Colorado Republican Sen. Ben Nighthorse Campbell is attempting to insert broadening language into the Native American Graves Protection and Repatriation Act “so that any ancient skeleton can be claimed by modern American Indian tribes even though they have no known connection to the remains,” thus reversing the disposition of such cases as the Kennewick Man controversy (see Aug. 9, Aug. 2 and links from there). Such a step “could significantly reduce — and perhaps cripple — legitimate scientific inquiry into the origins of human settlement in the Western Hemisphere. The retiring Campbell apparently hopes that one of his last acts in Congress will be to undermine the sort of vital study that is undertaken in virtually every other region of the globe.” (“Campbell’s assault on science” (editorial), Rocky Mountain News, Oct. 13)(via Moira Breen, by way of Jim Henley). More: Tim Sandefur comments at Panda’s Thumb (Oct. 4).
Posts Tagged ‘antiquities’
Update: Further Kennewick Man litigation likely
The Los Angeles Times reports that the eight-year-old legal battle over scientists’ attempts to study the 9,300-year-old bones (Feb. 14) is probably not over, even though Indian tribes and the Department of Justice decided not to appeal the Ninth Circuit’s ruling to the Supreme Court. Before, Clinton administration objections under the Native American Graves Protection and Repatriation Act prevented study. Now, the U.S. Army Corps of Engineers, which has custody of the bones, is objecting under the Archaeological Resources Protection Act of 1979 to anthropologists’ plans to study the skeleton. And the tribes have filed papers expressing their intent to continue litigating. In the words of the Houston Chronicle’s headline-writers in reprinting the LA Times article, “Curse of lawyers surrounds ancient skeleton.” (Tomas Alex Tizon, “Skeleton Case’s New Bone of Contention”, Los Angeles Times, Aug. 2 (via Bashman); Eli Sanders, “An 8-Year Fight Ends Over a 9,200-Year-Old Man”, New York Times, Jul. 20; Tim Sandefur, Panda’s Thumb blog, Mar. 25; Bonnischen v. United States; Friends of America’s Past website and Aug. 4 press release).
Beware the Indian-artifacts police
A 1990 federal law restricts commercial trade in American Indian archaelogical remains and so-called sacred objects, and pressures public institutions to hand over (“repatriate”) such holdings to tribes. According to its critics, the law has begun to put a serious crimp in archaelogical investigation of the North American continent. It also menaces legitimate dealers of artifacts with prison terms over vaguely defined offenses, all while providing the adherents of certain religious tenets (those claimed to be traditional native beliefs) with powerful legal muscle not available to those of us who may hold other (or no) religious beliefs. (Steven Vincent, “Grave Injustice”, Reason, Jul.). For the “Kennewick Man” controversy, the most famous thus far to arise under the law, see Feb. 14 and links from there. For cases with sometimes-overlapping effect arising from a federal law which restricts trade in artifacts whose components include the feathers of eagles and other protected birds, see Sept. 11-12, 1999.
Update: “Scientists win Kennewick Man ruling”
“The scientific community should be allowed to study the 9,000-year-old human bones known as Kennewick Man, a 9th U.S. Circuit Court of Appeals panel ruled [last week], rejecting an appeal by several tribes claiming kinship and seeking to rebury the remains.” The court found little evidence of either a genetic or a cultural link between the prehistoric corpse and present-day Indian tribes. (Tom Paulson, Seattle Post-Intelligencer, Feb. 5) (see Sept. 27-28, 2000; Oct. 11, 1999). See “In our view: Kennewick Man” (editorial), The Columbian (Vancouver, Wash.), Feb. 8; Moira Breen; Lex Communis; Brian Doherty, Reason “Hit and Run”, Feb. 12; Sarah Graham, “Scientists Win Latest Ruling in Kennewick Man Case”, Scientific American, Feb. 6. More: Aug. 2.