EXTRACTS FROM RECENT
ARTICLES IN The ACPAC NEWSLETTER:
Ever Wonder Where You Tax Dollars Go?
Kennewick Travesty
Please Add Me To The ACPAC Membership List
EVER WONDER WHERE YOUR TAX DOLLARS GO?
Attorney Patrick Hallinan was tried and ACQUITTED of helping a client
smuggle marijuana. During a 1993 raid on Hallinan's house, federal agents
found a letter from Steve Allely, an artist who replicates artifacts. In
the letter was a picture of some arrowheads accompanied by the following
note, "I suppose this (Xerox picture) would be evidence if the wrong
BLM 'archaeo-cop' saw it so you'll have to douse it with some of that good
salad dressing you had our at our desert camp and eat it"
As a result of that letter a second case was opened which resulted in
a stake out of Allely and two archaeologists (Alan Pastron and William
Clewlow also acquaintance of Hallinan).
Armed with search warrants and weapons, uniformed federal agents hit
all four men's homes the same day. They frisked Allely and searched his
house for six hours; they looked through Pastron's personal letters and
photos; they confiscated Clewlow's passport, reports-in-progress, and personal
papers; and took an arrowhead collection from Hallinan's 14 year-old son.
Almost all of the items were returned more than a YEAR later and NO charges
were ever brought (Richmond VA. Times-Dispatch). The archaeologists' research
suffered a great setback, their business incomes dropped, and their neighbors
still believe the agents were on a drug raid.
The apology? In December 1997, Pastron received an admission from the
Justice Dept.'s Office of Professional Responsibility that ". . .the
prosecutor who approved the search committed misconduct. . . The Department
has taken corrective action based on the results of our investigation."
The others are still waiting for an apology and have found that federal
agents have many layers of protection from prosecution. (Editors note:
sounds like the IRS)
BUT WAIT, THERE'S MORE. . .
Native American arts and crafts collector Steve Diamant came home in
March of 1997 to find lawmen ransacking his house. Armed Hopi rangers,
Federal Bureau of Indian Affairs agents, and Santa Fe police were searching
his bureau and refrigerator and piling artifacts on the floor. The agents
seized Hopi Kachinas, contemporary baskets, wicker plaques, gourd rattles,
bank records, telephone bills, address books, checkbooks, photographs,
tax records, and Diamant's personal computer. "They told me I was
evil, that I was a cultural criminal and would go to jail," Diamant
told reporter Anne Constable. (Editors note: I wonder if the famous auction
houses such as Butterfields and Christies are aware of the evil involved
in the sale of these products?)
Diamant filed a motion, October 1997, asking for the return of his property.
The case was settled the day before a hearing on his challenge to the search
warrant. He agreed to donate three rattles to Hopi representatives and
a bullroarer to a Navajo Nation historic preservation officer. The rest
of the seized objects were returned and NO CHARGES were ever filed.
Under NAGPRA it is a crime to buy and sell sacred objects from tribal
lands after 1990, the law does not forbid the possession of these items.
Peter Schoenburg, Diamant's attorney, claims that NAGPRA is being used
to confiscate recently made Indian artifacts, take them to various tribes,
and incite "tribal authorities to claim stuff they have no right to
claim."
Jonathon Gerson, Asst. U.S. Attorney said "The search was initiated
by Hopi Police with no input from BIA." Robert Gallegos, Chair of
the Antique Tribal Art Dealers Assoc. Legal Committee believes the NAGPRA
law is "hopelessly vague" and does not differentiate clearly
between the sacred and the commercial. There is no consensus about what
objects are sacred.
KENNEWICK MAN TRAVESTY
What a difference a week makes!!!
"Kennewick Man will stay untouched for now" - Update APRIL 1,
1998 - The following contains excerpts from The Oregonian article
by Richard Hill.
The U.S. Army Corps of Engineers has halted a project that would cover
the site where the 9,300 year old skeleton was found.
"We are suspending the site-protection work effective immediately,"
said Duane Meier, spokesman for the Corps' Walla Walla District. "The
legislative intent is apparent, so we will wait to see whether the bill
is signed into law and what, if any, course the judge chooses to follow."
An amendment by Rep. Richard "Doc" Hastings, R. Wash., resulted
in the suspension of the prohibiting the agency from taking any action
to cover or alter the site.
Mr. Meier was referring to the amendment by Rep. Richard "Doc"
Hastings, R-Wash., which prohibits the Corps' from taking any action to
cover or alter the site."A very clear message was sent to the Army
Corps that the Congress opposes its plan to DESTROY the Kennewick Man site,"
Hastings said. "I'm pleased that the Army Corps heeded this message
and suspended its misguided plan."
"We're very relieved that the corps if going to show more restraint
and give Congress and the court the opportunity to look at this issue,"
said Alan L. Schneider, a Portland attorney representing eight nationally
prominent anthropologists who sued the Corps. The scientists are trying
to protect the invaluable discovery, which would enlighten current and
future generations as to ancient man's activities and perhaps genetic lineage.
Should the Army Corps continue with their project, Kennewick Man's invaluable
information will be buried by 500 to 600 tons of rock, destroying the integrity
of the site and making further study impossible.
The Archaeologists and Asatrus filed their suits in October 1996 when the
Army Corps stated it was going to give Kennewick Man, the oldest and most
complete skeleton ever found in the Northwest, to a coalition of Northwestern
Indian tribes. Since the skeleton is being withheld from scientific study,
there is no proof as to whom Kennewick Man is related.
ONE Week Later. . .
Kennewick Man Update - May 12, 1998
ARE YOU READY FOR THIS?
While Congress was on Spring break, the Kennewick Man site was covered
with 400 tons of boulders and dirt by the Walla Walla District of Army
Corps of Engineers. For some reason a rib fragment, found last December
at the K-Man site, was kept by the Corps in a box with animal bones.
While John Leier, Corps archaeologist, handed a box of more recent remains
to a Umatilla representative, "another tribal representative apparently
entered the storage area and walked off with a second box of remains."
While watching the reburial ceremony, Leier saw a bone being buried that
did not belong with the recent material. By the time he confirmed the error
and returned to the reburial site, the ceremony was over. Since several
hundred bones had been buried the Corps decided finding one small fragment
would be impractical.
"We're absolutely shocked about this new development," said Alan
L. Schneider, attorney for the scientists. We have no confidence that the
government is capable of protecting these bones. It also shows the double
standard that the Corps has - giving favorable treatment to the tribes
and allowing them access, while not allowing scientists access. The fact
that someone can go into a supposedly secure room and walk off with a box
of bones is unbelievable."
The Congressional Hearing on changes to NAGPRA law- Update
June 15 - excerpts from Columbian.
Pros:
"I feel very strongly that Kennewick Man can provide us with an absolutely
unique insight into the history of human beings in North America and in
the United States," said Sen. Slade Gorton (R-WA).
Anthropologist James Chatters, who testified before the Committee, said:
"The study of ancient people enriches, inspires and humbles us, but
it also has a practical side. We never imagined that in implementing this
well-intentioned statute, federal agencies would use it to deny Americans
access to the vast store of knowledge the human skeletal remains offer
to all of us."
Cons:
"What if researchers decided to open the graves of Abraham Lincoln
and George Washington for clues about how people lived in prior times?
People would be outraged" stated Eni Faleomavaega from American Samoa.
(Editors note: There have been several instances of requests to exhume
by family members such as Merriwether Lewis who wished to gain additional
knowledge about the famous explorer. Most recently a family requested that
the remains of an Unknown Soldier be exhumed. As a result, the remains
proved to be that of their long lost loved one. With advancements in technology
critical questions can now be answered by those who can no longer speak.)
The Committee asked about proof of Kennewick Man's 9300-year-old connection
to the current Tribal members. The Indians stated that their history is
decided through the oral history of their ancestors. "The scientists
cannot accept the fact that we have our own way of life.," added Armand
Minthorn, Umatilla. Gorton remarked, "The question as to whether or
not they (the remains) are ancestors of Indians living in the area at the
present time is almost totally unprovable."
Commentary:
While the 1991 NAGPRA law was enacted to ensure Indian tribes retrieval
of ancestors found on federal land, witness testimony indicated there was
not enough research done on Kennewick Man. "The law may need to be
changed to ensure that the U.S. Dept. of Interior - makes decisions about
the remains found on federal land," according to some House Members.
Congressman Doc Hastings said the hearing on this bill proved enlightening
and showed the government makes mistakes. "It was bungled so badly,
and I think that was a tragedy," he said, referring to the handling
of Kennewick Man.
Update July 3, 1998, Columbian and The Oregonian
Scientists filed a report in the U.S. District Court in Portland alleging
the mistreatment and resulting damage of Kennewick Man's bones at the hands
of the Corps. A report by curator Madeleine Fang, hired by the Corps to
review the bone storage in October 1997 stated "some of the bones
appear to be in very good shape". Other fragments, however, were brittle
"with bits of bone flaking in the bags along with burial soils, and
cracking." Scientists claim "the bones were not consistently
sealed in plastic bags, as defendants suggested to the court." Fang's
report shows some were in a brown - apparently paper - lunch bag, and others
were in partially open bags. "These conditions represent harm done
to the skeleton, apparently after it came into the (government's) possession.
Scientists are asking to see the skeleton and ensure it is being properly
preserved.
U.S. Magistrate John Jelderks ordered the skeleton moved from the Pacific
Northwest National Laboratory in Richland, WA, where it has been since
September 1996. The proposed new location is the Burke Museum at the University
of Washington in Seattle. Francis McManamon, chief archaeologist with the
U.S. Park Service and the federal official in charge of determining what
happens to the remains said inventories of the remains would be conducted
on September 1 prior to their relocation. Additionally the Interior Department
said in its court filing that the Kennewick Man site isn't included in
aboriginal land. "The site of the discovery does not fall within any
area recognized as the aboriginal land of any Indian Tribe in a final judgment
of the Indian Claims Commission or the United States Court of Federal Claims".All
parties involved are still trying to resolve this difficulty via mediation
in an effort to avoid going to court - thus they've agreed not to discuss
the efforts publicly.
NEVADA MUMMY UPDATE
"Spirit Cave Man" has joined Kennewick Man and a few others in
the exclusive 8,000 year old men's club. Cranial facial features show the
closest match to be the Ainu from Japan, according to Amy Dansie, Nevada
State Museum. The Bureau of Land Management has restricted access to study
both the Washington and Nevada remains. Nevada State Senator Ray Rawson
is a well-known forensic dentist who is interested in pursuing study of
the mummy, including DNA analysis. The Nevada Legislature will send a letter
to the BLM urging the remains be made available for study. Future legislative
action will depend on the BLM's response.
NAGPRA COMMITTEE REFUTES EXPERTS
Four prominent experts in Hawaiian art and religion testified for the Museum
of Natural History, Providence, Rhode Island during the second meeting
of the NAGPRA Committee discussing the "right of possession"
of a wooden image from Hawaii. This 15.5" tall statue, collected around
1810, was used in a canoe to hold spears or poles for fishing. Representatives
of Hui Malama I NaKupuna O Hawaii Nei and the Office of Hawaiian Affairs
claim the object is a god figure and therefore "sacred". In addition,
the Hawaiian representatives assert that "no one had the right to
trade such an item, not even the possessor."
Dr. Adrienne Kaeppler, Curator of Ethnology, National Museum of Natural
History, Smithsonian Institution; Dr. William H. Davenport, Professor,
Emeritus, Anthropology and Curator, Emeritus, University of Pennsylvania
Museum and co-author with J. Halley Cox of Hawaiian Sculpture, perhaps
the definitive work on carvings of this type; Rubellite Kawena Johnson,
Scholar-in-Residence at the Kawananakoa Foundation in Honolulu and formerly
for 25 years, Professor of Indo-Pacific Languages at the University of
Hawaii; and Herb Kawainui Kane, a recognized Hawaiian artist and historian
all agree that these ornamental spear rests were owned by individuals of
rank and were strictly utilitarian in nature.
The NAGPRA Committee found that (1) the figure is a "sacred object"
because Hui Malama said it is "sacred", and (2) did not make
a finding on the pivotal issue of "right of possession". The
committee did not order or recommend repatriation, however, it did suggest
the City of Providence consider its moral and ethical obligations to do
so.The City of Providence is challenging the NAGPRA Committee's decision
and will continue its Federal lawsuit. This litigation raises significant
issues impacting future activities of museums throughout the country.
Reproduced from ACPAC NEWSLETTER, May 1998
SIGN-UP:
HOW YOU CAN HELP - Support the Hastings Bill
Politicians work for votes - if proposed legislation comes before them
without any show of interest from their voting public - the legislation
will not be given the attention or support. PLEASE contact House members
by mail, FAX or e-mail (http://www.house.gov), as your associates to do
the same. In your statement you may want to include the following:
1. Your occupation
2. Why scientific study is important
3. The Hastings Bill is a compromise, not radical but equitable to all
parties
4. Mention any situations of which you are personally aware where NAGPRA
was used to block scientific research.
Send your original letter to: Please also send a copy to:
Representative Don Young, Chair Rep. Doc Hastings
House Comm. on Resources 1323 LHOB
2111 RHOB Washington, D.C. 20515
Washington, D.C. 20515
Or..
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