The following is a list of ACPAC FAQ's (frequently asked questions):
How did ACPAC begin? What is the legal situation? What is ACPAC's current membership? Where does ACPAC get its money and what does it do with it? Who supports ACPAC from behind the scenes? Is party politics involved?
How did ACPAC begin?
In 1981, in response to pressure from California's Native American Heritage Commission, the Director of the State Division of Parks and Recreation ordered major collections in the State Indian Museum, a publicly owned and financed museum in Sacramento, to be reburied in some 20 state parks in California. Items scheduled for reburial included 800 human skeletons from archaeological sites, mostly from 2000 to 5000 years old, and all objects from the same locations, an estimated 10,000 artifacts. This action was not only a violation of the public trust, but failed to consider the wishes of those who had contributed collections to the museum with the understanding that such collections would be preserved. A group of some 20 archaeologists in California decided to oppose the state in court and filed a class action suit in the name of ACPAC, arguing that it was improper to create new cemeteries on the public land of state parks, that an environmental impact report was required before any such action should take place, and that the public's ownership of this resource should be respected. While our action was under way, the state reburied one important collection in Patricks Point State Park and another in Cuyamaca State Park. A state court issued a permanent injunction to stop this activity until an acceptable environmental impact report was prepared, something that has not happened in the past 15 years since no acceptable environmental impact report is possible. The legal action was sustained out of the pockets of a small number of archaeologists and museum workers, but the state was ordered to pay part of ACPAC's legal expenses.
As actions similar to California's were initiated across the country, it became apparent that this was a national political problem and ACPAC initiated a Newsletter to inform others of what was happening. Often the destruction of museum collections was done secretly, and we depended on whistle-blowers to provide information about what was actually happening.
What is the legal situation?
Since 1981, federal and state legislation mandating the giving up of archaeological collections to Indian claimants has proliferated and many collections have been reburied. The principal law is the Federal Native American Graves Protection and Repatriation Act, which orders that not only human remains of any age, but also anything claimed as "sacred" can be confiscated from museums.
Under provisions of the law, recent manufactures commissioned and paid for by museums and collectors have been confiscated and given to Indian claimants, including masks and other objects made within the past few years and having no relationship whatever to Indian graves. In addition, materials collected legally generations ago have been taken. Fossil human remains dated at more than 10,000 years ago have been given up for destruction by reburial. There is underway a major raid on American museums which is depleting the scientific and educational value of these institutions.
We believe the federal law to be unconstitutional under the first amendment of the Constitution, which says that Congress shall pass no law respecting an establishment of religion. Federal and state laws are framed in terms of allowing undefined "Indian religion" to take precedence over property rights, scientific, educational, or public interests. At least one California statute about Indian religion has already been declared unconstitutional. Government agencies are actively involved in supporting the return and destruction of archaeological collections, including the National Park Service, the Bureau of Land Management, the US. Forest Service, and others.
What is ACPAC's current membership?
Slightly over 1200 members; some members in all 50 states, Guam, Puerto Rico, and a few in Canada, which is not affected by our legal system but faces similar problems of preserving archaeological collections. The majority of the members are archaeologists and museum workers, but recent sign-ups have included an increasing number of avocational archaeologists and graduate students (who realize that they aren't likely to be able to practice archaeology in the United States).
Where does ACPAC get its money and what does it do with it?
ACPAC is entirely supported by voluntary contributions from its members. It asks for no dues. Our principal expenditure is the production and distribution of our Newsletter and the maintenance of this home page on the internet. When we have a cash surplus, we use it for legal expenses to support the cause of archaeology in court cases. In addition to our initial case, we have contributed modest funds to one other legal case in California and one in West Virginia. Should we get enough money, we will head for the Supreme Court to repeal or amend those federal regulations which prevent archaeological study and require the destruction of collections.
ACPAC has no paid employees, no rented office space, and the staff and individual members pay their expenses out of their own pockets.
Who supports ACPAC from behind the scenes?
ACPAC is independent of all other organizations and is supported only by its members. Our founding resolution has the recorded sponsorship of six scholarly organizations but there is no formal or financial relationship to these groups.
Is party politics involved?
"Indian religion" laws have been introduced and generally supported by both Republicans and Democrats ranging from far right to far left. President Bush signed NAGPRA; Senator Inouye repeatedly introduces legislation to give natives control over archaeological studies and collections. So far no legislator, to our knowledge, has challenged the laws, supported museums, or taken a critical position about the ongoing elimination of collections. We believe this is "feel good" legislation which is not considered very important and is not examined closely by the political system.
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