The document discusses relations between Native Americans and archaeologists prior to and after the 1990 Native American Graves Protection and Repatriation Act (NAGPRA). There was tension before NAGPRA over ways of knowing the past and desecration of graves. NAGPRA requires museums to inventory and potentially repatriate Native American remains and objects to tribes. While it balances interests, neither side is fully satisfied - Native Americans want more coverage and power while archaeologists feel it limits study and elevates religion over science. However, some see NAGPRA as an important step for civil rights.

1. ANT 102, November 19th
Today’s topic:
Relations between Native Americans and Archaeologists
Three parts of today’s lecture
1) Tension and conflict between Native Americans and archaeologists prior to 1990
2) The 1990 Native American Graves Protection and Repatriation Act (NAGPRA):
a possible resolution to the conflict.
3) Multiple perspectives (positive, negative, Native American, archaeological) on NAGPRA

2. 1) Tension and conflict between Native Americans and archaeologists prior to 1990
Native American disagreements with archaeologists
--Ways of knowing the past
--Desecration of graves

3. Kodiak
Island
Ales Hrdlicka
American Museum of Natural History

4. American Indian Movement (AIM) occupation
of Alcatraz Island, San Francisco Bay
Vine Deloria, Jr.

5. American Indian Movement (AIM) occupation of Wounded Knee

6. NAGPRA: Native American Graves Protection and Repatriation Act (1990)
Senator John McCain: “I believe this bill represents a true compromise…In the end, each
party had to give a little in order to strike a balance and to resolve these very difficult
emotional issues…I believe this legislation effectively balances the interest of Native
Americans in the rightful and respectful return of their ancient ancestors with the
interests of our nation’s museums in maintaining our rich cultural heritage, the heritage
of all American peoples.”
NAGPRA does two things for Native Americans
1) Protects Graves
2) Repatriates (returns) bones and sacred objects to tribes

7. 1) Graves protection
--Any archaeology project on federal land or using federal funding must consult with
the nearest native American tribe if any Native American ruins are to be studied
--If graves are found on such a project, Native Americans determine what to do.

8. 2) Repatriation
Step 1: museums inventory their collections, studying all Native American bones and
sacred objects
Step 2: museums inform tribes of the Native American bones and sacred objects in
their collections.
Step 3: A Native American tribe requests that bones or objects be repatriated.

9. Pecos pueblo,
occupied 1000 AD,
abandoned 1838 AD

10. Jemez pueblo, 1882

11. 2) Repatriation
Step 1: museums inventory their collections, studying all Native American bones and
sacred objects
Step 2: museums inform tribes of the Native American bones and sacred objects in
their collections.
Step 3: A Native American tribe requests that bones or objects be repatriated.
Step 4: If necessary, the request goes to court to decide if there is cultural affiliation
between the tribe and the bones and/or objects.
What determines cultural affiliation? preponderance of evidence (51%)
What counts as evidence?
Archaeology, genetics, skeletal biology, written history, oral history, language, geography.
What evidence is given the most weight? All forms of evidence carry equal weight
Example of a questionable case of cultural affiliation: Kennewick Man

12. Shore of Columbia River where
Kennewick man was found
stock photo of two college students
Forensics expert’s
Skull of Representation of
Kennewick Man/ Kennewick Man/
The Ancient One The Ancient One
James Chatters
(coroner/archaeologist)

13. Bonnichsen (and others) vs. The United States
Douglas Minthorn, Umatilla Tribe
Bonnichsen
Chatters
Neo-pagans of European descent who wanted the skeleton for themselves

14. 2) Repatriation
Step 1: museums inventory their collections, studying all Native American bones and
sacred objects
Step 2: museums inform tribes of the Native American bones and sacred objects in
their collections.
Step 3: A Native American tribe requests that bones or objects be repatriated.
Step 4: If necessary, the request goes to court to decide if there is cultural affiliation
between the tribe and the bones and/or objects.
What determines cultural affiliation? preponderance of evidence (51%)
What counts as evidence?
Archaeology, genetics, skeletal biology, written history, oral history, language, geography.
What evidence is given the most weight? All forms of evidence carry equal weight
Step 5: Once cultural affiliation is demonstrated, the tribe gets their stuff back
from the museum.
Are all affiliated remains always returned to the tribe? NO
NAGPRA as civil rights legislation

15. As McCain said, NAGPRA strikes a balance between Native Americans and archaeologists
Nobody is completely happy
Why would Native Americans be unhappy?
1) NAGPRA only covers skeletons found on federal land
2) Museums are allowed to study human remains before repatriation
3) Very old remains (>1000 years) are usually not covered by NAGPRA
4) Archaeological evidence often does trump other forms of evidence when
discussing debating cultural affiliation
5) Only federally recognized tribes qualify for repatriation under NAGPRA

16. As McCain said, NAGPRA strikes a balance between Native Americans and archaeologists
Nobody is completely happy
Why would Archaeologists be unhappy?
1) Archaeologists think that their possession of Native American objects has
helped Native Americans and could continue to help them.
2) NAGPRA permits destruction of evidence
3) NAGPRA elevates native American religious beliefs above the principals of science
4) Cultures change : how can a “Navajo” from 500 years ago be affiliated with a Navajo today?

17. As McCain said, NAGPRA strikes a balance between Native Americans and archaeologists
Nobody is completely happy
Why would Archaeologists be unhappy?
1) Archaeologists think that their possession of Native American objects has
helped Native Americans and could continue to help them.
2) NAGPRA permits destruction of evidence
3) NAGPRA elevates native American religious beliefs above the principals of science
4) Cultures change : how can a “Navajo” from 500 years ago be affiliated with a Navajo today?
NAGPRA is not all bad for archaeology.
1) Most skeletal remains are unaffiliated
2) Museums are now forced to catalog and study their skeletons
3) Newly excavated skeletons will receive much better study
4) Curation facilities have improved
5) NAGPRA makes archaeologists more ethical: it is a good thing for
archaeologists to respect civil rights of Native Americans

18. Are the two sides (archaeologists and native Americans) always so different?
Dorothy Lippert, Choctaw Indian, Joe Watkins, Choctaw Indian,
archaeologist employed by the Smithsonian. University of Oklahoma.