life along the fertile banks deci- advisoron loanfrom the ForestService.
mated by storm. "It would have been devastating," says Mauras. The process ofturning an accidental find into a planned exca-
"All the agriculture, the manioc, would have been washed away. vation has been painstaking. The mitigation plan was negotiated
The trees, the birds, the animals disappear. All the fish are swept several times, primarilybecause theSHPOdid not agreewith the
away. Even transportation down the river in canoes or walking Consejo's position that the remains be displayed. "That made
over land would have been difficult." Silt would have rendered getting a memorandum of agreement much more difficult," says
the water undrinkable. Anderson. By the time the memorandum was signed, ir bad been
Archeologists believe that the upheavals account for the high decided that the remains would not be shown publicly.
infant mortality rate they have discovered. Almost three-fourths The unexpectedencounterwith the island's pasl points to what
of the remains excavated are children ofweaning age. The rea- Anderson says is a need for better surveying methods, espe< i.iIK
soning is they would have been the first to succumb. in flood plains. "How do we deal with it in the future so we don't
One discovery eerily mirrors a Spanish friar's recounting of a have the same situation again.'" she says. "It's not just digging lit-
native creation myth. Ramon Pane, dispatched by Columbus, tle shovel pits because you're not going to find anything."
returnedhomewith thestoryofaTainogoddesswhosedeathgiv- Meanwhile, the soil o( Paso del Indio continues to turn up
ingbirth totwinscaused aflood thatcovered the earth. Soitwas secrets that illustrate her point. Below the Igneri strata, a section
with some surprise that archeologists found, in the deepest tomb of stone pavement previously thought tied to pre-Taino times at
on the site, the skeleton of a woman of about 18 who died dur- the earliest was discovered. Once again, archeologists pause to
ing childbirth. The skeleton of her baby had partially emerged consider what the site is trying to tell them. "That," says Garcia
from her womb. Goyco, "is a mystery."
FederalArcheology FaliTWinter 1995
—
and leveling land, though difficult to treat all cases by Friedman Honored for "Remote Sensing/
effective for agriculture, the book, he says. "We don't Building Outreach, Bureau Geophysical Techniques for
can potentially destroy have the staffto efficiently Profile Cultural Resource
archeological sites. Yet handle 106 on a case-by- The Bureau ofReclamation Management" will be given
when sites are found, case basis." May 22-26 at Cahokia
— has given its prestigious
landowners fearing state Now, trained stafffrom the Mounds State Park in
— resources management
interference are some- agency's local field office can Collinsville, IL. Participants
award to Edward Friedman,
times reluctant to have the do the initial inventory if a will be instructed in the
federal preservation officer
Service notify the state his- site is found on land where geophysical equipment and
toric preservation officer. the NRCS is giving assis- at its Denver office. aerial photographic tech-
So the NRCS is caught tance. Any further work is RDeacnlaBmeaatrid,oninCopmrmesiesnstiionngetrhe niques used to identify,
between losing landowner to be done by qualified spe- evaluate, and protect cul-
trust and failing to promote cialists. award, cited Friedman's far- tural resources. Training
preservation. An operational plan will reaching influence. includes use ot magnetome-
A new programmatic agree- guide NRCS in gathering all Friedman was instrumental ters, conductivity and resis-
mentpromises to address the relevant data about each in creating the Federal tivity meters, metal detec-
Preservation Forum, which
these and other problems. site at issue, helping the tors, ground penetrating
The agreement, among the Service, the landowner, and has fostered cooperation radar, and low altitude,
among cultural resource
Service, the President's the preservation officer large scale aerial reconnais-
Advisory Council on Historic come to an agreement about managers and programs sance. Attendance for the
Preservation, and the what to do. This, says nationwide. He is also cred- course is $475.
National Conference ofState Kaczor, will provide a firm ited with boosting his "Low Altitude, Large Scale
Historic Preservation factual basis for making bureau's public and profes- Aerial Reconnaissance for
Officers, hopes to help the decisions. sional visibility. Cultural Resource
NRCS carry—out its mission Expect more flexibility on Friedman has been notably Management" will take
conservation while protect- all sides, says Kaczor. active in promoting compli- place May 5-14 and August
ing the sites and artifacts that "There's an anti-regulatory ance with the Native 1-9 at San Juan College,
turn up on farms and ranches climate out there right now. American Graves Protection Farmington, NM. The
across the nation. If you try to shove 106 com- and Repatriation Act. And course, co-sponsored by the
An earlier agreement, pliance down people's with Reclamation's support, Park Service and San Juan
struck in 1984, was termi- throats, you're going to see he worked with the Society College, provides introduc-
nated twoyears ago when a historic preservation take a for American Archaeology to tory instruction in LALSR,
few states expressed dis- 180-degree swing." Now launch a public education which uses camera-equipped
agreement over NRCS com- policy can be fine-tuned at newsletter that now reaches remote-controlled model
pliance with section 106 of the state level, because pro- over 5,000. He has also edu- aircraft to produce large-
the National Historic cedures that are applicable cated the Denver-area public scale, high-resolution pho-
Preservation Act. Interim in New Mexico may not be about the BOR's work, tographs. Aside from lec-
measures were put in place in Vermont. The agreement developing displays for Earth tures on the theory and
as the current terms were also stipulates that NRCS Day and supporting presen- practice, the course offers
negotiated. will continue to take advan- tations at schools and uni- practical experience in flight
The new agreement com- tage ofnew technology and versities. training and constructing
pletely revises NRCS poli- requirements for quality the aircraft. Attendance is
cies and procedures. assurance, monitoring, and Cutting-Edge Courses free.
Notably, the Advisory reporting. The Advisory The NPS Rocky Mountain For more information, con-
Council has loosened its reg- Council, tor its part, will regional office is offering tact Steven L. De Vore, LIS.
ulations. periodically review the training in some of archeolo- Department ot the Interior,
Mike Kaczor, federal process. gy's most effective electronic National Park Service,
preservation officer of the "The new agreement tools. Archeologists, archi- Rocky Mountain Region,
NRCS, says the arrange- allows tor a lot more com- tects, cultural resource man- Interagency Archeological
ment is designed "to tailor munication about agency agers, and anyone interested Services, 12795 West
the compliance process to mission and function," says in mastering the technology Alameda Parkway, RO. Box
CO
[NRCS] operations." The Kaczor. "We're helping over- are encouraged to attend. 25287, Denver,
size and nature of the all historic preservation a Participants need no previ- 80225-0287, (303)
agency's workload makes n heck ot a lot belter." ous technical experience. 969-2882.
FederalArcheology FallAVinter 199.5
Protecting; tie Nation's Inkeilpl Hen
No Compensation for tory takingwithout compen-
Developers Denied Kennedy,Harris Speakat FBIHeadquarters sation. The lower court held
Permission to Disinter National Park Service Director Roger Kennedy shares a moment that the developers nevet
Under Iowalaw, ifhuman with Assistant Attorney General Jo Ann Harris at the Society for hunaddearvsetsatteutdoprryooprerctoymrmigohtn
remains more than 150years American Archaeology's public law tobuild a house on an
old are found tohave stateor
national significance, the state service awards, which honored ancient burial mound.
The developers appealed to
archeologistcandenypermis- five Department of Justice the IowaSuptemeCourt,
sion todisinter. Since this may
limit construction on some- employees. Both made presenta- which acknowledged that
when landuse regulation
one'sproperty, is the landown- tions at the December ceremony,
erentitled tocompensation? denies the ownerall economi-
The issue was recently along with senior law enforce- cally beneficial orproductive
decided by the Iowa ment administrators from the use ofthe land, the state must
Supreme Court in Hunziker payjustcompensation. The
v. State, 519N.W.2d367 Departments of Interior and courtwenton tonote, howev-
(Iowa 1994). By a 4-1 major- Agriculture. Itwas the third time er, that underlimitedcircum-
stances, the state may resist
ity, the court, in a broad- inthelastyearthatHarrishadaddressedagatheringofarcheol- paymentofcompensation.
ranging opinion, affirmed a
lower ruling denying several ogy, lawenforcement, and cultural resource management profes- Thus ifthe state could
show that, under Iowa nui-
land developers a writ of sionals.
mandamus that would have — sance and property law, the
commanded the state to Top law enforcement representatives together with officials developers' rights regarding
condemn a parcel ofland fromtheU.S. Navy—alsoturnedoutfora Novemberceremonyat the lot never included the
tthheeyUoniwtnedanSdt,atpeusrsaunadntIotwoa Norfolk's Nauticus Museum to recognize citizens who helped rtihgehtwatyo utsheetrheagtulpaatricoenlfiont-
constitutions, provide them apprehendlooters.The"citizenstewards"werethefirsttoreceive bids, thete would be no
compensable taking.
just compensation. rewards paid for by fines levied under the Archaeological
The plaintiff/appellant The developets claimed that
ResourcesProtectionAct.OfficialsfromtheNavytooktheopportu- in order toprevail, the state
developers purchased the lot
— — would have to show that Iowa
in question in 1988 as partof nitytopresent forthefirsttime itspolicyon submergedships
property law forbade them
a 59-acre tract offarm land
andaircraft. from constructing a family
that they subsequently trans-
formed into a housingsubdi- Both ceremonies applauded the successful cooperative work of residence on the lot, absent
the statutorysections autho-
vision. In 1991, after theysold theInteragencyArcheological ProtectionWorkingGroup.
rizing the state archeologist to
the lot for $50,000, the state
denydisinterment. They
archeologist learned that a
Native American burial archeologist prohibited disin- the purchase price to the argued that, because the state
mound from the Woodland terment of the mound and buyer and took back the lot. cannot make such a showing,
Period (500 B.C.-1000 A.D.) required a buffer zone around Then they brought a man- a taking occurred for which
they must be compensated.
lay near the centerofit. it. As a result, the city refused damus action in the district
Pursuant to Iowa Code sec- to issue a building permit. court, alleging that the state's In addition, the developers
tion 305A.9 (1991), the The developers refunded action amounted to a regula- continued on page 9
FederalArcheology Fall/Winter 1995
—
iking in a remote have been spray-paint-
wilderness area, ed atop the ancient
you discover a symbols. A rusted
large Anasazi pot refrigerator stands at
wedged between the base ofpetroglyphs
two rocks. outside Albuquerque,
Your father is using a New Mexico. In an
hackhoe to dig a water Arizona cave, gouges
line for your new fami- scar a wall where
ly home. He discovers native peoples once
the remains of several expressed themselves
American Indian bod- in millenia long past.
ies, but wants to finish Asthe\ideomakesclear,
—
using the backhoe, dieseplaces called"out-
which is rented out for door churches" by a
only a day. ranger at Bandolier
On a scouting trip to National Monument
"JENSJORGENJENSEN
a historic ghost town, are still revered by the
you notice your scout SILENT WITNESS descendants of native
leader picking up bits peoples. Narrator Robert
of pottery. When you Redford poses the
tell him that taking Learning Guide Testifies to Loss of NativeAmerican Treasures question, "Why, then,
artifacts is illegal, he do we treat them the
retorts thatlittle things way we do?"
like brokensherdsreal-
A
ly don't count. reformed looter
These are just a few of the dilemmas students face in Silent offers one telling clue. The man, caught removing three
Witness: Protecting American htdian Archaeological Heritage, a Navajo pictographs, says "I thought it was like J-walking. It's
learning guide and video for teachers created by the National illegal, but nobody cares." The director of the Hopi cultural
Park Service with the National Parks Foundation. The pack- preservation office tells of a German buyer offering $15,000
age, based on the time-honored idea ofculti- for a Sityaki polychrome vessel during an FBI
vating minds while they are young, has been sting.
—
sent to every middle and high school in "I thought it was The video —also useful for educating the
Arizona, New Mexico, the southern half of general public testifies to the need for laws
Utah, southwestern Colorado, and El Paso. like the Archaeological Resources Protection
Act and the Native American Graves
like J-walking.
from putting students on the spot, Protection and Repatriation Act. Handcuffed
—
Asitdhee lessons encourage them to consider looters cardboard boxes crammed with
—
what they value about their own histo- sherds nearby dramatically illustrate the lure
ries. Sites and artifacts are given a per- It's illegal, but of the marketplace. Fragments of stolen pot-
sonal dimension as "messengers" of past tery commonly resurface as jewelry or as pho-
peoples, who shared many of the same tographic props in advertisements.
hopes, needs, and concerns that students have nobody cares."
today. One of the guide's most important goals young Navajo says that the issue comes
is helping young people become culturally lit- down to a conflict over what we value as
erate, as evidenced by an exercise that asks a society. Thanks to projects like Silent
them to interpret what Abraham Lincoln Looter caught removing Witness, perhaps Americans will come to
meant when he said, "A country with no Navajo pictographs realize the priceless heritage that is being
regard for its past will have little worth remem- lost, never to be replaced.
bering in the future." For more information, contact Glen Kaye,
The videodrives home the pointwith aseries National Park Service Southwest Region,
oi jarring juxtapositions. Native American dancers in silhou- Division of Interpretation, RO Box 728, Santa Fe, NM,
ette lade to a slow pan of rock art, with viewers gradually 87504-0728, [phone]. CopiesofSilent Witness are lim-
aware that "K.C. Rules," "The Brethren," and "Bronco 88" ited, and there are no plans to reproduce it.
FederalArcheology Fali/Winter 1995
asserted that the state Authority has successfully service. From September 1993
archeologist made the find prosecuted a man caught U.S. ReturnsArtifacts toJanuary 1994, 226 individ-
ToSouthAAmmeerriiccaa
and denied permission to digging an archeological site uals underwent eight hours of
disinter after they had pur- along the Tennessee River in training atvarious locations in
chased the land. Muscle Shoals, Alabama. theTennessee Valley. The
Consequently, they argued, On February 7, 1994, offi- trainees included lawenforce-
the state archeologist's cerswithTVA's public safety ment officers, federal archeol-
action constituted a post- service observed a man dig- ogists, a state district attorney,
purchase regulatory action ging with a knife intoanerod- and land management agents
that, because it effectively edbank that is part ofthe fromTVA and otherfederal
eliminated the land's only Authority's Muscle Shoals and state agencies.
economically productive use, Reservation. Recognizing that This second application of
was a compensatory taking. the area appeared tobe an ARPA's civil penalty provi-
The court rejected the archeological site, the officers sion follows a 1992 case
developers' arguments. It issued the man anotice of brought by the Forest Service,
held that the Iowa Code sec- violation ofARPA. ome 35illegallyobtained where an administrative law
TVA
tions that authorize the state archeologists subse- artifactsdiscovered inNew judge upheld a $43,500
archeologist to deny disinter- quently discovered that the Mexicowerereturnedto penalty against violators.
ment were part of the state's site was an archeologi- theircountriesoforiginina Recently, the National Park
property law long before the cal midden containing lith- September26ceremonyatDOI Service archeological assis-
plaintiffs purchased the land ic flakes, fire-cracked rock, headquartersinWashington, tance division published
in question. The developers, and two burned surfaces technical brief 16, The Civil
DC. NationalParkService
therefore, took title to the indicating levels that had Prosecution Process ofthe
DirectorRogerKennedy,pre-
land subject to the provi- once seen human occupa- Archaeological Resources
sions ofthose sections. tion. Although the man sidingovertheevent,called it Protection Act, by the Hon.
The court recognized that denied h—e was digging for a"gaenncayf'fsircmoamtimoint"moefnthistopre- Sherry Hutt, who is on the
any limitation sosevere as to artifacts and none were bench ofthe Maricopa
prohibit all economicallyben- found in hi—s servingculturalheritage County, Arizona—, superior
eficial use cannotbe newly possession the archeolo- nationallyand internationally. court. The brief which
legislated or decreed without gists determined that part Theartifacts,foundinthe details the procedure for pur-
compensation, but must ofthe site had been possessionofadeceased Santa suing ARPA violations under
inhere in the title itselfandin destroyed along a 27-foot Fe resident,wereobtainedby the admi—nistrative law
the restrictions that back- stretch ofbank. The value thefederalgovernmentthrough process is intended to
ground principles ofstate of the destroyed resources civilforfeiture. Investigators familiarize federal and tribal
property and nuisance law was estimated at $2,645. fromtheNationalParkService land managers with ARPA's
already place upon land own- Discussions between the andtheBLMfoundthatthe civil provisions and provide
ership. The court found, how- violator's attorney and TVA personhadtradedartifactshe them with a blueprint for
ever, that when the develop- counsel led to an agreement removedfromfederallandsin prosecuting violators civilly.
ers acquired title to the land, that, pursuant to section ffof NewMexicoforothersfrom It is also a valuable instruc-
there was no right todisinter the act, the TVA would Peru,Ecuador,CostaRica,and tion manual for federal law
the human remains and build assess a civil penalty of$400, Mexico. enforcement personnel and
in the area where the remains and in exchange the violator Amongthereturned items departmental solicitors.
were located. The state, would waive his rights to a werejadeitefigurines,ceramic To receive a copy, comact
under existing law, could pre- hearing and an appeal. The vessels,effigywhistles,atextile the NPS Archeological
vent disinterment. TVA decided that attempt- Assistance Division, RO.
loincloth,andprehistoriccop-
Consequently, there was no ing to recoup the full cost of permoney.Though itisnot Box 37127, Washington,
compensatory taking. the damages would not be DC. 20013-7127, (202)
knownwhethertheitems
cost-effective, and so accept- 343-4101.
TVA Uses Civil Penalty ed the $400 penalty. entered thecountryafter
importlawswereenacted,
Process to Prosecute TVA's success in the case National Register Felon
then-NPSSouthwestRegional
Muscle Shoals Digger is an outcome of its Convicted
DirectorJohn E.Cooksaidthat
In only the second use of Archaeological Resources returningthemwasdictated by A man who did over
ARPA's civil penalty provi- Protection Act program, $40,000 damage to a
"ethicalconscience."
sion, the Tennessee Valley sponsored by the public safety National Register site has
FederalArcheolocy FallAVinter 1995
— —
1
become the first felon con- Maline culture, which tively using local expertise. handled the prosecution.
—
victed under ARPA in the developed along the Poteau If additional assistance is In an earlier case the first
Corps of Engineers Tulsa River Basin more than required, it is dispatched for trafficking Native
District, which encompasses 1,500 years ago. The cul- from the center. American sacred objects
—
Oklahoma and parts of ture which represents the Smithco-edited thebook, Brian and Gerald Garcia of
i
Kansas and Texas. beginning of sedentary and Protectingt/iePast, whoseroyal- New Mexico were found
John Raley, U.S. Attorneyfor agricultural—life in eastern tiesweredonatedtothe guilty of removing kachina
the eastern district of Oklahoma was ancestral SocietyforAmerican dolls from the Pueblo of
Oklahoma, announced that to the Mississippian-related Archaeology toaidprotection Acoma in violation ofNAG-
onOctober 13 Randall Leon chieftain societies that andeducation programs. PRA (18U.S.C. 1170(b)).
Craig, 21, ofTalihina, was flourished between the 10th The two then attempted to
foundguiltyofafelonyviola- and 14th Centuries along Traffickers Prosecuted in sell the dolls to an under-
tionofthe act. Basedonevi- the Arkansas River. The First NAGPRA Cases cover BLM agent.
dence presentedbyassistant Lake Wister sites are strewn Two recent cases represent Brian Garcia was fined
U.S. Attorney Paul Hess, Chief with cultural materials, the first time anyone has $300 and received 18 months
Judge Frank H. Seaysen- plant and animal remains, been prosecuted for violat- probation. Hisbrother
tencedCraigtothreeyears' and burials. ing the criminal provisions Gerald was also fined $300
probation andsix monthsin a ofNAGPRA. and ordered to spend three
federal halfwayhouse. Smith Awarded for In a Decemberprosecu- months in a halfway house.
—
The case against Craig Building Network, tion the first for trafficking Assistant U.S. Attorney
arose after a year-long inves- Awareness Native American human Rhonda Backinoff was lead
—
tigation by the FBI and the The National Park Service remains a Virginia man pled prosecutor.
Corps of Engineers, assisted has given George S. Smith a guilty to a two-count charge
by the Oklahoma special achievement award. ofviolating both NAGPRA Course Touts Team
Department of Wildlife and Smith, chiefofthe Southeast (18U.S.C. 1170 (a)) and Approach
Latimer County authorities. Archeological Center's ARPA(16US.C. 470ee). The Federal Law
The investigators found evi- investigation and evaluation Richard R Maniscalco, 49, Enforc—ement Training
dence of looting in the Lake section, has been instrumen- sold a BLM undercover agent Center the nation's lead
Wister Locality tal in establishing an ARPA the legbone ofa Cheyenne organization for interagency
Archeological District, a task force in the region, Indian and assorted artifacts training of federal law—officers
National Register property which has prosecuted 1 includingbuckles, cartridges, andjustice personnel is
under Corps authority. cases to date, all convictions. bullets, casings, and Native offering a five-day course
Hesscontended in court Smith has also increased American funerary objects he demonstrating the benefits of
that during September 1993 awareness among park per- removed from federal and the team approach to investi-
Craigexcavated, removed, sonnel and the public. Indian lands in Montana. gating archeological
damaged, orotherwise altered Aside from personally Some ofthe artifacts were resources violations. The pro-
or defaced the archeological training staffat various taken from the Little Big gram, which fosters network-
site without apermit, causing agencies, Smith arranged for Horn Battlefield National ing, is intended tor both law
harm in excess of$40,000. the Federal Law Monument. officers and archeologists at
Disturbed artifacts observed Enforcement Training Pursuant to a plea agree- the federal, state, and local
on the surface ofthe site Center's 40-hour ARPA ment, Maniscalco agreed to levels. Course content was
included tools, large and small course to be taught at sever- forfeit dozens of illegally developed in conjunction
animal bones, shellfish, and al parks throughout the obtained items. Sentencing with the National Park
ceramics. Burned rocks, likely region. is set for March 14- Service, the Bureau of Land
arranged in circles by the And, thanks to Smith and In a Department ofJustice Management, and the Forest
site's early inhabitants, were NPS special agent Chip press r—elease, Helen F Service.
scattered about, obliterating Davis, the region instituted Fahey U.S. Attorney for the The L995 schedule is:
anything archeologists might a shared services program to eastern district ofVirginia March 27-31, Williamsburg,VA
have learned from them. maximize archeological commended the teamwork of April 17-21, Portland, OR
Lake Wister Locality con- resource protection. When the National Park Service, the July 17-21 (location tbd)
tains 220 recorded sites dat- a violation occurs, the FBI, and the U.S. Attornev's September 11-15 (location tbd)
ing from 2000 B.C. to 1500 regional office in Atlanta Office for the district ot For more information, call
A.D. It lies within the determines whether the Montana. Assistant U.S. (S00) 74FLETCor (912)
heartland of the Fourche case can be pursued effec- Attorney Dennis M. Kennedy 207-2345.
10 Federai Archeology Fau/Winti.r 1995