"Federal legislation introduced in the U.S. House on Wednesday by Rep. Doc Hastings, R-Wash., would protect the opportunity for scientific study of ancient remains such as Kennewick Man.He proposed the legislation in response to a bill quietly approved by the Senate Committee on Indian Affairs last month that Hastings said would effectively block the scientific study of ancient skeletal remains discovered on federal lands.
'This change, tucked into what is being called a technical corrections bill, is very far from a minor "technical correction,"' Hastings said of the Senate bill. 'It is a fundamental shift in existing law and would overturn a decision in the Ninth Circuit Court of Appeals.'"
As always, up-to-date links and commentary on this and related issues can be found at Friends of America's Past; see the NAGPRA News and Comment page for background and current commentary on proposed legislation and regulation. Of particular note is the American Association of Physical Anthropologists statement, and attorney Ryan Seidemann's letter, opposing the Department of Interior's proposed rules for the disposition of culturally unidentifiable human remains, posted in the Federal Register 10/16/07, not long after S2087 was passed out of the Senate Indian Affairs Committee in late September.
*The text of Hastings' bill (a brief backgrounder on Hastings and this issue can be found here, and a q&A here):
HR 4027 IH
110th CONGRESS
1st Session
H. R. 4027
To amend the Native American Graves Protection and Repatriation Act so that it will be interpreted in accordance with the original intent of Congress to require a significant relationship be found between remains discovered on Federal lands and presently existing Native American tribes for those remains to be applicable under the Native American Graves Protection and Repatriation Act.
IN THE HOUSE OF REPRESENTATIVES
October 31, 2007
Mr. HASTINGS of Washington introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To amend the Native American Graves Protection and Repatriation Act so that it will be interpreted in accordance with the original intent of Congress to require a significant relationship be found between remains discovered on Federal lands and presently existing Native American tribes for those remains to be applicable under the Native American Graves Protection and Repatriation Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PURPOSE.
The purpose of this Act is to reflect the decisions of the United States District Court of Oregon and the United States Court of Appeals for the Ninth Circuit and reiterate that Congress intended the Native American Graves Protection and Repatriation Act (Public Law 101-601; 25 U.S.C. 3001 et seq.) (referred to hereafter in this Act as the `Act') to apply only to remains and other cultural items that have a significant genetic or cultural relationship to presently existing Native American tribes, and to protect the ability for scientific study of ancient human remains or cultural items discovered on Federal lands that are not substantially related to presently existing tribes.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The American public benefits in many important ways from new information about the ancient peoples and cultures that preceded us on this continent.
(2) The litigation that occurred over the study and disposition of the ancient
human skeletal remains known as Kennewick Man was extremely costly and divisive.
Ultimately, the United States District Court of Oregon and the United States Court of Appeals for the Ninth Circuit ruled that Federal agencies erred in applying the Act to Kennewick Man and blocking scientific study.
(3) Future controversies are likely to arise over scientific study, safekeeping and disposition of other ancient skeletal remains and cultural items if greater clarity is not provided in the Act.
(4) When the Act was originally enacted, it was the intent of Congress that the
Act should only apply to human remains or other cultural items that have a special, significant, and substantial relationship to presently existing Native Americans.
(5) Determinations by Federal agencies and museums that human remains and other cultural items are subject to the provisions of the Act should be based upon reliable and substantial scientific information.
(6) The Archaeological Resources Protection Act of 1979 (Public Law 96-95; 93 Stat. 721, 16 U.S.C. 470aa et seq.) reflects this Nation's commitment to the preservation of archaeological resources and scientific study of these resources for the benefit of all Americans.
SEC. 3. DEFINITIONS.
The text of section 2(9) of the Act (25 U.S.C. 3001(9)) is amended to read as follows: `Native American' means cultural items that have a significant and substantial genetic or cultural relationship, based on factors other than geography alone, to a presently existing tribe, people, or culture that is now indigenous to the United States.'.
SEC. 4. PROTECTION OF ABILITY FOR SCIENTIFIC STUDY.
Section 3 of the Act (25 U.S.C. 3002) is amended by adding at the end the following: `(f) Protection of Ability to Study- Nothing in this Act shall be deemed to restrict excavation, examination, investigation, or scientific study under the Archaeological Resources Protection Act of 1979 of any cultural item found on Federal land that has not been determined to be the property of an Indian tribe or a Native Hawaiian organization.'.
END
Ahh, we'll feed it tomorrow.
*Actually, none. None are worthy!
"But one of the few good things about old age is outliving people you despise."
I'll remember to look forward to that.
Google Earth is available for Linux! (Maybe it has been for some time, but this is the first I've heard of it.)
It contains a hidden 'Flight Simulator' feature!
Good-bye, frank and productive weekend!
Me, I think I'm going to go over there and leave some spelling and typo flames.
Update: Ah, it's also today's APOD. Pretty pretty.
