Liberty Wildlife Non-Eagle Feather Repository
The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law enacted in 1990 to address the repatriation of human remains, funerary objects, sacred objects, and cultural patrimony to Native American tribes and communities. While NAGPRA has been instrumental in managing the repatriation of human remains and cultural artifacts, there is a need to update and expand the definition of ancestral remains to include more than just human remains for Native tribal communities.
Native American tribes have deep connections to their ancestral lands, ecosystems, and non-human elements of their environment. For many tribes, ancestral remains extend beyond human remains and include a broader understanding of their spiritual and cultural heritage. This more comprehensive understanding encompasses non-human remains, such as animal remains, plant materials, and natural resources that hold cultural significance and are interconnected with tribal traditions, practices, and beliefs.
There are several reasons why ancestral remains should be updated in NAGPRA to include these non-human elements:
Spiritual and cultural significance: Native tribes often have ancestral stories, traditions, and ceremonies that involve the relationship between humans and the natural world. Animal remains, plant materials and natural resources are considered integral to these practices and are treated with reverence and respect. Recognizing the spiritual and cultural significance of non-human ancestral remains acknowledges the holistic worldview of Native tribes.
Ecological and environmental context: Native tribes have longstanding relationships with their ancestral lands and ecosystems. For many tribes, the environment is viewed as a living entity that includes human and non-human elements. Non-human ancestral remains provide essential ecological and environmental context, helping tribes understand their historical relationship with the land and its resources.
Cultural preservation: Including non-human ancestral remains in NAGPRA helps to preserve and protect tribal cultural heritage. Many tribes have traditional knowledge systems, medicinal practices, and ecological wisdom passed down through generations. Non-human ancestral remains are often integral to preserving this knowledge, as they hold insights into traditional methods, resource management, and the interconnectedness of all living beings.
The holistic approach to repatriation: Expanding the definition of ancestral remains in NAGPRA ensures a more comprehensive and holistic approach to repatriation efforts. It recognizes that tribal communities seek the return of human remains and the associated cultural and natural elements vital to their identity, history, and future. This approach aligns with the principles of self-determination and cultural sovereignty.
Updating NAGPRA to include non-human ancestral remains requires careful consideration and collaboration between Native tribes, government agencies, and other stakeholders. It would involve broadening the scope of the law to encompass a broader range of objects and materials that hold cultural and spiritual significance to Native communities. By recognizing and respecting the full extent of ancestral remains, NAGPRA can better serve the needs and aspirations of Native tribes, fostering cultural revitalization, healing, and the preservation of their rich heritage.
Discretion is crucial for principal investigators/authors who work with ancestral remains recovery, and maintaining higher standards is essential in this context. When engaging with ancestral remains, it is crucial to approach the work with sensitivity, respect, and ethical considerations. Here are some reasons why discretion and higher standards are necessary:
Cultural sensitivity: Ancestral remains are deeply intertwined with the cultural and spiritual beliefs of Native tribal communities. Principal investigators/authors must exercise discretion to ensure their work respects and honor these cultural sensitivities. This involves engaging in open and honest dialogue with tribal representatives, seeking their input and guidance, and considering their perspectives when making decisions about the handling, analyzing, and publishing of ancestral remains.
Informed consent and community involvement: Discretion and higher standards are crucial for obtaining informed consent from Native tribal communities. It is essential to engage in meaningful and respectful consultation with tribes before undertaking any research or publication related to ancestral remains. This involves:
Repatriation and reburial: Discretion is essential when addressing the repatriation and reburial of ancestral remains. Principal investigators/authors must understand and respect the wishes of Native tribal communities regarding the ultimate fate of the remains. This involves being mindful of the potential impacts of research and publication on the repatriation process and demonstrating a commitment to supporting repatriation efforts.
Long-term relationships and trust-building: Building and maintaining relationships of trust with Native tribal communities is essential for conducting research involving ancestral remains. Discretion and higher standards are crucial to fostering these relationships. Principal investigators/authors can establish collaborative partnerships built on mutual understanding and benefit by demonstrating respect, transparency, and accountability.
Professional reputation and integrity: Discretion and maintaining higher standards are vital for upholding the professional reputation and integrity of principal investigators/authors. By conducting research with integrity, adhering to ethical guidelines, and demonstrating respect for cultural protocols and community wishes, researchers can ensure that their work is viewed as credible, trustworthy, and respectful within both academic and tribal contexts.
Discretion and maintaining higher standards are crucial for principal investigators/authors who work with ancestral remains recovery. By approaching their work with cultural sensitivity, ethical considerations, and a commitment to community involvement, researchers can navigate the complex terrain of traditional remains research in a manner that respects the cultural heritage, beliefs, and aspirations of Native tribal communities.
Conducting ancestral remains recovery is an undertaking that should be regarded as an honor due to its significance, cultural sensitivity, and responsibilities. Recognizing the sacred nature of ancestral remains and their deep connections to Native tribal communities, it is essential to approach this work with utmost respect and discretion. Here are some reasons why it is considered an honor and why open discussion should be avoided:
Respect for cultural protocols: Ancestral remains are deeply intertwined with the cultural protocols and spiritual beliefs of Native tribal communities. Engaging in the recovery and handling of these remains requires understanding and respecting the specific cultural protocols associated with their treatment. Honoring these protocols demonstrates reverence for the ancestors and their descendants, recognizing their cultural and spiritual sovereignty.
Upholding privacy and confidentiality: Ancestral remains are associated with individuals who lived in the past and their living descendants. Respecting the privacy and confidentiality of these individuals and communities is of utmost importance. Openly discussing the details of the recovery of ancestral remains can compromise confidentiality and potentially violate the communities' wishes. Maintaining discretion helps protect the dignity and integrity of the ancestral remains and the communities they represent.
Mitigating potential harm and exploitation: Publicly discussing ancestral remains recovery can inadvertently lead to exploitation, sensationalism, and unethical practices. Maintaining a respectful and discreet approach safeguards against the potential for misuse or misunderstanding of this sensitive work. By avoiding open discussions, the focus remains on the appropriate treatment, research, and repatriation efforts that honor the ancestral remains and prioritize the needs and wishes of the Native tribal communities.
Building trust and fostering collaboration: Ancestral remains recovery requires building and maintaining relationships of trust with Native tribal communities. Researchers can establish collaborative partnerships by conducting this work with discretion and demonstrating a commitment to cultural sensitivity. This fosters an environment of mutual respect and understanding, allowing for meaningful dialogue, knowledge sharing, and engagement in future research and repatriation efforts.
Preserving cultural heritage and identity: Ancestral remains are vital to Native tribal cultural heritage and identity. Recognizing the honor inherent in their recovery involves understanding the historical, spiritual, and social significance these remains hold. By conducting the work with discretion, researchers contribute to preserving cultural heritage, ensuring that the narratives, traditions, and practices associated with ancestral remains are protected and respected for future generations. In summary, conducting ancestral remains recovery should be approached as an honor driven by a deep sense of respect, cultural sensitivity, and responsibility. Maintaining discretion and avoiding open discussions ensures the protection of the privacy, dignity, and sacredness of the ancestral remains and the communities connected to them. By upholding these principles, researchers can preserve cultural heritage, foster trust, and engage in meaningful collaborations with Native tribal communities.
In biological anthropology and archaeology, principal investigators/authors play crucial roles in conducting research, analyzing data, and disseminating knowledge. Their expertise and leadership contribute to our understanding of human biological and cultural evolution. Here are some critical aspects of their role in these disciplines:
Research Design and Planning: Principal investigators/authors are responsible for designing research projects in biological anthropology and archaeology. They formulate research questions that address specific aspects of human biology, behavior, or cultural history. They develop methodologies and select appropriate data collection techniques, considering ethical considerations and the preservation of archaeological or biological materials.
Fieldwork and Excavation: Principal investigators/authors often lead fieldwork efforts in archaeological or biological anthropological contexts. They oversee excavations, ensuring proper recording, documentation, and recovery of human skeletal remains, artifacts, or ecofacts. In physical anthropology, they may direct biological surveys or excavation of burial sites to study ancient human populations. They guide field teams and employ systematic and meticulous approaches to data collection.
Laboratory Analysis: Principal investigators/authors oversee laboratory analysis of biological and archaeological materials. In physical anthropology, they conduct osteological investigations, examining skeletal remains to infer information about ancient populations' health, diet, and mobility. In archaeology, they employ various scientific techniques to analyze artifacts, such as pottery, tools, or ecofacts like seeds or animal bones. They interpret the data derived from these analyses to reconstruct human pasts.
Data Interpretation and Synthesis: Principal investigators/authors play a critical role in interpreting and synthesizing the data obtained from fieldwork and laboratory analysis. They integrate biological, cultural, and environmental information to reconstruct ancient human populations' behaviors, adaptations, and social structures. They apply theoretical frameworks and contribute to developing new models and interpretations in their respective fields.
Publication and Dissemination: Principal investigators/authors publish their research findings in academic journals, books, and other scholarly outlets. They communicate their discoveries, interpretations, and methodological advancements to the broader scientific community. They contribute to disseminating knowledge and advancing their fields through presentations at conferences and collaboration with colleagues.
Ethical Considerations: Principal investigators/authors adhere to ethical guidelines in biological anthropology and archaeology. They ensure respectful treatment of human remains, protect the confidentiality and privacy of individuals and communities, and obtain necessary permissions and informed consent. They work closely with descendant communities, engaging in meaningful dialogue and incorporating community perspectives in their research.
Collaborative and Interdisciplinary Approaches: Principal investigators/authors often collaborate with experts from various disciplines, fostering interdisciplinary approaches. In biological anthropology, they may work with geneticists, paleoecologists, or epidemiologists to gain a comprehensive understanding of ancient populations. In archaeology, they may collaborate with geology, chemistry, or conservation specialists to employ advanced analytical techniques. These collaborations enrich research outcomes and contribute to interdisciplinary knowledge.
Mentorship and Education: Principal investigators/authors mentor and educate students and junior researchers, nurturing the next generation of biological anthropologists and archaeologists. They provide guidance, support, and training in fieldwork methods, laboratory techniques, and data analysis. They foster critical thinking, ethical practice, and research integrity among their mentees, contributing to the growth and development of the disciplines.
The role of principal investigators/authors in biological anthropology and archaeology involves the following:
The National Historic Preservation Act (NHPA) Section 106 and the Native American Graves Protection and Repatriation Act (NAGPRA) are interconnected federal laws that address different aspects of cultural heritage preservation, including transportation-related projects. While their primary objectives and scopes differ, there are connections between the two rules about transportation projects impacting cultural resources, particularly Native American ancestral remains and cultural items. Here's an explanation of their relationship in this context:
NHPA Section 106: NHPA Section 106 is a federal law that requires federal agencies to consider the effects of their undertakings on historic properties. It mandates federal agencies to identify, evaluate, and mitigate any adverse impacts on historic properties, including archaeological sites and culturally significant resources. This includes considering the effects on Native American cultural resources.
NAGPRA: NAGPRA is a federal law specifically addressing the repatriation and protection of Native American ancestral remains, associated funerary objects, sacred objects, and cultural patrimony. It provides a legal framework for returning these items to their respective Native American tribes or lineal descendants.
Connection in regards to transportation: When transportation projects, such as the construction of highways, railways, or pipelines, are planned or undertaken by federal agencies, they often intersect with cultural resources, including archaeological sites and burial grounds. In these cases, NHPA Section 106 comes into play to assess and mitigate potential adverse impacts on these resources.
Under NHPA Section 106, federal agencies must consult with stakeholders, including Native American tribes and the State Historic Preservation Officer (SHPO), to identify and evaluate cultural resources that may be affected by the transportation project. This includes archaeological sites, historic structures, and burial grounds.
In the context of Native American ancestral remains and cultural items, the connection to NAGPRA becomes relevant. If, during the transportation project, Native American ancestral remains or cultural objects are discovered or likely to be affected, NHPA Section 106 triggers a consultation process that involves Native American tribes as stakeholders. This consultation may prompt the involvement of tribes and the identification of culturally affiliated tribes or lineal descendants of the remains or items.
If Native American ancestral remains or cultural items are identified, NAGPRA's provisions for repatriation and protection are invoked. NAGPRA requires federal agencies and repositories to consult with tribes or lineal descendants to determine the appropriate disposition of the remains or items. This may include their return to the respective tribes for reburial.
The connection between NHPA Section 106 and NAGPRA in the context of transportation projects involving Native American ancestral remains and cultural items ensures that federal agencies address their obligations to both laws. NHPA Section 106 provides that the potential impacts on cultural resources are assessed and mitigated. In contrast, NAGPRA ensures that the interests and rights of Native American tribes or lineal descendants regarding ancestral remains and cultural items are considered and protected.
In summary, NHPA Section 106 and NAGPRA are connected regarding transportation projects through the consultation and evaluation processes that address potential impacts on cultural resources, including Native American ancestral remains and cultural items. While NHPA Section 106 focuses on assessing and mitigating effects, NAGPRA provides the legal framework for the repatriation and protection of Native American ancestral remains and cultural items, involving consultation with tribes or lineal descendants.
The other sections of NHPA:
Section 101(a) and 101(b), Section 110, and Section 112 of the National Historic Preservation Act (NHPA) are essential provisions that hold significant importance for archaeologists working under the Surface and Mineral Management and Bureau of Indian Affairs within the Department of the Interior (DOI). These provisions establish responsibilities and guidelines that enable SOI archaeologists to fulfill their vital role in cultural resource management and preservation. Here's why these sections are crucial for SOI archaeologists:
Section 101(a) of NHPA affirms the DOI's responsibility for preserving and protecting significant historic and archaeological resources on federal and tribal lands. It recognizes the value of our shared cultural heritage and emphasizes the importance of identifying, evaluating, and safeguarding these resources. Section 101(b) further directs DOI agencies, including the BLM and Bureau of Indian Affairs, to establish programs for identifying, evaluating, and preserving historic properties, which include archaeological sites. For Archaeologists, Sections 101(a) and 101(b) establish the foundation for their work. These provisions acknowledge the significance of archaeological resources and the need to protect them. They provide a legal framework that supports and guides the efforts of Archaeologists in identifying and evaluating archaeological sites, ensuring their preservation, and contributing to the broader understanding of our collective past.
Section 110: Section 110 of NHPA outlines the requirement for federal agencies, including the DOI, to consider the effects of their undertakings on historic properties. It mandates agencies to consider the potential impact of their activities on archaeological sites, historic buildings, and other cultural resources. This section emphasizes the need for agencies to consult with interested parties, including Native American tribes, State Historic Preservation Officers (SHPOs), and Tribal Historic Preservation Officers (THPOs), to assess and mitigate adverse effects. For Archaeologists, Section 110 is instrumental in ensuring that their work aligns with the principles of preservation and compliance. It necessitates collaboration and consultation with stakeholders, including tribal entities, during the planning and implementation of projects that may impact historic properties. Archaeologists are critical in providing expertise and guidance during the Section 110 process, conducting archaeological surveys, assessments, and documentation to inform decision-making and minimize adverse impacts on cultural resources.
Section 112: Section 112 of NHPA explicitly addresses the role of Native American tribes and their involvement in identifying, evaluating, and managing historic properties, including archaeological sites, within their ancestral territories. It recognizes tribal sovereignty and the unique knowledge and perspectives tribes bring to preserve and work their cultural heritage. Section 112 requires federal agencies to consult with tribes and consider their views and concerns in decision-making processes that affect historic properties. For Archaeologists, Section 112 underscores the importance of collaboration and engagement with Native American tribes. It acknowledges the significance of tribal input in identifying and protecting archaeological resources. Archaeologists work closely with tribes, respecting their cultural protocols and incorporating their knowledge and perspectives to ensure culturally sensitive approaches to archaeological research and management.
In summary, Section 101(a) and 101(b), Section 110, and Section 112 of NHPA provide the legal framework and guidance necessary for Archaeologists to fulfill their cultural resource management and preservation responsibilities. These provisions recognize the significance of archaeological resources, mandate collaboration with stakeholders, including tribes, and ensure that federal agencies consider the potential impacts of their activities on historic properties. By adhering to these provisions, SOI archaeologists contribute to protecting and understanding our shared cultural heritage.
Native American tribes have deep connections to their ancestral lands, ecosystems, and non-human elements of their environment. For many tribes, ancestral remains extend beyond human remains and include a broader understanding of their spiritual and cultural heritage. This more comprehensive understanding encompasses non-human remains, such as animal remains, plant materials, and natural resources that hold cultural significance and are interconnected with tribal traditions, practices, and beliefs.
There are several reasons why ancestral remains should be updated in NAGPRA to include these non-human elements:
Spiritual and cultural significance: Native tribes often have ancestral stories, traditions, and ceremonies that involve the relationship between humans and the natural world. Animal remains, plant materials and natural resources are considered integral to these practices and are treated with reverence and respect. Recognizing the spiritual and cultural significance of non-human ancestral remains acknowledges the holistic worldview of Native tribes.
Ecological and environmental context: Native tribes have longstanding relationships with their ancestral lands and ecosystems. For many tribes, the environment is viewed as a living entity that includes human and non-human elements. Non-human ancestral remains provide essential ecological and environmental context, helping tribes understand their historical relationship with the land and its resources.
Cultural preservation: Including non-human ancestral remains in NAGPRA helps to preserve and protect tribal cultural heritage. Many tribes have traditional knowledge systems, medicinal practices, and ecological wisdom passed down through generations. Non-human ancestral remains are often integral to preserving this knowledge, as they hold insights into traditional methods, resource management, and the interconnectedness of all living beings.
The holistic approach to repatriation: Expanding the definition of ancestral remains in NAGPRA ensures a more comprehensive and holistic approach to repatriation efforts. It recognizes that tribal communities seek the return of human remains and the associated cultural and natural elements vital to their identity, history, and future. This approach aligns with the principles of self-determination and cultural sovereignty.
Updating NAGPRA to include non-human ancestral remains requires careful consideration and collaboration between Native tribes, government agencies, and other stakeholders. It would involve broadening the scope of the law to encompass a broader range of objects and materials that hold cultural and spiritual significance to Native communities. By recognizing and respecting the full extent of ancestral remains, NAGPRA can better serve the needs and aspirations of Native tribes, fostering cultural revitalization, healing, and the preservation of their rich heritage.
Discretion is crucial for principal investigators/authors who work with ancestral remains recovery, and maintaining higher standards is essential in this context. When engaging with ancestral remains, it is crucial to approach the work with sensitivity, respect, and ethical considerations. Here are some reasons why discretion and higher standards are necessary:
Cultural sensitivity: Ancestral remains are deeply intertwined with the cultural and spiritual beliefs of Native tribal communities. Principal investigators/authors must exercise discretion to ensure their work respects and honor these cultural sensitivities. This involves engaging in open and honest dialogue with tribal representatives, seeking their input and guidance, and considering their perspectives when making decisions about the handling, analyzing, and publishing of ancestral remains.
Informed consent and community involvement: Discretion and higher standards are crucial for obtaining informed consent from Native tribal communities. It is essential to engage in meaningful and respectful consultation with tribes before undertaking any research or publication related to ancestral remains. This involves:
- Actively involve tribal representatives in decision-making.
- Seeking consent.
- Respect rights to determine how their cultural heritage is studied and shared.
Repatriation and reburial: Discretion is essential when addressing the repatriation and reburial of ancestral remains. Principal investigators/authors must understand and respect the wishes of Native tribal communities regarding the ultimate fate of the remains. This involves being mindful of the potential impacts of research and publication on the repatriation process and demonstrating a commitment to supporting repatriation efforts.
Long-term relationships and trust-building: Building and maintaining relationships of trust with Native tribal communities is essential for conducting research involving ancestral remains. Discretion and higher standards are crucial to fostering these relationships. Principal investigators/authors can establish collaborative partnerships built on mutual understanding and benefit by demonstrating respect, transparency, and accountability.
Professional reputation and integrity: Discretion and maintaining higher standards are vital for upholding the professional reputation and integrity of principal investigators/authors. By conducting research with integrity, adhering to ethical guidelines, and demonstrating respect for cultural protocols and community wishes, researchers can ensure that their work is viewed as credible, trustworthy, and respectful within both academic and tribal contexts.
Discretion and maintaining higher standards are crucial for principal investigators/authors who work with ancestral remains recovery. By approaching their work with cultural sensitivity, ethical considerations, and a commitment to community involvement, researchers can navigate the complex terrain of traditional remains research in a manner that respects the cultural heritage, beliefs, and aspirations of Native tribal communities.
Conducting ancestral remains recovery is an undertaking that should be regarded as an honor due to its significance, cultural sensitivity, and responsibilities. Recognizing the sacred nature of ancestral remains and their deep connections to Native tribal communities, it is essential to approach this work with utmost respect and discretion. Here are some reasons why it is considered an honor and why open discussion should be avoided:
Respect for cultural protocols: Ancestral remains are deeply intertwined with the cultural protocols and spiritual beliefs of Native tribal communities. Engaging in the recovery and handling of these remains requires understanding and respecting the specific cultural protocols associated with their treatment. Honoring these protocols demonstrates reverence for the ancestors and their descendants, recognizing their cultural and spiritual sovereignty.
Upholding privacy and confidentiality: Ancestral remains are associated with individuals who lived in the past and their living descendants. Respecting the privacy and confidentiality of these individuals and communities is of utmost importance. Openly discussing the details of the recovery of ancestral remains can compromise confidentiality and potentially violate the communities' wishes. Maintaining discretion helps protect the dignity and integrity of the ancestral remains and the communities they represent.
Mitigating potential harm and exploitation: Publicly discussing ancestral remains recovery can inadvertently lead to exploitation, sensationalism, and unethical practices. Maintaining a respectful and discreet approach safeguards against the potential for misuse or misunderstanding of this sensitive work. By avoiding open discussions, the focus remains on the appropriate treatment, research, and repatriation efforts that honor the ancestral remains and prioritize the needs and wishes of the Native tribal communities.
Building trust and fostering collaboration: Ancestral remains recovery requires building and maintaining relationships of trust with Native tribal communities. Researchers can establish collaborative partnerships by conducting this work with discretion and demonstrating a commitment to cultural sensitivity. This fosters an environment of mutual respect and understanding, allowing for meaningful dialogue, knowledge sharing, and engagement in future research and repatriation efforts.
Preserving cultural heritage and identity: Ancestral remains are vital to Native tribal cultural heritage and identity. Recognizing the honor inherent in their recovery involves understanding the historical, spiritual, and social significance these remains hold. By conducting the work with discretion, researchers contribute to preserving cultural heritage, ensuring that the narratives, traditions, and practices associated with ancestral remains are protected and respected for future generations. In summary, conducting ancestral remains recovery should be approached as an honor driven by a deep sense of respect, cultural sensitivity, and responsibility. Maintaining discretion and avoiding open discussions ensures the protection of the privacy, dignity, and sacredness of the ancestral remains and the communities connected to them. By upholding these principles, researchers can preserve cultural heritage, foster trust, and engage in meaningful collaborations with Native tribal communities.
In biological anthropology and archaeology, principal investigators/authors play crucial roles in conducting research, analyzing data, and disseminating knowledge. Their expertise and leadership contribute to our understanding of human biological and cultural evolution. Here are some critical aspects of their role in these disciplines:
Research Design and Planning: Principal investigators/authors are responsible for designing research projects in biological anthropology and archaeology. They formulate research questions that address specific aspects of human biology, behavior, or cultural history. They develop methodologies and select appropriate data collection techniques, considering ethical considerations and the preservation of archaeological or biological materials.
Fieldwork and Excavation: Principal investigators/authors often lead fieldwork efforts in archaeological or biological anthropological contexts. They oversee excavations, ensuring proper recording, documentation, and recovery of human skeletal remains, artifacts, or ecofacts. In physical anthropology, they may direct biological surveys or excavation of burial sites to study ancient human populations. They guide field teams and employ systematic and meticulous approaches to data collection.
Laboratory Analysis: Principal investigators/authors oversee laboratory analysis of biological and archaeological materials. In physical anthropology, they conduct osteological investigations, examining skeletal remains to infer information about ancient populations' health, diet, and mobility. In archaeology, they employ various scientific techniques to analyze artifacts, such as pottery, tools, or ecofacts like seeds or animal bones. They interpret the data derived from these analyses to reconstruct human pasts.
Data Interpretation and Synthesis: Principal investigators/authors play a critical role in interpreting and synthesizing the data obtained from fieldwork and laboratory analysis. They integrate biological, cultural, and environmental information to reconstruct ancient human populations' behaviors, adaptations, and social structures. They apply theoretical frameworks and contribute to developing new models and interpretations in their respective fields.
Publication and Dissemination: Principal investigators/authors publish their research findings in academic journals, books, and other scholarly outlets. They communicate their discoveries, interpretations, and methodological advancements to the broader scientific community. They contribute to disseminating knowledge and advancing their fields through presentations at conferences and collaboration with colleagues.
Ethical Considerations: Principal investigators/authors adhere to ethical guidelines in biological anthropology and archaeology. They ensure respectful treatment of human remains, protect the confidentiality and privacy of individuals and communities, and obtain necessary permissions and informed consent. They work closely with descendant communities, engaging in meaningful dialogue and incorporating community perspectives in their research.
Collaborative and Interdisciplinary Approaches: Principal investigators/authors often collaborate with experts from various disciplines, fostering interdisciplinary approaches. In biological anthropology, they may work with geneticists, paleoecologists, or epidemiologists to gain a comprehensive understanding of ancient populations. In archaeology, they may collaborate with geology, chemistry, or conservation specialists to employ advanced analytical techniques. These collaborations enrich research outcomes and contribute to interdisciplinary knowledge.
Mentorship and Education: Principal investigators/authors mentor and educate students and junior researchers, nurturing the next generation of biological anthropologists and archaeologists. They provide guidance, support, and training in fieldwork methods, laboratory techniques, and data analysis. They foster critical thinking, ethical practice, and research integrity among their mentees, contributing to the growth and development of the disciplines.
The role of principal investigators/authors in biological anthropology and archaeology involves the following:
- Designing research projects.
- Leading fieldwork and laboratory analyses.
- Interpreting data.
- Disseminating the findings.
- Adhering to ethical considerations.
The National Historic Preservation Act (NHPA) Section 106 and the Native American Graves Protection and Repatriation Act (NAGPRA) are interconnected federal laws that address different aspects of cultural heritage preservation, including transportation-related projects. While their primary objectives and scopes differ, there are connections between the two rules about transportation projects impacting cultural resources, particularly Native American ancestral remains and cultural items. Here's an explanation of their relationship in this context:
NHPA Section 106: NHPA Section 106 is a federal law that requires federal agencies to consider the effects of their undertakings on historic properties. It mandates federal agencies to identify, evaluate, and mitigate any adverse impacts on historic properties, including archaeological sites and culturally significant resources. This includes considering the effects on Native American cultural resources.
NAGPRA: NAGPRA is a federal law specifically addressing the repatriation and protection of Native American ancestral remains, associated funerary objects, sacred objects, and cultural patrimony. It provides a legal framework for returning these items to their respective Native American tribes or lineal descendants.
Connection in regards to transportation: When transportation projects, such as the construction of highways, railways, or pipelines, are planned or undertaken by federal agencies, they often intersect with cultural resources, including archaeological sites and burial grounds. In these cases, NHPA Section 106 comes into play to assess and mitigate potential adverse impacts on these resources.
Under NHPA Section 106, federal agencies must consult with stakeholders, including Native American tribes and the State Historic Preservation Officer (SHPO), to identify and evaluate cultural resources that may be affected by the transportation project. This includes archaeological sites, historic structures, and burial grounds.
In the context of Native American ancestral remains and cultural items, the connection to NAGPRA becomes relevant. If, during the transportation project, Native American ancestral remains or cultural objects are discovered or likely to be affected, NHPA Section 106 triggers a consultation process that involves Native American tribes as stakeholders. This consultation may prompt the involvement of tribes and the identification of culturally affiliated tribes or lineal descendants of the remains or items.
If Native American ancestral remains or cultural items are identified, NAGPRA's provisions for repatriation and protection are invoked. NAGPRA requires federal agencies and repositories to consult with tribes or lineal descendants to determine the appropriate disposition of the remains or items. This may include their return to the respective tribes for reburial.
The connection between NHPA Section 106 and NAGPRA in the context of transportation projects involving Native American ancestral remains and cultural items ensures that federal agencies address their obligations to both laws. NHPA Section 106 provides that the potential impacts on cultural resources are assessed and mitigated. In contrast, NAGPRA ensures that the interests and rights of Native American tribes or lineal descendants regarding ancestral remains and cultural items are considered and protected.
In summary, NHPA Section 106 and NAGPRA are connected regarding transportation projects through the consultation and evaluation processes that address potential impacts on cultural resources, including Native American ancestral remains and cultural items. While NHPA Section 106 focuses on assessing and mitigating effects, NAGPRA provides the legal framework for the repatriation and protection of Native American ancestral remains and cultural items, involving consultation with tribes or lineal descendants.
The other sections of NHPA:
Section 101(a) and 101(b), Section 110, and Section 112 of the National Historic Preservation Act (NHPA) are essential provisions that hold significant importance for archaeologists working under the Surface and Mineral Management and Bureau of Indian Affairs within the Department of the Interior (DOI). These provisions establish responsibilities and guidelines that enable SOI archaeologists to fulfill their vital role in cultural resource management and preservation. Here's why these sections are crucial for SOI archaeologists:
Section 101(a) of NHPA affirms the DOI's responsibility for preserving and protecting significant historic and archaeological resources on federal and tribal lands. It recognizes the value of our shared cultural heritage and emphasizes the importance of identifying, evaluating, and safeguarding these resources. Section 101(b) further directs DOI agencies, including the BLM and Bureau of Indian Affairs, to establish programs for identifying, evaluating, and preserving historic properties, which include archaeological sites. For Archaeologists, Sections 101(a) and 101(b) establish the foundation for their work. These provisions acknowledge the significance of archaeological resources and the need to protect them. They provide a legal framework that supports and guides the efforts of Archaeologists in identifying and evaluating archaeological sites, ensuring their preservation, and contributing to the broader understanding of our collective past.
Section 110: Section 110 of NHPA outlines the requirement for federal agencies, including the DOI, to consider the effects of their undertakings on historic properties. It mandates agencies to consider the potential impact of their activities on archaeological sites, historic buildings, and other cultural resources. This section emphasizes the need for agencies to consult with interested parties, including Native American tribes, State Historic Preservation Officers (SHPOs), and Tribal Historic Preservation Officers (THPOs), to assess and mitigate adverse effects. For Archaeologists, Section 110 is instrumental in ensuring that their work aligns with the principles of preservation and compliance. It necessitates collaboration and consultation with stakeholders, including tribal entities, during the planning and implementation of projects that may impact historic properties. Archaeologists are critical in providing expertise and guidance during the Section 110 process, conducting archaeological surveys, assessments, and documentation to inform decision-making and minimize adverse impacts on cultural resources.
Section 112: Section 112 of NHPA explicitly addresses the role of Native American tribes and their involvement in identifying, evaluating, and managing historic properties, including archaeological sites, within their ancestral territories. It recognizes tribal sovereignty and the unique knowledge and perspectives tribes bring to preserve and work their cultural heritage. Section 112 requires federal agencies to consult with tribes and consider their views and concerns in decision-making processes that affect historic properties. For Archaeologists, Section 112 underscores the importance of collaboration and engagement with Native American tribes. It acknowledges the significance of tribal input in identifying and protecting archaeological resources. Archaeologists work closely with tribes, respecting their cultural protocols and incorporating their knowledge and perspectives to ensure culturally sensitive approaches to archaeological research and management.
In summary, Section 101(a) and 101(b), Section 110, and Section 112 of NHPA provide the legal framework and guidance necessary for Archaeologists to fulfill their cultural resource management and preservation responsibilities. These provisions recognize the significance of archaeological resources, mandate collaboration with stakeholders, including tribes, and ensure that federal agencies consider the potential impacts of their activities on historic properties. By adhering to these provisions, SOI archaeologists contribute to protecting and understanding our shared cultural heritage.
NAGPRA (Native American Graves Protection and Repatriation Act) is not a choice for archaeologists but rather a responsibility and a call to action. There are several reasons why NAGPRA is considered an obligation for archaeologists rather than an optional endeavor.
Legal Mandate: NAGPRA is a federal law in the United States that mandates the repatriation and protection of Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony. As a law, NAGPRA sets legal obligations for museums, federal agencies, and institutions that receive federal funding. Archaeologists, as professionals working with these cultural materials, are bound by the legal requirements of NAGPRA.
Ethical Responsibilities: NAGPRA is rooted in ethical considerations and recognizing the rights and dignity of Native American communities. It acknowledges the historical injustices, exploitation, and mistreatment of Native American remains and cultural items. Archaeologists have an ethical responsibility to rectify these past wrongs and work toward reconciliation and respect for Native American communities.
Collaborative Engagement: NAGPRA emphasizes collaboration and consultation with Native American tribes and communities. It recognizes the importance of including their perspectives, traditional knowledge, and cultural practices in decision-making processes regarding treating, repatriating, and managing ancestral remains and cultural items. Archaeologists are called to engage in meaningful consultation and establish partnerships with Native American tribes to ensure their voices are heard and respected.
Cultural Sensitivity: NAGPRA requires archaeologists to approach their work with cultural sensitivity and to understand the significance of ancestral remains and cultural items to Native American communities. It demands an awareness of the spiritual, religious, and cultural practices associated with these materials. Archaeologists must exercise care, respect, and sensitivity when handling, studying, and discussing ancestral remains and cultural items, acknowledging their cultural and sacred nature.
Restorative Justice: NAGPRA seeks to rectify past injustices and promote restorative justice. It recognizes that ancestral remains and cultural items were wrongfully taken and held in collections and museums. Archaeologists have a role in addressing this historical imbalance by actively participating in the identification, documentation, repatriation, and reburial processes mandated by NAGPRA. They contribute to restoring the dignity and sovereignty of Native American tribes and facilitating healing within these communities.
In summary, NAGPRA is not a voluntary choice for archaeologists but a responsibility they are called to fulfill. It is a legal and ethical framework that recognizes the rights of Native American communities and seeks to rectify historical injustices. Archaeologists have an obligation to comply with NAGPRA, engage in meaningful consultation, respect cultural sensitivities, and actively contribute to the repatriation and protection of ancestral remains and cultural items. By doing so, archaeologists play a vital role in promoting cultural preservation, fostering collaboration, and working towards a more equitable and just relationship between the archaeological community and Native American tribes.
What is Restorative justice? Restorative justice is an approach to addressing harm and resolving conflicts that focuses on repairing the harm caused to individuals and communities, promoting healing, and fostering accountability and reconciliation. It diverges from traditional punitive justice systems by shifting the emphasis from punishment to restoration and meaningful engagement among all stakeholders. Restorative justice seeks to create a space for dialogue, understanding, and empathy to address the underlying causes of harm and prevent future conflicts.
At its core, restorative justice recognizes that harm affects the direct victim and the broader community. It acknowledges the interconnectedness of individuals and the need to repair and restore relationships that have been damaged. Restorative justice processes allow all parties involved, including the victim, offender, and community members, to have a voice and actively participate in the resolution process.
Restorative justice practices vary in form and can be implemented in various settings, including criminal justice systems, schools, workplaces, and community organizations. Some common restorative justice practices include:
Victim-Offender Mediation: This process brings together the victim and the offender in a facilitated dialogue, allowing them to share their experiences, express their feelings, and explore the offense's impact. The goal is to promote understanding, empathy, and accountability while developing a mutually agreed-upon plan for repairing the harm caused.
Circle Processes: Circles provide a structured space for open dialogue and decision-making. They bring together the victim, offender, community members, and facilitators in a circle formation to discuss the harm, its impact, and potential solutions. The circle process encourages active listening, empathy, and collective problem-solving.
Community Conferencing: In community conferencing, a wider range of stakeholders, such as family members, friends, and community representatives, participate in a facilitated dialogue. This inclusive process allows for a broader understanding of the harm and its consequences and encourages community involvement in addressing the issues.
Restorative Practices in Institutions: Restorative justice principles can be applied within institutional settings, such as schools and workplaces. These practices aim to create a supportive environment, build strong relationships, and address conflicts and harm through restorative processes. This includes using circles, restorative dialogues, and other strategies to address disciplinary issues, resolve conflicts, and promote a sense of belonging and accountability within the community.
The benefits of restorative justice lie in its potential to repair harm, restore relationships, and promote healing within individuals and communities. By emphasizing accountability, understanding, and empowerment, restorative justice seeks to address the root causes of harm and prevent future conflicts. It acknowledges the importance of active participation, dialogue, and empathy in creating lasting and meaningful resolutions. Through its focus on restoration, restorative justice offers an alternative approach that moves beyond punishment and strives for a more inclusive, community-centered, and transformative justice system.
Legal Mandate: NAGPRA is a federal law in the United States that mandates the repatriation and protection of Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony. As a law, NAGPRA sets legal obligations for museums, federal agencies, and institutions that receive federal funding. Archaeologists, as professionals working with these cultural materials, are bound by the legal requirements of NAGPRA.
Ethical Responsibilities: NAGPRA is rooted in ethical considerations and recognizing the rights and dignity of Native American communities. It acknowledges the historical injustices, exploitation, and mistreatment of Native American remains and cultural items. Archaeologists have an ethical responsibility to rectify these past wrongs and work toward reconciliation and respect for Native American communities.
Collaborative Engagement: NAGPRA emphasizes collaboration and consultation with Native American tribes and communities. It recognizes the importance of including their perspectives, traditional knowledge, and cultural practices in decision-making processes regarding treating, repatriating, and managing ancestral remains and cultural items. Archaeologists are called to engage in meaningful consultation and establish partnerships with Native American tribes to ensure their voices are heard and respected.
Cultural Sensitivity: NAGPRA requires archaeologists to approach their work with cultural sensitivity and to understand the significance of ancestral remains and cultural items to Native American communities. It demands an awareness of the spiritual, religious, and cultural practices associated with these materials. Archaeologists must exercise care, respect, and sensitivity when handling, studying, and discussing ancestral remains and cultural items, acknowledging their cultural and sacred nature.
Restorative Justice: NAGPRA seeks to rectify past injustices and promote restorative justice. It recognizes that ancestral remains and cultural items were wrongfully taken and held in collections and museums. Archaeologists have a role in addressing this historical imbalance by actively participating in the identification, documentation, repatriation, and reburial processes mandated by NAGPRA. They contribute to restoring the dignity and sovereignty of Native American tribes and facilitating healing within these communities.
In summary, NAGPRA is not a voluntary choice for archaeologists but a responsibility they are called to fulfill. It is a legal and ethical framework that recognizes the rights of Native American communities and seeks to rectify historical injustices. Archaeologists have an obligation to comply with NAGPRA, engage in meaningful consultation, respect cultural sensitivities, and actively contribute to the repatriation and protection of ancestral remains and cultural items. By doing so, archaeologists play a vital role in promoting cultural preservation, fostering collaboration, and working towards a more equitable and just relationship between the archaeological community and Native American tribes.
What is Restorative justice? Restorative justice is an approach to addressing harm and resolving conflicts that focuses on repairing the harm caused to individuals and communities, promoting healing, and fostering accountability and reconciliation. It diverges from traditional punitive justice systems by shifting the emphasis from punishment to restoration and meaningful engagement among all stakeholders. Restorative justice seeks to create a space for dialogue, understanding, and empathy to address the underlying causes of harm and prevent future conflicts.
At its core, restorative justice recognizes that harm affects the direct victim and the broader community. It acknowledges the interconnectedness of individuals and the need to repair and restore relationships that have been damaged. Restorative justice processes allow all parties involved, including the victim, offender, and community members, to have a voice and actively participate in the resolution process.
Restorative justice practices vary in form and can be implemented in various settings, including criminal justice systems, schools, workplaces, and community organizations. Some common restorative justice practices include:
Victim-Offender Mediation: This process brings together the victim and the offender in a facilitated dialogue, allowing them to share their experiences, express their feelings, and explore the offense's impact. The goal is to promote understanding, empathy, and accountability while developing a mutually agreed-upon plan for repairing the harm caused.
Circle Processes: Circles provide a structured space for open dialogue and decision-making. They bring together the victim, offender, community members, and facilitators in a circle formation to discuss the harm, its impact, and potential solutions. The circle process encourages active listening, empathy, and collective problem-solving.
Community Conferencing: In community conferencing, a wider range of stakeholders, such as family members, friends, and community representatives, participate in a facilitated dialogue. This inclusive process allows for a broader understanding of the harm and its consequences and encourages community involvement in addressing the issues.
Restorative Practices in Institutions: Restorative justice principles can be applied within institutional settings, such as schools and workplaces. These practices aim to create a supportive environment, build strong relationships, and address conflicts and harm through restorative processes. This includes using circles, restorative dialogues, and other strategies to address disciplinary issues, resolve conflicts, and promote a sense of belonging and accountability within the community.
The benefits of restorative justice lie in its potential to repair harm, restore relationships, and promote healing within individuals and communities. By emphasizing accountability, understanding, and empowerment, restorative justice seeks to address the root causes of harm and prevent future conflicts. It acknowledges the importance of active participation, dialogue, and empathy in creating lasting and meaningful resolutions. Through its focus on restoration, restorative justice offers an alternative approach that moves beyond punishment and strives for a more inclusive, community-centered, and transformative justice system.
Summary of collaborative conversation at the NAEP 2023 Conference - Training Symposium in Phoenix, AZ with Jerryll Moreno, MA, RPA, Desireé Reneé Martinez, Bernadette C. Carra, and Angela Garcia-Lewis.
NHDPlus is a geo-spatial, hydrologic framework dataset built by the US EPA Office of Water, assisted by the US Geological Survey
Call for Restorative Justice of US waterways! A call for action that applies the principles and practices of restorative justice to issues surrounding water management, access, and sustainability. It recognizes the vital role of water as a shared resource and seeks to address conflicts, harm, and inequities related to water through restorative approaches.
Restorative justice for water acknowledges that water-related conflicts often involve multiple stakeholders, including communities, governments, industries, and indigenous peoples. It recognizes that these conflicts can arise from competing interests, resource scarcity, pollution, inadequate access, and historical injustices
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The fundamental principles of restorative justice, such as inclusivity, dialogue, and accountability, are applied to water-related issues to foster understanding, reconciliation, and sustainable solutions. Some elements of restorative justice for water include:
Restorative justice for water acknowledges that water-related conflicts often involve multiple stakeholders, including communities, governments, industries, and indigenous peoples. It recognizes that these conflicts can arise from competing interests, resource scarcity, pollution, inadequate access, and historical injustices
.
The fundamental principles of restorative justice, such as inclusivity, dialogue, and accountability, are applied to water-related issues to foster understanding, reconciliation, and sustainable solutions. Some elements of restorative justice for water include:
- Community Engagement: Restorative justice for water emphasizes the importance of engaging and involving affected communities in decision-making processes. It recognizes that those directly impacted by water-related issues should have a voice and agency in the resolution process.
Community participation ensures that diverse perspectives, traditional knowledge, and local needs are considered. - Dialogue and Mediation: Restorative justice for water promotes open and facilitated dialogue among stakeholders to foster understanding and build relationships. Mediation processes provide a platform for individuals and groups with conflicting interests to express their concerns, share information, and collectively explore solutions. These dialogues focus on building trust, finding common ground, and developing sustainable agreements.
- Healing and Restoration: Restorative justice for water acknowledges that water-related conflicts can cause harm, including ecological damage, social divisions, and economic disparities. The emphasis is on addressing this harm and facilitating healing and restoration for affected communities and ecosystems. This may involve implementing measures to rehabilitate polluted water sources, restoring traditional water management practices, or providing equitable access to clean and safe water resources.
- Accountability and Responsibility: Restorative justice for water emphasizes the importance of accountability for actions that have contributed to water-related conflicts and harm. This includes holding responsible parties accountable for their actions, such as water pollution or unsustainable resource use. It also encourages individuals and organizations to take responsibility for their impact on water resources and to work towards sustainable and equitable water management practices.
- Systemic Change: Restorative justice for water recognizes that many water-related conflicts are rooted in systemic issues, such as unequal distribution of resources, lack of regulatory frameworks, or historical injustices. It aims to address these underlying causes and work towards systemic water governance and management change. This may involve policy reforms, legal changes, and recognizing indigenous rights and traditional water management practices.
-XK Bromley, Principal Investigator/Author