<<

1

NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

REVIEW COMMITTEE MEETING

APRIL 2, 3, & 4, 2000

JUNEAU, ALASKA

VOLUME II

MONDAY, APRIL 3, 2000

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 2

NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

REVIEW COMMITTEE MEETING

8:30 a.m.

Monday, April 3, 2000

Ballroom 1

Centennial Hall Convention Center

Juneau, Alaska

COMMITTEE MEMBERS PRESENT:

Mr. Martin Sullivan, Chair

Mr. James Bradley

Mr. Lawrence H. Hart

Ms. Vera Metcalf

Mr. Armand Minthorn

Ms. Tessie Naranjo

Mr. John O’Shea

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 3

TABLE OF CONTENTS CHAIR’S WELCOME – MARTIN SULLIVAN ...... 4

INVOCATION – WALTER SOBOLEFF ...... 4

IMPLEMENTATION OF THE STATUTE IN ALASKA ...... 5 MARK MCCALLUM ...... 5 SUSAN MARVIN ...... 17 TERRY FIFIELD ...... 30 YARROW VAARA ...... 38 STEVE HENRIKSON ...... 52 BREAK ...... 71

IMPLEMENTATION OF THE STATUTE IN ALASKA ...... 71 STEVE HENRIKSON ...... 71 ROSA MILLER AND CHERYL ELDEMAR ...... 78 GARY SELINGER ...... 90 DIANE PALMER AND IRENE SHIELDS ...... 108 ALLISON YOUNG ...... 115 LUNCH ...... 133

IMPLEMENTATION OF THE STATUTE IN ALASKA ...... 133 FREDRICK ANDERSON ...... 133 ROSITA WORL ...... 138 RON WILLIAMS ...... 147 KENNETH GRANT ...... 151 PATRICK MILLS ...... 160 THOMAS MILLS ...... 173 BEATRICE BROWN ...... 175 BOB MAGUIRE ...... 175 ROSITA WORL ...... 183 RICHARD DALTON, SR...... 184 BREAK ...... 188

1999 REPORT TO CONGRESS ...... 189

PUBLIC COMMENT ...... 195 ALFRED MCKINLEY, SR...... 195 ALVIN MOYLE ...... 203 NORMAN HARRY ...... 226 PEMINA YELLOW BIRD ...... 234 MEETING RECESS ...... 260

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 4

1 CHAIR’S WELCOME – Martin Sullivan

2 MARTIN SULLIVAN: Good morning, everyone. We’re

3 going to begin our morning session, so I would like

4 to ask that you find a seat and then we’ll begin.

5 This morning we will start with an invocation

6 and we are joined by Dr. Walter Soboleff, who is the

7 chairperson of the board of trustees of the Sealaska

8 Heritage Foundation. We are honored to be here,

9 Dr. Soboleff, and we look forward to your invocation.

10 Thank you for being with us. You can use one of the

11 microphones up here.

12 INVOCATION – Walter Soboleff

13 WALTER SOBOLEFF: May we bow in prayer. (Native

14 Alaskan language.)

15 Our Father God, no matter where we are, You

16 continue to follow us and to love us and to sustain

17 us with the material things of life, yea, even the

18 spiritual. We thank You for this time that we may

19 discuss concerns of our life. We thank You for those

20 who join us in that solution. Grant mercy to our

21 errors, renew a right spirit within us today. We

22 pray in the Master’s name and for His sake. Amen.

23 MARTIN SULLIVAN: We have made a few changes to

24 the schedule. Is Mr. Paul White with us this

25 morning. He had been originally scheduled for the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 5

1 invocation, and we will arrange that for a different

2 point in our program.

3 IMPLEMENTATION OF THE STATUTE IN ALASKA

4 MARTIN SULLIVAN: This morning’s session is

5 primarily for the purpose of hearing about

6 implementation of NAGPRA here in the state of Alaska,

7 and we have ten or eleven presentations that we

8 expect to hear this morning. The committee members

9 and I look forward to it, and if we are set, Lesa, in

10 terms of our activities then we’ll begin.

11 The first presenter is Mr. Mark McCallum from

12 the Tongass National Forest.

13 MARK MCCALLUM

14 MARK MCCALLUM: Good morning, Mr. Chairman and

15 committee members. My name is Mark McCallum. I’m an

16 archeologist with the Tongass National Forest in

17 Petersburg, a small community about 90 miles south of

18 Juneau. I thank you for this opportunity to speak

19 this morning and to share with you some of the

20 progress that the Tongass National Forest in Alaska

21 has made in implementing repatriation requirements of

22 NAGPRA.

23 Before I begin, I’d like to recognize and thank

24 the Organized Village of Kake and the Klawock

25 Cooperative Association, two Federally recognized

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 6

1 tribes, for their permission to share information

2 with you today about a repatriation we made two years

3 ago. We had hoped that some of the council members

4 from the Organized Village of Kake could appear

5 today, but due to conflicts with a big basketball

6 tournament here last week, they weren’t able to make

7 it. You’ll hear from me and some of the next few

8 speakers about some of the progress that Tongass

9 National Forest has made in implementing NAGPRA, the

10 Tongass being the largest National Forest in the US

11 at some over 17 million acres.

12 In general the Tongass reported relatively few

13 human remains and associated funerary objects to the

14 tribes as a result of NAGPRA. We deal with about 20

15 Federally recognized tribes on the Tongass and about

16 that many regional and village corporations that were

17 created under the Native Claims Settlement Act.

18 Since submitting the inventories to the appropriate

19 tribes, we’ve received few claims for repatriation.

20 It appears that most tribes acknowledge the cultural

21 affiliation of the items covered by NAGPRA, but for

22 several reasons they have not made formal claims for

23 their repatriation or return. Some tribes appear to

24 be deferring decisions until they can make plans with

25 the community. Some tribes have indicated a desire

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 7

1 to curate or store items in a local facility, some of

2 which have not been constructed yet. Other tribes

3 continue to talk with their local elders about the

4 protocol of receiving repatriated items. In general,

5 I would characterize the Tongass National Forest

6 compliance with NAGPRA as we’ve completed our

7 inventories, we’ve continued to consult with the

8 tribes and are awaiting their claims for

9 repatriation.

10 You’re going to hear several examples of the

11 implementation of NAGPRA on the Tongass today, and

12 I’d like to focus on the return of a cedar bentwood

13 burial box. Although this story truly begins

14 hundreds of years ago, for reasons of cultural

15 sensitivity and respect for the people of

16 Kake and Klawock, I will focus my story on the last

17 half of the latter century. This report that I’ll

18 share with you today chronicles the journey of a most

19 incredible cedar box. It was in 1949 that a trapper,

20 William Vickers, was traveling along the west coast

21 of Kuiu Island, an island about a hundred miles south

22 and west of Juneau, when on his daily travels, he

23 came across a rock shelter with some bentwood burial

24 boxes in them. And for whatever reason, Mr. Vickers

25 decided to take one as a souvenir.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 8

1 About 23 years ago, then president and chairman

2 of Xutsnoowú, a local village corporation, informed

3 the Forest Service that he had heard about a Native

4 burial box being offered for sale to art dealers in

5 the Seattle area. Mr. Johnson, the president at the

6 time, requested Forest Service help to retrieve the

7 box because he believed they came from Admiralty

8 Island, the traditional lands of the Xutsnoowú

9 people. Later that same month a Juneau resident

10 reported to the regional archeologist seeing a young

11 man at a Seattle mall trying to sell a shaman burial

12 box containing a skull with long black hair attached.

13 After making a few contacts with some art dealers in

14 the Seattle and , British Columbia area the

15 Juneau resident was able to obtain the name of the

16 man who was attempting to sell the box.

17 This woman passed on the information to the

18 regional archaeologist and this is before the passage

19 of the Archaeological Resource Protection Act

20 parenthetically. The archaeologist requested the

21 intervention of the regional law enforcement staff

22 who conducted an investigation to determine that the

23 gentleman in Seattle was acting as a sales agent for

24 Mr. Vickers, the man – the Seattle – the fur trapper

25 that took the box in 1949.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 9

1 Despite intervention from Mr. Vickers’s

2 Congressional Representative, Senator Hiakawa

3 (phonetic), the Forest Service obtained a search

4 warrant and retrieved the box from his California

5 home in 1977. At that time, the Forest Service spent

6 some time consulting with Sealaska Corporation, the

7 regional corporation here in , and

8 through that consultation determined that curation at

9 the Alaska State Museum was the most appropriate

10 option at the time. The box has been there ever

11 since.

12 The box returned to Alaska and, as I said, has

13 been curated at the State Museum since. We consulted

14 with Sealaska. The land where the box was taken has

15 since been conveyed to Sealaska Corporation under

16 provisions of the Alaska Native Claims Settlement

17 Act. There were provisions that allowed regional

18 corporations to select historic and cemetery sites as

19 part of their conveyance. And that site has since

20 been conveyed to Sealaska Corporation.

21 Despite having been at the museum since 1977,

22 very little formal study has ever been done on the

23 box. The box contains a human head, other human

24 bones and an assortment of funerary items, most of

25 which have never been examined. The box is made of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 10

1 cedar and is telescoping. That is, it’s a box inside

2 a box. It lifts up. It’s notable for its antiquity

3 and design elements. Earlier radiocarbon dating

4 indicate that the box dates to about 700 years old.

5 It’s intricately painted and carved, making it one of

6 if not the earliest known example of northwest coast

7 line form design.

8 In November of 1995, we provided an inventory of

9 human remains and associated funerary objects to the

10 Klawock Cooperative Association and the Organized

11 Village of Kake. Ethnographic information indicated

12 that the area where the box came from was jointly

13 shared by people who now lived in those two

14 communities, Kake and Klawock. We also sent an

15 inventory to the Tlingit and Haida Central Council

16 here in Juneau, as well as the Kake Tribal

17 Corporation, the Klawock Henya Corporation, and the

18 Sealaska Heritage Foundation. So we provided

19 inventories to six tribal groups.

20 Since both the Organized Village of Kake and the

21 Klawock Cooperative Association represent clans from

22 the traditional area of the box, we encouraged them

23 to discuss amongst themselves the ultimate

24 disposition of the box. The Klawock Cooperative

25 Association president wrote a letter in November of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 11

1 ’97 to the Organized Village of Kake acknowledging

2 their cultural affiliation with the box while

3 delegating authority for repatriation to the

4 Organized Village of Kake.

5 In September of 1996, Dawn Jackson, who’s now a

6 staff member of the Organized Village of Kake,

7 completed a master’s thesis focusing on the

8 repatriation of this bentwood box. Mrs. Jackson’s

9 thesis outlined the box’s history and described the

10 local process of determining cultural affiliation and

11 proper cultural protocol.

12 In February of ’98, the Forest Service received

13 a request from the Organized Village of Kake to

14 repatriate the bentwood box with several other

15 cultural items we had reported in our ’95

16 inventories. A notice of inventory completion was

17 published in the Federal Register in April of ’98.

18 The notice recognized the relationship of shared

19 group identity between the Organized Village of Kake

20 and the Klawock Cooperative Association. The Forest

21 Service did not receive any competing claims to the

22 items listed in the Register notice, and the Forest

23 Service met with Alaska State Museum staff and the

24 Organized Village of Kake council at the museum in

25 June of 1998 where we officially transferred

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 12

1 ownership of the box. The Organized Village of Kake

2 has decided to continue storing the box at the museum

3 until a time when they wish to have it returned to

4 the community.

5 Because the box appears to be an early example

6 of northwest coast line form design, the tribe has

7 expressed an interest in documenting the box, and

8 we’ve offered to help in that effort to work with the

9 tribe and the museum to record the attributes of the

10 box. It appears right now that the sentiment of the

11 village elders is to rebury the box, probably at its

12 original location since that land now belongs to

13 Sealaska Corporation. So the intent of the tribe is

14 to record the box before it’s reburied, and we hope

15 to work with them in that endeavor.

16 The return of the bentwood box to the Organized

17 Village of Kake marks an incredible journey, first

18 taken illegally by a trapper in 1949, the box’s

19 ultimate disposition could have had a much different

20 ending. Fortunately, citizens came forward and

21 shared their knowledge of the box with Forest Service

22 law enforcement, who succeeded in returning the box

23 to Alaska. If these two events had not happened,

24 chances are the box would remain in private ownership

25 today.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 13

1 The Forest Service has successfully complied

2 with NAGPRA and returned the box to its rightful

3 owners almost 50 years after it was first stolen.

4 And we’re committed to working with the Organized

5 Village of Kake and the Klawock Cooperative

6 Association in helping them record the box before its

7 ultimate return to its proper place. And that’s my

8 report.

9 MARTIN SULLIVAN: Thank you very much,

10 Mr. McCallum. Do members of the Committee have

11 questions or comments?

12 Armand.

13 ARMAND MINTHORN: You mentioned earlier that,

14 and I think this was in reference to the bentwood

15 box, there was some carbon dating conducted?

16 MARK MCCALLUM: Right.

17 ARMAND MINTHORN: How was this carbon dating –

18 how was the actual dating coordinated with the

19 affected Native peoples?

20 MARK MCCALLUM: There was consultation involved.

21 That was not something that I was directly involved

22 in. Apparently, inside the box was a small pouch of

23 charcoal and that was the material that was used for

24 the radiocarbon dating, and that was done in

25 consultation with Sealaska Corporation prior to the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 14

1 passage of NAGPRA, who seemed to have the closest

2 affiliation with the box.

3 ARMAND MINTHORN: And then within the Tongass

4 National Forest, is NAGPRA a budget line item?

5 MARK MCCALLUM: No, it is not.

6 ARMAND MINTHORN: So then how do you — how do

7 you work with and implement NAGPRA?

8 MARK MCCALLUM: The funds that cover NAGPRA are

9 through our regular heritage program funds that is a

10 line item in the budget. So they are not displayed

11 distinctly from our other heritage activities.

12 ARMAND MINTHORN: So is the heritage activities

13 or heritage source, is that enough to — are you still

14 having problems?

15 MARK MCCALLUM: Well, I feel like — again, I’d

16 characterize the Tongass as being in compliance with

17 NAGPRA. I don’t have a sense from my colleagues that

18 lack of funding has prevented us from implementing

19 NAGPRA. If you want to talk about other program

20 areas, that might be a different story. But I think

21 as I mentioned in my opening remarks, fortunately,

22 over the years very little had been collected. So I

23 think comparable to other Federal agencies or other

24 units of Federal agencies perhaps we didn’t report as

25 much, so it didn’t create a workload like perhaps

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 15

1 down in the desert Southwest, some of the forests

2 down there.

3 ARMAND MINTHORN: And then earlier in your

4 presentation you were citing that you were waiting

5 for the tribes or Native peoples to come forward to

6 begin your repatriation process.

7 MARK MCCALLUM: Uh-huh.

8 ARMAND MINTHORN: Is there — I guess why the

9 waiting? Is there problems?

10 MARK MCCALLUM: In — in terms of us returning

11 items?

12 ARMAND MINTHORN: Yes.

13 MARK MCCALLUM: No, not a problem. In

14 discussing this with the tribes, again, I guess if I

15 had to characterize it, I’d say that most of the

16 groups are not really in a position to accept the

17 items back. Either they haven’t decided what to do

18 with them or they don’t have the facilities to

19 properly care for them. They are either in the

20 process of building a cultural center or making

21 arrangements with other facilities, or they’re still

22 consulting with the local elders about the proper

23 protocol of accepting those items back into the

24 community.

25 In most part, as we’ve consulted with the tribes

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 16

1 on other issues and sort of bring this up informally,

2 it’s sort of, well, we’re not ready to get them back

3 yet. We don’t — we don’t have a place for them or we

4 don’t really have a plan yet for — for what to do

5 with them. And that’s a generalized statement.

6 ARMAND MINTHORN: Okay.

7 MARTIN SULLIVAN: Jim.

8 JAMES BRADLEY: I’d like to thank you for your

9 presentation. Often when the Forest Service comes

10 before us it’s under less happy circumstances, and I

11 think you’re to be congratulated for taking the

12 initiative to build those relationships with tribes,

13 especially before NAGPRA compelled you to do it. I

14 would hope that the work that you’re doing might be a

15 model for other forests and demonstrate that NAGPRA

16 compliance can be a good thing for the Forest Service

17 instead of just another obstacle they have to put up

18 with.

19 MARK MCCALLUM: Yeah, I think you’re right.

20 It’s fortuitous that back in 1977, again, before the

21 passage of the Archeological Resource Protection Act,

22 that the Forest Service had that active an

23 intervention. And I think you’re right. I think if

24 we look as NAGPRA as an opportunity we can really

25 build some great relationships, and I think one of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 17

1 the things that the Forest Service in Alaska has

2 excelled in is the tribal consultation arena and

3 working with the tribes.

4 JAMES BRADLEY: Keep it up.

5 MARTIN SULLIVAN: Lawrence.

6 LAWRENCE HART: I too just want to echo what Jim

7 has stated regarding this report. Mr. McCallum, it’s

8 a very excellent report. Thank you.

9 MARK MCCALLUM: Thanks.

10 LAWRENCE HART: Thank you.

11 MARTIN SULLIVAN: Other comments from the

12 Committee members?

13 We appreciate your being with us.

14 MARK MCCALLUM: Thank you.

15 MARTIN SULLIVAN: And it was very informative.

16 Thanks, Mr. McCallum.

17 The next presentation is by Susan Marvin, from

18 whom we heard yesterday as sort of a surrogate, but

19 today you’re talking about the Alaska Region of the

20 Forest Service in general, is that right?

21 SUSAN MARVIN

22 SUSAN MARVIN: Yes. Again, thank you for the

23 opportunity to make this presentation to you here in

24 Juneau. I should begin by giving you my apologies

25 for the title that I gave this paper. I used the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 18

1 often the method of, I guess you can say, newspapers

2 in getting your attention by a misleading headline.

3 But in a sense it’s true. The topic that I’m going

4 to talk about is the repatriation of human remains to

5 a non-Federally recognized tribal group, the Auk

6 Kwaan. Now, we did eventually work out arrangements

7 that the remains were repatriated to the Tlingit and

8 Haida Central Council here which are a recognized

9 tribe. But I just wanted to take this opportunity to

10 go through the history of this particular case as a

11 way of encouraging you to come up with the final

12 guidelines that you’ve been discussing yesterday and

13 at previous meetings so that we do have some set

14 direction that we can follow in situations such as

15 this.

16 This case actually began back in 1987 when

17 cremated human remains were discovered during a

18 cultural survey and testing program that was

19 undertaken by the Alaska Office of History and

20 Archeology. This office was conducting a survey to

21 determine if any cultural sites existed within the

22 proposed highway improvement for the Glacier Highway

23 about 15 miles northwest of here, downtown Juneau.

24 The human remains were found in a test pit that was

25 excavated. They were left in place and the pit was

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 19

1 backfilled. The proposed highway improvements were

2 never constructed at this location but actually a

3 bypass was built several hundred feet uphill from

4 this location.

5 In 1991, shortly after the passage of NAGPRA,

6 the Forest Service archeologist — this is, by the

7 way, out of the Sitka office for the Tongass National

8 Forest. The Forest archeologist at that time went

9 out and recovered the human remains as a first step

10 towards their eventual repatriation. The removal of

11 these individuals, as I said, occurred soon after the

12 passage of NAGPRA in 1990 but it was before any draft

13 regulations were published. So the archeologist was

14 basically working under their own interpretation of

15 what NAGPRA meant, you know, in how to carry out that

16 Act.

17 The Forest Service did err at this time because

18 the archeologist did not notify the Auk Kwaan nor did

19 he notify the Central Council of the Tlingit Haida

20 Indian Tribes of Alaska — I’ll just call it the

21 Central Council from now on — before he removed those

22 remains. The carbon sample collected from charcoal

23 associated with the remains revealed an adjusted date

24 of about 210 years ago. The remains were studied by

25 a physical anthropologist hired by the Forest Service

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 20

1 who identified that there were two individuals that

2 were cremated, and the Forest Service then determined

3 that these individuals were probably members of the

4 Auk Kwaan people that lived at this winter village

5 site for several hundred years.

6 This site was first noted by Europeans during

7 George Vancouver’s voyages of 1794. Soon after the

8 Europeans settled in the Juneau area this area became

9 popular as a picnic area in the 1920’s, and the

10 Civilian Conservation Corps constructed recreation

11 facilities here in 1937 and 1938, which were

12 basically picnic shelters, trails, picnic tables, a

13 recreation building. In 1991, the Forest Service

14 also proposed to construct improvements to these

15 recreation facilities. In March of 1992, the Auk

16 Kwaan notified the Forest Service by telephone of

17 their concern for other burial sites located in this

18 recreation campground.

19 The Forest Service spent the better part of 1992

20 and 1993 going through the compliance process for

21 Section 106 of the National Historic Preservation

22 Act. And then in August of 1993, they continued

23 their — the Forest Service continued the consultation

24 with the Auk Kwaan, and at this meeting they

25 explained the history of why the remains were removed

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 21

1 in the first place and the Forest Service’s intention

2 to repatriate these remains as soon as possible.

3 Through a series of meetings, letters, and

4 teleconferences, solutions were reached to ensure the

5 protection of the Native site during the construction

6 phase for the recreation improvements. These

7 solutions were documented in a Memorandum of

8 Understanding with the Auk Kwaan that was signed in

9 1994 and a Memorandum of Agreement with the SHPO and

10 the Advisory Council on Historic Preservation in

11 1995.

12 The improvements were completed in 1995 with

13 constant, on-site monitoring by a Forest Service

14 archeologists and an Auk Kwaan representative

15 throughout the construction phase. No further

16 evidence was discovered during the — in the

17 construction area during the construction.

18 In 1996 the Forest Service had a teleconference

19 with the Auk Kwaan in which it was discovered that

20 both the Auk Kwaan and the Forest Service were

21 actually waiting for each other to respond back and

22 forth on the direction from the Auk Kwaan on how to

23 repatriate these remains. In the meantime, the

24 Forest Service agreed to and contracted to have a

25 bentwood burial box constructed for the remains so

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 22

1 that once they were repatriated they’d be in the

2 proper facility for that.

3 In June 1997 and again in 1998, the Forest

4 Service wrote to the Auk Kwaan requesting direction

5 on how they wanted us to proceed in this

6 repatriation. In April of 1998, we found that the

7 Central Council of the Tlingit and Haida tribes had

8 agreed to represent the Auk Kwaan. and from that

9 point on we worked both with the Auk and with the

10 Central Council since they are a Federally recognized

11 tribe. We mentioned in this letter that we would

12 wait until the Central Council told us how they would

13 like to have the remains repatriated.

14 Finally, in January 1999, again we gave kind of

15 a history because the process had taken so long, gave

16 kind of an updated history about the entire project

17 and how we had acquired these remains in the first

18 place. The Central Council followed this up with an

19 official letter requesting repatriation of the

20 remains in June 1999. We published our Notice of

21 Intent to Repatriate in the newspapers in mid and

22 late August, and once the 30-day comment period had

23 passed in late September and in which we received no

24 conflicting claims, these remains were transferred to

25 the Central Council in late September 1999. The

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 23

1 Forest Service hopes to assist the Auk Kwaan in a

2 memorial ceremony that will take place towards the

3 end of this month.

4 So in conclusion, the Auk Kwaan were able to

5 recover the remains of their ancestors and the

6 Central Council was able to represent the Auk Kwaan

7 in this instance. The process that we did follow did

8 actually follow your draft principles of agreement

9 for cases such as these where you have, according to

10 the NAGPRA term, culturally unidentifiable remains,

11 but in actuality they are not in the real sense.

12 It’s just that the group is a non-Federally

13 recognized tribe. So I just wanted to use this as a

14 case example to encourage you to come up with a final

15 direction and guidelines so that in the future we

16 know what the process is that we should follow. So

17 that’s all. Thank you.

18 MARTIN SULLIVAN: We appreciate your report.

19 Thank you very much, Ms. Marvin.

20 Questions or comments from the committee

21 members?

22 Armand.

23 ARMAND MINTHORN: Within the Alaska US Forest

24 Service region, how many forests or districts are

25 there?

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 24

1 SUSAN MARVIN: How many forests are there? Two.

2 ARMAND MINTHORN: Two?

3 SUSAN MARVIN: Yes. There is both the Tongass

4 National Forest is the largest national forest in the

5 Forest Service. It has about 17 million acres. And

6 the Chugach National Forest, I believe, is about six

7 million acres located up in central, southeast

8 Alaska, near Anchorage. So they’re very large

9 national forests.

10 ARMAND MINTHORN: Then the previous speaker,

11 Mr. McCallum, cited the heritage as a source of

12 working in implementing NAGPRA. Is this what the

13 other forest does as well?

14 SUSAN MARVIN: Yes. There’s just one budget

15 line item for all of the work that falls under

16 heritage, and NAGPRA is one of those activities that

17 would be funded out of that budget. And although I

18 would say certainly it’s never enough to do all that

19 we need to do and NAGPRA is part of that.

20 MARTIN SULLIVAN: Okay. Jim.

21 JAMES BRADLEY: I appreciate your report, too,

22 and I again commend you for doing a really terrific

23 job and setting a good model. I think one of the

24 things that’s frustrating for us as we go around the

25 country is to see how differently these issues are

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 25

1 handled within agencies by region. And it seems as

2 though you folks have done a good job, even though

3 you don’t have funds earmarked for NAGPRA compliance.

4 Since I don’t work for the Forest Service, I don’t

5 understand how those decisions are made, but where is

6 the discretionary authority to determine whether

7 funds are going to be steered towards NAGPRA

8 compliance or some other program?

9 SUSAN MARVIN: The ultimate decision lies with

10 the Forest supervisor for that national forest, and

11 he is considered what we call the line officer that’s

12 responsible for the decisions made. And so for the

13 Tongass, it would be the Forest Supervisor who is

14 down in the Ketchikan office that makes that

15 decision. Certainly, Forest archeologists make

16 recommendations on where they see the priorities are,

17 but basically it’s the line officer that calls the

18 shots on where the money is actually spent.

19 JAMES BRADLEY: Sort of like park

20 superintendents in the National Park Service.

21 SUSAN MARVIN: That’s right.

22 JAMES BRADLEY: To what degree, and let’s see if

23 I can ask this in an appropriate manner, to what

24 degree are the Forest supervisors — is that the

25 right —

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 26

1 SUSAN MARVIN: Yes.

2 JAMES BRADLEY: — responsive to directions from

3 DC about the implementation of Federal

4 laws, given that they as the line officers have to

5 juggle a lot of competing requests? What I think

6 we’re trying to figure out is where do we put our

7 efforts in trying to get better NAGPRA compliance?

8 Do we work with the line officers, do we work with

9 DC, or do we need to work with both?

10 SUSAN MARVIN: Well, I guess I would say with

11 the way authority is passed down through the Forest

12 Service, it comes from the Washington office,

13 especially if it relates to policy matters for

14 providing direction, for implementing particular

15 acts, that would come down from our Washington

16 office, giving us direction saying you will spend

17 efforts on this particular item. So I would say

18 working with the people in our Washington office.

19 JAMES BRADLEY: Do you feel that clear direction

20 on this issue has come from the Washington office?

21 And this is not to put you on the spot.

22 SUSAN MARVIN: Well, when NAGPRA was originally

23 passed, certainly the Washington office sent out the

24 Act itself, you know, with a cover letter saying, you

25 know, we had certain due dates that were set forth in

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 27

1 the Act that we needed to meet, in which the Alaska

2 region, the National Forest in the Alaska region did

3 do their summaries and their inventories to meet

4 those dates. But in one sense, the Forest Service

5 manual, which is kind of a handbook of how-tos and

6 direction on how we would implement things like

7 NAGPRA within the Forest Service, that manual was

8 last — it’s about 20 years out of date, and there’s a

9 process going on right now to update that manual,

10 which we hope to complete say within the next year or

11 so, that would include specific direction on

12 implementing NAGPRA. And so it’s been a process of

13 working with the Park Service folks in the NAGPRA

14 office on giving us help and direction on how the

15 repatriation process works, but not actually specific

16 direction out of our Washington office on that. We

17 get that more from the Park Service folks, like Tim

18 McKeown here.

19 JAMES BRADLEY: Is it important that you

20 continue to receive that assistance from the Park

21 Service?

22 SUSAN MARVIN: Oh, yes. Oh, yes. I would say

23 very important, yes.

24 JAMES BRADLEY: Thank you.

25 MARTIN SULLIVAN: Okay. John.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 28

1 JOHN O'SHEA: I had one or two questions about

2 your example that you gave us. Now, is this being

3 treated by the Forest Service as an inadvertent

4 discovery on Federal land.

5 SUSAN MARVIN: Yes, it was being as an

6 inadvertent discovery.

7 JOHN O'SHEA: Because you know, so in that sense

8 then, the process that was followed was correct, and

9 it isn’t a process that we’re even really worried

10 about in terms of culturally unidentified remains.

11 SUSAN MARVIN: I guess in the sense the

12 culturally unidentifiable remains as that relates to

13 non-Federally recognized tribes, you know, your

14 guidelines are pretty straightforward in that sense

15 that we need to —

16 JOHN O'SHEA: On Federal lands.

17 SUSAN MARVIN: Right.

18 JOHN O'SHEA: Yes. The thing we’re wrestling

19 with is this issue of culturally unidentifiable when

20 they’re not on Federal land. And in fact, as a model

21 your model doesn’t work if it had not been on Federal

22 land because you would have technically had to come

23 here to receive authorization to do the repatriation.

24 Thank you.

25 MARTIN SULLIVAN: Other questions?

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 29

1 Armand.

2 ARMAND MINTHORN: The handbook that you

3 mentioned, that can be very helpful to your staff,

4 but I guess what other efforts have the Forest

5 Service taken to educate the staff with NAGPRA

6 implementation enforcement?

7 SUSAN MARVIN: I really couldn’t speak for the

8 National Forests nationally. I do know that we have

9 a NAGPRA coordinator who is located in our

10 southwestern regional office. His name is Frank

11 Wozniak. I’m sure he’s been at previous meetings.

12 And we also use his knowledge to assist us in

13 implementing NAGPRA and going through the

14 repatriation process for individual — he’s a national

15 kind of assistant, even though he is actually in the

16 southwestern regional office.

17 ARMAND MINTHORN: Does Tongass National Forest

18 have a NAGPRA coordinator?

19 SUSAN MARVIN: I would say that each of the

20 Forest archeologists serve in that capacity.

21 Presently the Tongass has three Forest Service

22 National Forest archeologists, and Terry Fifield, who

23 you will hear from next, is a zone archeologist. So

24 everyone has that duty as part of their job.

25 MARTIN SULLIVAN: Okay. Thanks, again,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 30

1 Ms. Marvin. We appreciate it.

2 We’ll hear next from Terry Fifield, also

3 representing Tongass National Forest, and from

4 Ms. Yarrow Vaara.

5 TERRY FIFIELD

6 TERRY FIFIELD: Good morning, and thank you very

7 much for the opportunity to come here and tell yet

8 another happy story. First I wanted to introduce

9 myself. As Sue said, I’m the — my name is Terry

10 Fifield. I’m the zone archeologist for the Prince of

11 Wales Island zone, which means I cover two ranger

12 districts that encompass approximately two and a half

13 million acres, basically Prince of Wales Island and

14 the outlying islands off of the west coast of Prince

15 of Wales Island. So far you have heard from the

16 regional archeologist, which is the top of the

17 heritage hierarchy in Alaska. Mark is the acting

18 Forest archeologist for the Tongass, and I’m the next

19 level down. I’m basically what might be called a

20 district archeologist in other places, but I cover

21 two districts, so I’m a zone.

22 What I want to talk to you about is a situation

23 on the north end of Prince of Wales Island where

24 we’ve had the discovery of some really ancient human

25 remains and a really good relationship that’s

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 31

1 developed with the tribes in the concerned area,

2 between the tribes and the Forest Service and the

3 research institutions that have been involved in the

4 project. And just as a little bit of background, on

5 Prince of Wales Island we have a lot of limestone

6 bedrock and a very intensive karst situation. So

7 there have been about 600 inventoried caves on Prince

8 of Wales Island.

9 A few years ago, Jim Dixon with the Denver

10 Museum of Natural History kind of recognized that

11 those caves offered the potential for temporary

12 shelter for people that might have been moving into

13 the Americas at the end of the last ice age. Because

14 the coast is submerged these days and the caves that

15 would have been inland in those days are ideal places

16 where you would have human activity, preservation,

17 and the opportunity for discovery all sort of focused

18 in the same locations. So for about six years he had

19 been looking for these types of situations, without

20 any luck, I might add.

21 At the same time, paleontological investigations

22 were going on in the island in several different

23 caves, and the principle paleontologist involved was

24 Tim Heaton with the University of South Dakota. He

25 started his work in 1992 with excavations in a cave

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 32

1 called El Cap Cave that had 12,000-year-old bear

2 remains that also had a 3,000-year-old cultural area,

3 charcoal with two projectile points and very little

4 other material there that was not associated with the

5 paleontological work.

6 So continuing on with his work in subsequent

7 years, Dr. Heaton was working on the north end of the

8 island in 1996. Animal remains dating back 40,000

9 years, grizzly bear and black bear, had been

10 discovered in this cave. And in 1996 he had planned

11 a two-week field season to more intensively excavate

12 in the cave. And on the last day of his planned

13 field season, he probed a very wet area in a back

14 chamber in the cave and came up with human remains,

15 human bones. And these were a jaw bone broken in two

16 pieces, a pelvis that had been chewed on by a large

17 carnivore, and two vertebra, lumbar vertebra. At

18 that point we had no idea what the date of it was,

19 but the association suggested that they might be very

20 old. They were about two and a half feet from a

21 35,000 year old brown bear skeleton, where it had

22 been discovered the previous year. And so we were

23 quite excited about the possibilities of what this

24 might represent in terms of shifting paradigms and

25 peopling of the America theories and whatnot.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 33

1 So we had one very lucky situation right at that

2 point was that Tim Heaton was working with Fred

3 Grady, who is a preparator at the Smithsonian, and

4 between them they were aware of their NAGPRA

5 responsibilities. They immediately ceased work and

6 spent the rest of that day working in a different

7 passage of the cave quite a bit removed from where

8 the bones had been discovered. They also radioed the

9 Forest Service immediately with a kind of a cryptic

10 message that Terry needed to get to the cave as soon

11 as possible, there’s something going on.

12 And so the next morning, anticipating I don’t

13 know what, I chartered a helicopter and made it to

14 the beach below the cave where they met me with a

15 tray full of the materials they had found, which were

16 the bones I mentioned plus two bone artifacts. They

17 then escorted me up to the cave and I looked at the

18 area where they had excavated the bones. And after

19 inspecting it and satisfying myself that they had

20 stabilized it appropriately, all of us, them and I,

21 left the site for the season and went back to the

22 beach. I took possession of the artifacts and

23 briefed them on what was going to happen next and

24 then I went back to my office in Craig. This was a

25 Saturday afternoon.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 34

1 That afternoon five or six o’clock when I got

2 back to the office, I immediately called the tribal

3 presidents of the Craig and Klawock tribal

4 governments and talked to them on the phone, let them

5 know what we had found, and kind of conveyed my

6 excitement about what we had found, and let them know

7 that I was notifying them under the terms of NAGPRA

8 of this inadvertent discovery.

9 The next happy thing that happened, on Monday

10 morning I contacted Cheryl Eldemar on the Central

11 Council of Tlingit and Haida Tribes of Alaska, and

12 Cheryl was then the cultural resource specialist and

13 I think NAGPRA coordinator at the time as well for

14 Central Council. And between us, we decided that we

15 needed to consult broadly, and Cheryl suggested that

16 I consult as locally as possible and so stay with the

17 — get our advice from the local tribes, from the

18 Craig and Klawock tribal governments. And we also

19 decided to work with Hydaburg and Kake, who are the

20 Organized Village of Kake and the Hydaburg

21 Cooperative Association, who are adjacent tribal

22 governments.

23 And so with Cheryl’s help again, we sent out

24 invitations and an information sheet to the tribes

25 letting them know what had been found and the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 35

1 situation and inviting them to a meeting that was

2 sponsored by the Klawock Cooperative Association. I

3 believe it was on the Thursday of that week. So it

4 was five days after discovery of the materials that

5 we convened a meeting of — three tribes were

6 represented at this meeting. And at that meeting, I

7 explained the situation again, described what had

8 been found. I didn’t bring the materials to the

9 meeting.

10 I made an offer that was presented by the Denver

11 Museum of Natural History by Jim Dixon to provide

12 analysis and curation of the materials at the cost of

13 the museum and to assure that they were protected and

14 to enter into a temporary agreement with the Forest

15 Service for the housing of those materials. So I

16 made that presentation, and at the end of that

17 meeting, the Klawock Cooperative Association, the

18 tribal council after some debate decided to pass a

19 resolution. They passed a resolution that permitted

20 the shipment of the materials to Denver, the curation

21 in terms of physical anthropological analysis,

22 radiocarbon dating, which was AMS dating, so

23 minimally destructive radiocarbon analysis, and DNA

24 testing were all discussed at that meeting.

25 Their one provision was that if during

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 36

1 excavations in subsequent years, if the area turned

2 out to be a burial ground, they wanted us to come

3 back in and consult with the tribal council again.

4 And by burial ground they meant if — we discussed

5 this and if we had found additional individuals or

6 evidence that there was more than one person there,

7 that they would want us to come back in and consult.

8 Later that same week, the Craig Community

9 Association, the tribal government in the village

10 seven miles south of Klawock met and passed a similar

11 resolution with the same provisions with the one

12 addition that they wanted to review any media

13 releases that we made for sensitivity before they

14 were released to the media, and we really have stuck

15 with that one. They have reviewed all of our media

16 releases and most of the professional papers and

17 things that have come out of this.

18 So all of those things having been done in great

19 detail, we proceeded along with planning the research

20 and Jim Dixon wrote a National Science Foundation

21 grant to fund the archeological work the next year,

22 and we had those — the research design was reviewed

23 by both the Craig and Klawock Tribes. I should go

24 back and say that the Organized Village of Kake

25 decided to defer to Klawock and so pulled out of the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 37

1 direct consultation process on an ongoing basis, so

2 we just keep them informed at this point.

3 So the NSF proposal funded the research the

4 following year. It also included some provisions

5 that really assure that we continue to stay in

6 contact and consult. It funded two internships, the

7 interns to be selected by the Craig and Klawock

8 tribal governments in consultation with me, and it

9 also funded trips to the museum for tribal leaders to

10 meet with the people doing the analysis and research

11 at the museum and to just get a look at what was

12 going on so they could see that we weren’t just

13 storing the materials and doing nothing with them.

14 And both of those provisions were implemented.

15 A nice pickup on this too was that after the

16 first year, we were running short of money in the

17 research funding and I approached Sealaska about

18 putting two of their natural resources internships

19 with the project. And they were really happy with

20 what they had been seeing up to this point and

21 decided to take us up on that offer, and for the last

22 two years we have had two Sealaska interns placed

23 with the project and funded entirely by Sealaska. So

24 I’m hoping that that leads to an ongoing relationship

25 even beyond this project where we can do some

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 38

1 cooperative work.

2 I think that I’m going to let it go at that. I

3 see lots of places that the implementation of NAGPRA

4 here has led us to some relationships that have great

5 potential for developing further projects and

6 relationships in the future and I just am really

7 encouraged to be working with an agency these days

8 whose philosophy is kind of in line with my personal

9 philosophy. So I’m very pleased with what happened,

10 and I’d like to turn you over to Yarrow Vaara from

11 Klawock who has been an intern with this project for

12 three years now.

13 YARROW VAARA

14 YARROW VAARA: (Native Alaskan language.) Good

15 afternoon — morning, I mean. My name is Yarrow

16 Vaara, and in honor of my ancestors I speak my native

17 language to you today. Let me briefly translate what

18 I just said to you. I said good day and thank you

19 all for coming. I am a woman of the Tlingit Nation.

20 My Tlingit name is S’ak jayei, which was my

21 grandmother’s name. I’m a Raven moiety from the

22 Gaanax.adi Clan of Klawock, which was originally in

23 Tuxikan, and I’d like to thank you for inviting me

24 here today.

25 I’d like to say that I’ve been involved in this

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 39

1 project that Terry was talking about for the last

2 three years. I was one of the interns selected by

3 the Craig Cooperative Association, or excuse me, the

4 Craig Community Association, I mean, the first year

5 this project started, and then since then I’ve been

6 an intern for the past two years funded through the

7 Sealaska Corporation, and I’ve been really, really

8 interested to be a part of this project.

9 I’ve done a lot of research beyond the actual

10 fieldwork, and I’d like to read a few excerpts from a

11 paper that I recently presented at the Thirtieth

12 Arctic Research Workshop at Boulder, Colorado, that I

13 was invited to give over spring break just recently.

14 And this paper is basically related to some of the

15 research that I have done that has been trying to

16 relate some of the cultural significance of the

17 research that’s been done which is how I see my role

18 in this has been in learning from them but also in

19 trying to find what I can contribute to it as well.

20 So I’ll just read a few excerpts from that, and if

21 anybody is interested I do have a few copies of this.

22 Part of the agreement made with the tribes

23 included the participation of Native students in the

24 fieldwork, and since 1997 six Native students and one

25 Native teacher have had the opportunity to work on

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 40

1 this project, and I’m honored to be one of them.

2 Like I said, it’s been supported by the local tribes,

3 the local elders and the regional corporation.

4 Initially, I had a few misgivings about disturbing

5 the remains of this ancient man, who could

6 potentially be one of my own ancestors, and our

7 people believe (Native Alaskan language), that the

8 soles of our people never die and they can be

9 offended if their bones are mistreated.

10 One of the spiritual beliefs of my people

11 regards bones as being sacred. Thus, animal and fish

12 bones had to be treated with respect in order to

13 ensure their rebirth. For example, the salmon cycle

14 to whom the Tlingit owe much of their rich culture,

15 when the salmon were harvested, it was very important

16 to return all of their bones back to the stream from

17 which they were caught. And if any of the bones were

18 not returned to the water when that salmon returned

19 again it would be deformed. And human bones were

20 treated in much the same regard. The bones of the

21 deceased were perceived as containing some essential

22 element of their personhood, which is directly

23 related to the Tlingit belief in reincarnation, and

24 so all of the bones are treated very respectfully in

25 every situation.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 41

1 And so I was really nervous about even applying

2 for this position. I didn’t really know how to deal

3 with it, and so I went and talked to several of the

4 local elders. And they told me lots of stories, some

5 of which I have been able to use and some of them are

6 confidential, more or less. But for the most part,

7 they all supported the project after learning about

8 what it was and where we were going with it, in terms

9 of the education that can be gathered in order to

10 corroborate the oral history that our people tell,

11 that the Tlingit people have lived here in Southeast

12 Alaska since time immemorial.

13 And to me, one of the most important results of

14 the scientific studies from this project come from an

15 isotope analysis that was done originally on the

16 human bones that suggest that his diet was primarily

17 based on marine resources. He subsisted on fish, a

18 way of life that the Tlingit people still utilize

19 today and is also very much a part of who I am.

20 Learning that this ancient man had lived on the same

21 type of foods created in my mind a strong bond

22 between him and myself.

23 At the dawn of this millenium, the indigenous

24 population of Alaska alone hunted, fished and

25 gathered resources of Alaska, constrained only by

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 42

1 environmental conditions and their technological

2 capabilities. Today the issue of subsistence is a

3 very big one in Alaska and we are fighting bitterly

4 to be able to continue our subsistence lifestyle

5 because it’s not just a way of obtaining food but is

6 symbolic of every part of our culture and history,

7 and there are many stories that tie the Tlingit

8 people to particular places.

9 I think that the scientific evidence here is

10 really important in tying those oral histories

11 together and I think that a lot can be done with

12 that. The Tlingit history, like many indigenous

13 peoples, is passed down orally through songs and

14 stories, telling of clan migrations and ownership.

15 And I believe that the evidence of human occupation

16 is carried through these stories.

17 And there has been studies documented throughout

18 southeast Alaska for about the last 10,000 years by

19 several archeological sites. From Dixon Entrance up

20 the Chilkat Peninsula, many tools and cultural sites

21 have been discovered, and I think that the oral

22 history really ties together with those studies that

23 have been done in proving that people have lived

24 here, and I think that’s real interesting, and I’m

25 just fascinated to have been a part of that.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 43

1 Like I said, I’ll just read a few excerpts from

2 it. I won’t read you the whole thing because you

3 have a copy of it there. But after returning from

4 the site, working out there, getting my hands dirty,

5 and learning about all these different processes and

6 different organizations that are involved, I was

7 really excited to continue on with my education and

8 really motivated to study more. And because of that,

9 I have gone on to do a considerable amount of

10 research, a lot of which is documented in this paper.

11 And I’m just really, really glad that this

12 opportunity has been available to me to carry on and

13 the cooperation of all the different parties involved

14 I think has been a great example of what we can do

15 beyond consultation, and I hope that this will lead

16 to a lot more relationships building from that, and I

17 would just like to thank you very much for your time.

18 MARTIN SULLIVAN: Thank you, both of you. We

19 appreciate hearing about the project.

20 Committee members have questions or comments?

21 Let’s start with Tessie.

22 TESSIE NARANJO: Terry, thanks for bringing

23 Yarrow to us. You talked about relationships, both

24 of you, and that’s been an important process of

25 NAGPRA. And you talked about the relationships that

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 44

1 was established between your work and the Sealaska

2 Corporation, at least that’s the one that we heard

3 about. And then the result of that are the interns

4 that are a part of this work effort. And so we have

5 seen what’s happened, and thank you. I just

6 appreciate that a Native person is part of this work

7 that you all are doing.

8 MARTIN SULLIVAN: Jim and then Armand.

9 JAMES BRADLEY: Two quick comments, first to

10 amplify what Tessie said, thank you both. I mean,

11 you’ve both done a terrific job here. I think as you

12 know personally and as everyone in this room knows,

13 this has been a long and often very painful process,

14 and sometimes we say, why are we going through this.

15 Well, you guys are the answer. That’s the right

16 answer and that’s why all the effort is worthwhile.

17 My other comment is isn’t it too bad that the same

18 sensitivities and skills weren’t employed when

19 remains were found in Kennewick.

20 MARTIN SULLIVAN: Armand.

21 ARMAND MINTHORN: I think this is a good example

22 of involving tribes in this kind of a project. I

23 think it not only gives Native peoples an

24 opportunity, but it gives them a direct involvement,

25 and that’s what’s important when the tribes and

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 45

1 peoples are directly involved. And I guess this

2 would be a question that I would pose to Susan Marvin

3 after we’re — maybe when we take a break, you know,

4 if there’s any other programs like yours throughout

5 the region in Alaska.

6 I’ve got several questions. What is a field

7 season?

8 TERRY FIFIELD: A field season is the length of

9 time that the crew spends in the field doing their

10 investigation and excavations. It can vary in

11 length. In this case, it’s been the first week of

12 June through the second week of August for 1997, ’98,

13 ’99, and 2000 will be probably the final field season

14 at the project.

15 ARMAND MINTHORN: And are these field seasons

16 planned with the Native peoples as far as what is

17 excavated and why?

18 TERRY FIFIELD: Not in great detail. I attend

19 council meetings and inform the councils of the

20 scheduling of the materials. They reviewed the first

21 research design in terms of the excavations. In the

22 entranceway of the cave and outside of the cave there

23 is a campsite, a 9,200-year-old campsite that’s the

24 same age as the human remains. And so investigations

25 in the last two and a half years have focused outside

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 46

1 of the cave away from where the human remains were

2 discovered.

3 And so we’ve — I’ve discussed it with the tribal

4 councils, but we’ve asked for input, but you wouldn’t

5 exactly say — we haven’t received a lot of specific

6 input into the design of the field methods, other

7 than to have people come up to observe. We’ve had

8 several representatives of the tribes come up and

9 visit the site to see what was going on and to

10 comment.

11 ARMAND MINTHORN: Well, I guess, and Tim, you

12 can correct me if I’m wrong, but I understand that

13 through the Archeological Resources Protection Act,

14 there has to be a permit secured before any

15 excavations are conducted on Federal lands, that

16 within that permitting process there has to be

17 involvement of tribes, and also within the National

18 Historic Preservation Act there has to be direct

19 contact with tribes and their involvement. Is that

20 correct, Tim?

21 TIMOTHY MCKEOWN: I’m actually not quite sure if

22 — is there an actual ARPA permit in this case?

23 TERRY FIFIELD: No, there isn’t. I think — the

24 Forest Service is conducting the excavation —

25 ARMAND MINTHORN: On Federal lands?

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 47

1 TERRY FIFIELD: — on Federal lands. The

2 excavators, the Denver Museum of Natural History’s

3 crew are under volunteer agreements with the Forest

4 Service.

5 ARMAND MINTHORN: Then why isn’t there an ARPA

6 permit?

7 TIMOTHY MCKEOWN: Armand, this is one of those

8 situations where the agency is doing the work on its

9 own land.

10 ARMAND MINTHORN: Okay.

11 TIMOTHY MCKEOWN: So they don’t have a piece of

12 paper called an ARPA permit, but they must behave as

13 if they — under the rules of ARPA, and obviously have

14 been consulting with the tribes, with Klawock and

15 Craig.

16 ARMAND MINTHORN: Okay. And then you mentioned

17 ancient remains. What is the current situation with

18 these?

19 TERRY FIFIELD: All of the human remains that

20 have been recovered are being curated at the Denver

21 Museum of Natural History right now under a temporary

22 agreement. They still remain the property of the

23 Forest Service. They’re under basically a loan

24 agreement to the museum for analysis.

25 ARMAND MINTHORN: And of course the analysis is

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 48

1 agreed upon by or have involved the tribes?

2 TERRY FIFIELD: Both tribes passed resolutions

3 specifically allowing the analysis and conservation,

4 curation, yes.

5 ARMAND MINTHORN: Okay. And I guess that would

6 answer my last question as far as when the actual

7 inadvertent happened and then the tribal presidents

8 were involved or contacted, and this was part of my

9 concern because the artifacts were removed and there

10 are certain criteria that is involved when you remove

11 artifacts from a site.

12 TERRY FIFIELD: Right. Yes. Notification took

13 place within the time limits that are stipulated in

14 NAGPRA, and I — the only thing that was a little bit

15 out of line is they removed them from the ground

16 before they recognized what they were, because they

17 were working in a dark cave in soupy mud, and so they

18 weren’t really sure what they had until they got them

19 out into the light and washed them off. And so at

20 that point, they realized what they had recovered and

21 they stopped their excavations and contacted me.

22 ARMAND MINTHORN: And a final question, where

23 the ancient remains were recovered, the site, what

24 types of security measures are there to protect the

25 site?

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 49

1 TERRY FIFIELD: Initially, we began to design a

2 steel gate as in the recreation types of gates that

3 are placed on other caves in other parts of the

4 country that are — you know, let bats in and let air

5 pass, but the cost is quite high. We had spent about

6 $14,000 on materials the first year and getting them

7 up there with a helicopter. This site is 500 feet

8 above sea level and a half mile from the shore in a

9 rainforest, so it was kind of expensive getting this

10 stuff up there. And then we realized that the floor

11 that we were mounting this gate on was dirt, and we

12 hadn’t excavated down to bedrock, and so even if we

13 put the gate up, it would be a simple matter to

14 tunnel under the gate.

15 So we deferred putting the gate up, and we went

16 to the local community. There’s a community called

17 Port Protection that’s about three miles from the

18 site, and there were several people there that

19 already knew about the site and were very interested

20 in it. And we developed a stewardship agreement with

21 those people whereby they would visit the site

22 periodically and keep an eye on it and also talk to

23 people in the community about preserving it and its

24 importance, you know, trying to apply some peer

25 pressure within the community to value the site and

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 50

1 leave it for future research. I provided them with

2 photographs of the way the site had been left in the

3 fall so that they could monitor effectively

4 throughout the winter, and we have had that in place

5 for the last three years and it’s been effective up

6 to this point. We haven’t had any damage, though we

7 are still debating whether to put a gate up.

8 Another party involved in this is the Tongass

9 Cave Project, which are a group of avocational

10 cavers, and some of the other values in the caves in

11 terms of pristine quality of the caves and cave

12 decorations and whatnot are also being considered in

13 how the cave is being protected and managed, and so

14 we have to weigh quite a few different values in how

15 we go about protecting it in the long term.

16 ARMAND MINTHORN: One final question, the

17 ancient remains that are being curated, what is the

18 eventual plan for these remains once the studies are

19 completed?

20 TERRY FIFIELD: The plan hasn’t been finalized.

21 Promises have been made that they will come back to

22 the island if that’s what the tribes want. First

23 there are — no formal repatriation request has been

24 begun. We have been discussing it. It’s a little

25 bit of an awkward point. We haven’t really resolved

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 51

1 that. Of course, the questions of cultural

2 affiliation and whatnot are going to arise as we do

3 that, and so there’s a — there are local repositories

4 being developed in southeast Alaska that may help us

5 solve some of those problems in terms of bringing

6 them back to southeast Alaska, back to home.

7 There are some people in Klawock who would like

8 to see them reburied in the cave. There’s some

9 people who would like to see them brought back to

10 planned museums in Klawock or Craig that have not yet

11 been — that are not very far along in their planning.

12 So we have some work to do in that arena.

13 MARTIN SULLIVAN: Other questions from the

14 committee members?

15 Lawrence.

16 LAWRENCE HART: Just a comment. We have

17 indicated that we’re hearing some good models of

18 cooperation and collaboration between Federal

19 agencies and tribal groups, and this even goes beyond

20 that. It’s such an ideal model when tribes can have

21 an input through students like Yarrow. And I commend

22 the Sealaska Corporation for making that possible.

23 I’ll just be really fascinated about what is finally

24 revealed. And again, I think it’s really just an

25 excellent model.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 52

1 MARTIN SULLIVAN: Thank you both. We appreciate

2 learning much more about the project and appreciate

3 your coming to be with us.

4 TERRY FIFIELD: Thank you.

5 YARROW VAARA: (Native Alaskan language.)

6 MARTIN SULLIVAN: We have time, I think, for

7 perhaps one more presentation and discussion before

8 we take a break, and Mr. Steve Henrikson from the

9 Alaska State Museum is the next presenter.

10 STEVE HENRIKSON

11 STEVE HENRIKSON: Good morning, and I’d like to

12 thank the committee for giving us the opportunity to

13 bring information to you in regard to the

14 implementation of NAGPRA in Alaska. I think there

15 are some incredibly exciting things that are

16 happening, and I wanted to bring a few of them up

17 before you today. I’m Steve Henrikson. I represent

18 the Alaska State Museum here in Juneau. I’m also the

19 chairman of the repatriation committee for Museums

20 Alaska, a statewide organization that represents over

21 40 museums and cultural centers in Alaska. And

22 Museums Alaska has been very active in the diffusing

23 of information about NAGPRA and helping to answer

24 questions that come up among the various individual

25 museums in the state.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 53

1 As far as the Alaska State Museum goes, we’ve

2 been fairly active in this area, both in terms of

3 compliance with NAGPRA and also doing some activities

4 that may be NAGPRA related but aren’t actually talked

5 about in the Act. We’ve distributed our inventory

6 and our summaries of the collections throughout

7 Alaska. We’ve had numerous consultations with

8 various Native groups around the state, including one

9 where we brought 14 Tlingit and Haida elders to the

10 museum here in Juneau and to our sister organization,

11 the Sheldon Jackson Museum in Sitka.

12 As far as repatriation itself, we have returned

13 three sets of human remains to the Tlingit and Haida

14 Central Council who was acting on behalf of the Auk

15 Kwaan, and we’ve also had several — we have ongoing

16 discussions involving some other artifacts with

17 several other organizations around the state.

18 I think to best inform you what’s been happening

19 here, I thought I should show some slides of some of

20 the activities that have been happening. I would

21 like to point out that I have received the consent of

22 the affected clans that I’ll be showing slides of,

23 and that is the T’aaku Yanyeidí, the Angoon

24 Dakl’aweidí, the Angoon Deisheetaan and the Sitka

25 Kiks.ádi Clans, and also the Kootsnoowoo Heritage

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 54

1 Foundation. So if we could get the lights, and Mark,

2 would you mind turning on the projector?

3 I had a couple slides to start out of are a

4 consultation with Tlingit and Haida elders and clan

5 leaders that took place several years ago in Juneau

6 and in Sitka. We received a NAGPRA grant to fund the

7 travel and lodging for the elders, who came from as

8 far away as Chernovtsy, Russia. One of the elders

9 was living in Siberia, and we actually were able to

10 bring him over. We worked closely with the Sealaska

11 Heritage Foundation, Cheryl Eldemar, as well as —

12 excuse me, Tlingit and Haida Central Council, Cheryl

13 Eldemar, and Dennis Demmert of the Sealaska Heritage

14 Foundation in deciding which elders to select. And

15 that was done partially on the basis of the artifacts

16 in the collection, but we also wanted a wide

17 distribution throughout southeast Alaska.

18 Okay. I guess this isn’t working. Thank you.

19 One of the elders who attended, Oscar Frank, from the

20 Teikweidí in Yakutat, while we were looking at

21 objects in the collection he discovered from his clan

22 an ancient headdress that he had only heard about as

23 a youngster. I think that’s one of the more exciting

24 things about consultations is the possibility of

25 making some discoveries that no one ever intended,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 55

1 which is exactly why I think it’s good to consult

2 broadly in terms of both the people who you consult

3 with as well as the objects that you look at, since

4 many of the objects are poorly or imperfectly

5 documented.

6 The first repatriation that I know of to one of

7 the southeastern Alaska groups was this wolf hat that

8 belongs to the T’aaku Yanyeidí Clan. This is a photo

9 of it at the Anchorage Museum where it was exhibited

10 for quite a few years in their permanent exhibit

11 area, but it actually originated from the Juneau area

12 just south of here as the Taku Glacier and the

13 homeland of the T’aaku people includes the Juneau

14 area and south of here. Next slide.

15 This is a photo of a T’aaku chief lying in state

16 wearing this very headdress, and this photograph was

17 one of the bits of information used by Harold Jacobs

18 in writing the repatriation claim for this particular

19 artifact. And indeed the claim was successful, and

20 several years ago this hat was repatriated just a few

21 feet away from where we are now sitting. It was

22 first brought out at one of Sealaska Heritage

23 Foundation celebrations that generally happens in

24 Centennial Hall.

25 And this is a photo of it. That’s Walter

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 56

1 Soboleff there in the foreground, who we heard from a

2 little while ago. Harold Jacobs is standing at the

3 other end in the Chilkat robe. Harold has been one

4 of the more proactive individuals involved in

5 repatriation here and in actually writing claims.

6 And in my experience, I think that while the agencies

7 and corporations and tribes are supportive of

8 repatriation and interested in seeing it happen, it

9 really — the success of this all hinges on the

10 individuals that are involved in this work who really

11 make it a point to take it to the limit. And Harold

12 is one of the people who has been instrumental in

13 bringing many of the objects back.

14 And this is Harold wearing this wolf hat at a

15 recent ceremony in Sitka. Since the hat has come

16 back to Alaska, it’s probably been used at least two

17 dozen different memorial feasts and other ceremonies,

18 and it’s becoming a much more well known through that

19 exposure within the traditional, cultural context.

20 And this is an elder, Jimmy Walton, of the Sitka

21 Kaagwaantaan Clan speaking at a totem pole raising in

22 Sitka wearing the Wolf Hat.

23 Another person that I would like to talk about

24 this morning is Mark Jacobs. He is a caretaker for

25 the Dakl’aweidí Clan of Angoon, who has also been

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 57

1 very active in repatriation. He was one of the

2 elders that we brought in for our consultation, and

3 he has been able to put forward several claims

4 through the Kootsnoowoo Heritage Foundation on behalf

5 of his clan for artifacts at various museums. One of

6 the first objects that he received back was this

7 ancient killer whale dagger that had been in the

8 collection of the Seattle Art Museum. And that

9 dagger is said to be very ancient and forged from a

10 meteorite.

11 This is the full length of it. It’s about two

12 and a half feet long. It’s more like a sword than a

13 dagger, beautifully sculpted with a two-headed killer

14 whale on the pommel. This is a photo of the dagger

15 in its ceremonial use in Angoon. I should mention

16 that many of these objects that have come back are

17 currently housed in museums and cultural centers. I

18 think there is a great deal of interest being shown

19 in finding protected places to take care of these

20 objects, since they are incredibly significant.

21 Another object that Mark and his clan have

22 received back is this killer whale hat that had been

23 in the collection of the Denver Museum of Natural

24 History, and it was returned several years ago, and

25 like the wolf hat and the killer whale dagger, this

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 58

1 has been used for at least several dozen different

2 ceremonies since it has been back to Alaska. And the

3 clan has an agreement with the National Park Service

4 in Sitka that allows for the curation and exhibition

5 of these objects by the Park, but then the Park does

6 in essence check those out or it lets them go out

7 freely whenever there is a ceremonial event.

8 This is a photograph of Mark wearing a replica

9 of the killer whale hat. Prior to the original

10 coming back, Mark had his son Harold carve a replica

11 of that hat, which is shown here in use. Mark is

12 holding another ancient hat, an original frog hat,

13 which has an interesting story behind it. It was

14 sold by someone who didn’t have the authority to sell

15 it several decades ago and it came up for auction at

16 Sotheby’s in the early ‘80s. The Alaska State

17 Museum, Sealaska Heritage Foundation, and Tlingit and

18 Haida Central Council pooled their resources and

19 succeeded in purchasing the hat at the auction. I

20 think at the time it set a record for the purchase

21 price of a hat. I think it was something in the

22 neighborhood of $65,000.

23 And part of the agreement which was entered into

24 before the actual purchase was made was a part of

25 this was that the clan would have access to the hat

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 59

1 whenever they needed it for ceremonial purposes, but

2 then when it wasn’t being used for within the — by

3 the clan, it would be stored in the Alaska State

4 Museum and used for educational purposes. This is

5 the hat itself. It’s said to be over ten generations

6 old, and it’s a copy of an even older hat, which

7 after it wore out it was decommissioned and a new hat

8 was carved.

9 This is a photograph of actually two frog hats.

10 They’re — like the killer whale hat, there is a

11 replica of the frog hat that was carved, not by the

12 clan, but by the dealer who originally purchased the

13 hat from a person in Sitka. Part of that agreement

14 was that the dealer would have an exact replica

15 carved and the person that had the hat would then

16 switch the original for the replica. During the time

17 the replica was in use, it attained a certain amount

18 of prestige, and now it’s used alongside the original

19 at many ceremonial occasions. And I think the

20 replica, it is a crest hat, but it doesn’t have as

21 much esteem attached to it as the original, and so

22 the replica is kind of used as a stunt hat if they’re

23 going outside or in a or something like that.

24 They’ll use it if it’s somewhat going to be a

25 dangerous situation.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 60

1 The museum consults with clan members on how we

2 would like to see things carried out. The museum

3 isn’t involved in dictating how the objects are

4 handled, but we have certain concerns that we make

5 aware to the clan, and they have been very interested

6 in working with us on this. And even in this

7 situation when a speech was being made outside and it

8 started to rain, several people came forward with

9 their umbrellas to adequately shield the frog hat.

10 That’s Al Perkins, by the way, wearing the frog hat.

11 He’s the caretaker of the artifacts for the Kiks.ádi

12 Clan in Sitka.

13 There are several other artifacts that come from

14 the Kiks.ádi that have agreements established with

15 them. These are two Chilkat robes that came from the

16 clan that are in the collections of the Alaska State

17 Museum and then the other one is in the National Park

18 Service. And this isn’t a NAGPRA issue particularly,

19 but in these situations we’ve been able to work out a

20 ceremonial use agreement where the clan has free use

21 of the material and then during the interim it stays

22 at the museum and it can be used for educational

23 purposes in consultation with the clan.

24 This is a beaded shirt that was purchased in

25 1993 by the Alaska State Museum from a private

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 61

1 collection. When this came up, we approached the

2 Kiks.ádi and told them about that and offered to let

3 them go after it if they wanted to. And they thought

4 about it and they couldn’t raise the money needed for

5 this. So then the museum offered to use state funds

6 to purchase this shirt back, and then in return the

7 clan said that they would not repatriate it under

8 NAGPRA, but if they wanted it back they would

9 reimburse the state for the money that we put out for

10 it. So in essence they have a 99-year ability to

11 just reimburse the state for this, and this — we were

12 able to take this out of private hands and put it

13 into a public collection. And now it has a similar

14 agreement to that of the frog hat that it can be

15 checked out and used for ceremonial purposes.

16 The state museum has made some efforts to

17 continue to collect Native Alaskan objects working in

18 and around NAGPRA, although NAGPRA does not really

19 give very much guidance in terms of continuing to

20 collect artifacts. We still have that as a mission

21 for our institution. And so every time an object

22 comes available to us that we are thinking that is a

23 Native object of some great significance, we consult

24 with who we view as the appropriate Native groups, if

25 that can be determined, and try to work out an

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 62

1 agreement with them prior to making any action with

2 regard to the acquisition.

3 This is a Tlingit war helmet that came up at an

4 auction in France that we bid on several years ago.

5 We went in with the Sealaska Heritage Foundation and

6 the Sealaska Corporation to raise $100,000 to bid on

7 this hat, and we also involved the Tlingit and Haida

8 Central Council. We were writing up our agreement

9 the night before the auction, and at 3:00 a.m. I

10 received a call from France asking for our bid. And

11 I bid our whole amount in about 15 seconds, and we

12 lost this piece by about $350,000. It sold for

13 nearly half a million dollars, and is now in the

14 Cooperstown Indian Museum. It’s part of the Thaw

15 Collection.

16 But in spite of this defeat, we have succeeded

17 on several occasions in purchasing objects in

18 consultation and with active participation from the

19 Native groups, yet this is somewhat speculative

20 because we have no formal guidance on how to actually

21 do this sort of thing. And of course, since we are

22 responsible for state funds, we can’t agree to expend

23 state funds unless we have some certainty that what

24 we’re doing is appropriate and legal and all that,

25 but there’s really no good way, to my knowledge, of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 63

1 really finding out what’s appropriate or what’s

2 proper.

3 And finally, I wanted to just tell you about a

4 consultation trip that I had the privilege of being

5 invited to go on with the Kootsnoowoo Heritage

6 Foundation and about 15 clan leaders and elders from

7 the various clans in Angoon, which is, I guess, about

8 50 miles south of here on Admiralty Island, one of

9 the traditional and ancient Tlingit communities here.

10 This happened in January of 1999, and the trip

11 included the American Museum of Natural History, the

12 National Museum of the American Indian and the Field

13 Museum, and we spent nearly a month on the road

14 looking at those various collections. And we had

15 some really amazing finds there.

16 The community of Angoon has a really rich and

17 interesting history. There are about a dozen or so

18 clans living there, each with their traditional crest

19 and crest objects, many of which are now in museums

20 around the country and some of which were destroyed

21 in a bombardment by the US Navy in 1882. This is an

22 artist’s depiction of that event. The bombardment

23 actually burned down pretty much the entire village,

24 and it also killed six members of the community

25 there. The bombardment happened over a dispute, a

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 64

1 misunderstanding between some of the white business

2 owners and the Navy and the Native community there,

3 but because of this event, many of the — most, the

4 oldest objects from Angoon no longer exist. And some

5 of the objects from Angoon that are in museums only

6 exist now because they weren’t there at the time of

7 the bombardment. They were in museums in the lower

8 48, and I think it’s based on this trip that was

9 taken, I think that became very clear from the

10 beginning, that the clans are seeing their material

11 now only because they had been collected, and so that

12 put it in a little bit different light. Next slide.

13 This is what the town looks like today. That’s

14 the — basically, that’s the main part of the town

15 where the bombardment took place, and while none of

16 the original houses are there, there are a row of

17 houses there that are at least 100 years old on their

18 traditional clan sites. And in that area to this day

19 they’re still digging up shrapnel and unexploded

20 ordinance from the bombardment.

21 This is the American Museum where the first week

22 and a half was spent, and the opening ceremonies

23 there. It was a really touching moment when the

24 group first arrived in the collections room and among

25 the shelves where all of these artifacts were stored,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 65

1 these are — the comment was made that this is

2 probably the first speaking of the

3 that was heard by those artifacts in over a century

4 in some cases.

5 That’s a typical aisle where artifacts are

6 housed there, and the group was given free access to

7 these aisles by Martha Graham. It wasn’t — they had

8 a list of everything that the museum could identify

9 as being from Angoon. It was — everything was pulled

10 in advance. But the staff there at the American

11 Museum allowed the members of the delegation to

12 freely look down all the rows, and it was because of

13 that freedom of access that a very important

14 discovery was made inadvertently.

15 This is the group looking down one of the rows.

16 Harold Jacobs was part of this group, and he went

17 down one of the aisles and saw a carved head of a

18 beaver sculpture sticking out from one of the rows.

19 And he thought it looked familiar but he couldn’t

20 quite place it, and then he thought about it again

21 and went back, and suddenly it dawned on him what it

22 was. And it was a canoe prow figure that once was

23 mounted on the bow of a , and that was

24 one of the only artifacts that survived the

25 bombardment. The canoe was out on an expedition away

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 66

1 from the village when the bombardment took place, and

2 the story goes that John Paul came back around the

3 point off of Angoon and saw smoke on the horizon and

4 as the canoe came in to shore he realized what had

5 happened to the community. No one really knew what

6 happened to that canoe prow figure, and here it

7 turned up several thousand miles away in New York.

8 This is part of the delegation going over

9 documentation, and this is one of the other great

10 finds was this ancient beaver dish at the — back in

11 the museum collection. This is the only existing

12 photograph of the canoe prow figure in existence.

13 It’s a very poor photo from the 1880s, but it shows

14 the canoe prow figure mounted on the bow of a

15 Deisheetaan canoe, and it’s on the basis of this

16 photo that Harold recognized the prow figure when he

17 saw it in the collections room.

18 This is after the discovery was announced,

19 everything stopped and several hours were spent going

20 over the history. And Mark Jacobs had heard the

21 history as a young man and he told that at the time,

22 and it was decided right then and there that a

23 repatriation claim had to be put in right away

24 because there were several elders in Angoon that were

25 very old and they really wanted the canoe prow figure

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 67

1 to come back to the community as quickly as possible.

2 This is Garfield George. He is now the

3 caretaker of the beaver canoe prow figure, which was

4 repatriated I think in five or six months after the

5 claim was put in, it was — everything was signed,

6 sealed and delivered on it. One of the fastest

7 repatriations that I’ve heard about, and I think a

8 lot of that is due to Martha Graham and her staff on

9 trying to really get that through as quickly as

10 possible.

11 Part of the trip also was going to NMAI in the

12 Bronx. This is their storage facility, which looked

13 more like a penitentiary of some sort. But we spent

14 half a day there to actually receive an artifact back

15 that had been previously filed for under NAGPRA.

16 This was an ancient bear dagger, and that’s Kevin

17 Olbrysh there of the NMAI repatriation staff. They

18 were very accommodating, and I think the delegation

19 felt very welcome when they came to NMAI and

20 especially when they got a chance to look at some of

21 the objects there because they discovered some long-

22 lost precious objects there as well.

23 This is a photo, a detail of a photo from the

24 1904 potlatch, and a number of these headdresses were

25 discovered at NMAI when the group visited there to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 68

1 pick up the bear dagger. The staff graciously

2 allowed the individuals in the delegation to actually

3 wear these headdresses for the first time in probably

4 a hundred years, and almost everyone in the

5 delegation found something from their clan there that

6 they could put on for this returning ceremony. This

7 is Dennis Starr and John Jacobs. This is Dan

8 Johnson, and this is the late Matthew Fred. This is

9 actually the returning ceremony. There was a balance

10 between the Eagle and Raven sides, and since this was

11 an Eagle artifact that was being repatriated, the

12 dagger was returned to the Raven side who then turned

13 it over to the Eagle side.

14 This is Peter Jack who received the dagger on

15 behalf of his clan, and the dagger is now — has been

16 returned to the Teikweidí and it’s on loan to the

17 Alaska State Museum, and it’s been used at several

18 memorial feasts.

19 Finally, getting back to the canoe prow figure,

20 there was a welcoming ceremony for it last fall.

21 This is the community of Angoon. The Kootsnoowoo

22 Corporation and I think the Forest Service chartered

23 a to come down from Juneau. The canoe prow

24 was shipped to the Alaska State Museum on loan from

25 the clan and it was transported down to Angoon for

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 69

1 this return ceremony. It was a little choppy that

2 day so they resisted the urge to lash it on the bow

3 of the catamaran, and they just had it inside, which

4 was great.

5 This is the cat coming into the Angoon dock,

6 where there was almost the entire community turned

7 out for this, many of this dressed in their regalia,

8 and welcomed the catamaran with singing and dancing.

9 The canoe prow figure in this shot is being offloaded

10 and being met by the members of the clan, the

11 Deisheetaan. These are some dances that took place

12 right on the dock, and then later that evening a

13 welcoming ceremony was held in the gymnasium there.

14 Here is the prow being taken up the gangway.

15 The prow figure was laid out on a table with

16 some of the other artifacts, and about halfway

17 through the event a member of the community came in

18 with a shell from the bombardment of Angoon that had

19 been excavated during the building of a house, and

20 that’s that metallic lunt to the left of the canoe

21 prow.

22 The canoe prow and some of the other artifacts

23 are laid out there on the table. Several of those

24 have been also returned back under NAGPRA. And this

25 is Mark Jacobs on the left and Peter Jack on the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 70

1 right telling the story of the beaver canoe prow

2 figure. And they pointed out that while the prow

3 figure disappeared in the 1920s, the canoe survived

4 for a while longer until it was wrecked on the beach

5 during a storm. And because that canoe was so

6 significant to the people, they actually gave the

7 canoe a funeral just as if it was a person because it

8 was — it was because of that canoe that the community

9 survived after the bombardment.

10 That was the only canoe that was left that they

11 needed for subsistence after all their food and other

12 were destroyed during the bombardment. So

13 everyone, every clan owed their lives to that canoe

14 and all the descendents owed their lives to the

15 canoe, and so the return of this prow figure was of

16 incredible significance to the community. And I

17 think it’s — I think this is why repatriation exists.

18 And this is a typical display of artifacts at a

19 memorial, including the two daggers there on the

20 table are both items that have come back through

21 NAGPRA.

22 I think that’s all the slides I had. Again, I

23 just wanted to say thank you for the opportunity to

24 provide some information this morning.

25 MARTIN SULLIVAN: Thank you, Steve. What we

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 71

1 will do is take a break. There may be some questions

2 from committee members, but we’ll just pause for 15

3 minutes and come back. Thank you very much.

4 BREAK

5 IMPLEMENTATION OF THE STATUTE IN ALASKA

6 MARTIN SULLIVAN: Most of the committee members

7 are here. I suspect that there may be a question or

8 a comment for Steve Henrikson. So Steve, if you

9 could come up here and join us again, we would

10 appreciate it.

11 We’re waiting for Armand. Oh, here you are.

12 STEVE HENRIKSON

13 MARTIN SULLIVAN: Thank you very much for giving

14 us an overview of all the activities. I’ve heard

15 informal comments from different committee members.

16 Anyone want to begin questions or comments?

17 Yes, Vera.

18 VERA METCALF: When you apply for NAGPRA grants

19 for museums, is that — I know there is a certain

20 amount that we have to apply for, is that an adequate

21 amount for your consultation purposes? I ask this

22 because in Alaska, I know transportation is very

23 expensive and you mentioned that you have consulted

24 with several tribes. The amount that is budgeted for

25 museums, do you feel that amount is adequate for

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 72

1 consultation purposes in Alaska?

2 STEVE HENRIKSON: Well, it’s — I think that, as

3 you say, the distances are so great and the travel

4 expenses are so high for most of the state, I would

5 hate to suggest that the money that’s there is really

6 enough. My sense is that very few consultations have

7 taken place that involves bringing a significant

8 number of people in from the bush in to visit some of

9 the museum collections. I think those are more the

10 exception than the rule where you have an entire

11 group, a delegation from a community coming to do a

12 consultation.

13 Individuals, there’s probably more consultations

14 that involve one or two people coming to a museum,

15 but that’s barely adequate. In any given community

16 there are different lineages and different social

17 systems that would, in an ideal world, indicate that

18 you should have representatives of each of those

19 divisions coming to a consultation. And there’s

20 also, I think, an advantage to that in that there’s a

21 synergy that develops and people can talk to each

22 other at the museum at the time this is happening.

23 As I witnessed with the Kootsnoowoo group, I think

24 people really got a lot out of being able to talk

25 things over with their colleagues while they were at

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 73

1 the museum and while everything was in front of them

2 and fresh in their mind.

3 So I guess in that sense, I don’t think there is

4 a sufficient amount of funds that have, at least so

5 far, been able to be used for consultations here in

6 Alaska. I think we’ve just started hitting on the

7 tip of the iceberg of the potential for

8 consultations.

9 MARTIN SULLIVAN: Other questions, committee

10 members?

11 Armand.

12 ARMAND MINTHORN: Susan, are you still here?

13 SUSAN MARVIN: Yes.

14 ARMAND MINTHORN: If we could — a question that

15 I forgot to ask Mr. Fifield was what process was

16 going to take place to establish cultural affiliation

17 on the ancient remains that he gave in his report, if

18 we could discuss that some time today.

19 MARTIN SULLIVAN: Armand, I think I’ve been

20 informed that Rosa Miller, who is a clan mother of

21 the Auk Kwaan, wishes to respond to Sue’s

22 presentation and offer a Native perspective on it.

23 Maybe that would be the good way to do it.

24 ARMAND MINTHORN: All right. And then a

25 question for you, Steve, one of the agenda items for

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 74

1 this meeting here, this three-day meeting, is

2 contamination of artifacts and/or remains. During

3 your slide presentation, many of the things that were

4 brought back or beginning to be brought back through

5 the repatriation process, were any of these artifacts

6 tested for contamination?

7 STEVE HENRIKSON: I’m not certain. I believe

8 the beaver canoe prow figure, it seemed like at some

9 point I saw some paperwork suggesting that it had

10 been tested and cleared, but the other objects I’m

11 not sure of.

12 ARMAND MINTHORN: Would — I guess, what kind of

13 considerations then could you give toward ensuring

14 that these artifacts aren’t contaminated?

15 STEVE HENRIKSON: Well, as far as the objects

16 that I spoke about, most of those were from other

17 museums, and I’m not sure what their procedures are,

18 if any, to really guard against any potential health

19 hazards. As I say, the only one that I am informally

20 familiar with is the beaver canoe and I believe that

21 that prow piece had been tested. And I think, my

22 sense just generally is that that issue is becoming

23 more prominent in the minds of museum people, and I

24 think they are starting now to make that part of the

25 routine is to try to look into the records to see

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 75

1 what treatments have been done on things.

2 In our museum, we’re somewhat fortunate in that

3 we’re so far north that a lot of the insects that eat

4 artifacts in the lower 48 can’t live up here, so in

5 many cases, the museums haven’t used as much in the

6 way of pesticides. It’s more common, I think, to

7 freeze artifacts to control insects than it is to use

8 DDT or arsenic or something like that.

9 ARMAND MINTHORN: So then what steps is your

10 museum going to take?

11 STEVE HENRIKSON: Well, we haven’t had any

12 claims for artifacts at this point, so this is

13 hypothetical, but any kind of a return would include

14 a thorough review of all the conservation records to

15 find out if the object had been treated, and if so

16 with what. And also our conservator has gotten some

17 arsenic test kits to use to be able to take a swab

18 off of an object and send it into a lab and then

19 they’ll give us a readout as to what kind of

20 contaminants it may have.

21 MARTIN SULLIVAN: I have a question related to

22 the helmet that was on auction in France, which

23 subsequently went to the Thaw Collection. Was one of

24 the reasons for bidding on that a belief that it

25 would fall under the definition of a sacred object

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 76

1 within NAGPRA?

2 STEVE HENRIKSON: Well, there was no

3 documentation on that particular helmet, and so all

4 we could go on is the knowledge that at least some of

5 the warriors’ helmets from southeastern Alaska were

6 and are considered to be what under NAGPRA you would

7 call cultural patrimony. So in that the — it wasn’t

8 something that any of us could rule out as not being

9 subject to NAGPRA, so we proceeded as if we knew for

10 sure it was, and as time went on possibly new

11 information might show at some future point that it

12 either is or is not cultural patrimony, but we

13 proceeded as if it was.

14 MARTIN SULLIVAN: Okay. Thanks.

15 Vera.

16 VERA METCALF: In your slide presentation there

17 was several tribes mentioned. I was wondering why

18 some of them are not here to maybe provide a Native

19 perspective.

20 STEVE HENRIKSON: Well, I — Harold Jacobs was

21 planning to be here, but for health reasons he wasn’t

22 able to make it over here from Sitka. But the — and

23 I should point out that a prime player in the

24 Kootsnoowoo consultation is here with us today.

25 Leonard John was on the staff of the Kootsnoowoo

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 77

1 Heritage Foundation, and basically administrated the

2 grant for the corporation and did all the groundwork,

3 and he really deserves a pat on the back for the work

4 that he did. It was a very complicated task, just

5 the travel arrangements would have almost required a

6 Ph.D. in being a travel agent, but he got through it

7 really well. And he is to be congratulated.

8 MARTIN SULLIVAN: Thank you very much. We

9 appreciate hearing from you, Steve.

10 Let me make a general comment. We have a number

11 of additional presentations that have been scheduled

12 for this morning, and we want to make sure that there

13 is adequate time to hear from everyone. The

14 committee feels quite privileged that we are here and

15 able to learn from all of you who are on the agenda,

16 and we do not want to shortchange anyone’s time.

17 This afternoon there are a couple of items on

18 the agenda that we think can be accomplished more

19 quickly. The discussion of our committee’s 1999

20 Report to Congress we will take up when the

21 presentations are done. The two items that were

22 scheduled this afternoon for 2:30, the disposition of

23 remains from Florida and Washington State, we of

24 course did yesterday, so we have some additional

25 time.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 78

1 So I’m going to ask the committee members your

2 preferences, but I would recommend that we go as far

3 this morning as we can do so and then allot some

4 additional time at the beginning of the afternoon so

5 that we can finish up with the reports and

6 presentations. Good.

7 I have had a request for an opportunity to

8 respond to Sue Marvin’s presentation, and the request

9 is on behalf of Rosa Miller who is a clan mother of

10 the Auk Kwaan who is here with us. Are you here with

11 us right at the moment? Yes. Would you come forward

12 then? You can come over to the microphone over here.

13 Thank you.

14 ROSA MILLER AND CHERYL ELDEMAR

15 ROSA MILLER: Good morning. My name is Rosa

16 Miller. I am the tribal leader of the Auk Kwaan. My

17 Tlingit names are Tsais Taan, Stewoo, Syana-aat, the

18 last one given to me was 1986, Nax-gee-see. I am of

19 the Raven moiety, the Dog Salmon Clan, and I come

20 from the Yaxtey Hit, which means Dipper House. My

21 mother, who was the matriarch of our clan, was Bessie

22 Visaya, very well known. She was the matriarch of

23 the Yaxtey Tans. She was also — we are what our

24 mother is. Her Tlingit name was Kochgoon. My father

25 was James Miller. He was of the Eagle moiety. His

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 79

1 Tlingit name was Utshoowoosah. He was a chief of the

2 Wooshkeetaans. He was a Shark from the Shark House.

3 And his father was James Booth Miller, Tlingit, also

4 known as Salmon Creek Jim. His Tlingit name was Shan

5 Soox. He was the chief of the Auk Kwaans at the time

6 of his death. And his wife, my grandmother, was Mary

7 Booth Miller, who was a Wooshkeetaan, and her Tlingit

8 name was Tlah.a. My mother’s parents were Mary Tsa

9 Tate Springer, whose Tlingit name was Stewoo, and she

10 was Auk Kwaan. And my grandfather was George

11 Edwards. His Tlingit name was Shakakoonee. He was

12 Dakl’aweidí from the Killer Whale Tribal House up in

13 Klawock.

14 I got a letter from the Forest Service to come

15 to a meeting, and this was May of 1992, and this was

16 in regards to our ancestors that they had dug up in

17 1990. It took them two years to get ahold of us. I

18 was hoping Cheryl would be sitting by me because I’m

19 not too good on dates. I have a lot on my mind, so

20 if she could come here and sit by me, I would

21 appreciate it.

22 There was a lot of people at this meeting and we

23 didn’t get anything resolved. They passed out a lot

24 of papers. It was just the start of many meetings.

25 When Cheryl finally got involved in it, I was tickled

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 80

1 for her to stand up and tell them, she was talking

2 about the reams and reams of papers I was receiving

3 from Forest Service.

4 We had many meetings with them from 1992, and

5 they made us a lot of promises. And I thought we

6 were finally getting something accomplished when they

7 turned away from meeting with me and went to our

8 former chief. I was very disappointed that they did

9 that, but they didn’t have any success in meeting

10 with him because he didn’t know all that much. I

11 think Cheryl should say something about that, how

12 they changed.

13 CHERYL ELDEMAR: Thank you, Rosa. And just

14 briefly, my name is Cheryl Eldemar and I was the

15 former cultural resource specialist for the Central

16 Council of Tlingit and Haida Indian Tribes from the

17 period of 1993 to ’97 and then again for a year ’98,

18 August of ’98. And in that capacity during the time

19 Rosa is referring to, the Forest Service was doing

20 remodeling if you will to the Auk Rec area that Rosa

21 is referring to, and as part of that process

22 consulting with affiliated tribes.

23 Through the process of consultation, there were

24 many factors, one being negotiating with the Forest

25 Service potential ways to honor the traditional group

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 81

1 associated with that area, which meant incorporating

2 into the renovation or the remodel some additional

3 architectural and sculptural-type items, things that

4 would commemorate in a real way the indigenous group

5 to that area. In negotiating with the Forest Service

6 on issues like that to come to a mutual agreement on

7 how the Forest Service could accomplish their goals

8 and also, you know, accomplish the goals of the Auk

9 Kwaan, decisions would be made during the meetings,

10 or not decisions, but things would be negotiated in

11 the meetings and in follow-up sessions, things that

12 were alluded to agreement would not manifest in the

13 written agreement.

14 So the consultation became frustrating because

15 it was clear to us decision makers were not a part of

16 the consultation process. To successfully complete

17 the consultation as required under NAGPRA things

18 would be suggested or requested by the tribe, the Auk

19 Kwaan. The Forest Service would reply positively.

20 We would come back to the table trying to sign off on

21 the agreement, and those things requested were not

22 reflected, clearly a frustration.

23 It’s my perception that in the interests of time

24 and trying to complete the consultation process, the

25 Forest Service began to consult with someone other

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 82

1 than Rosa Miller, thereby completing their

2 consultation requirements. It was a very frustrating

3 and actually surprising thing to witness. And

4 there’s more to this issue that Rosa will continue

5 on, but hopefully that clarifies what Rosa was

6 talking about. Is that correct, Rosa?

7 ROSA MILLER: Yes. In getting back to the

8 remains that the Forest Service removed from our

9 village site, they told us that they had found it and

10 they moved it. Without notifying us, they moved it

11 and reburied it, and I guess somebody else came

12 across it. At that time they put it in a plastic bag

13 and took it to Sitka, again without notifying us. So

14 notifying us that meeting May of 1992 was after the

15 fact. It was a very frustrating time for me. I was

16 at my wit’s end as to what to do. A lot of times I

17 prayed, and I cried. It was very hard.

18 They made a lot of promises and the grant that

19 was submitted for us was denied. They did not do

20 what we requested in making of the burial boxes. I

21 requested to do it the traditional way, to have

22 Harold Jacobs do the box. Instead they turned to

23 somebody else, and then it was not traditional. And

24 we usually have a memorial dinner after the reburial.

25 That was part of what the grant was going to be for.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 83

1 The box, it was beautiful. It — you’ll have to

2 excuse me. This is very emotional for me.

3 When we finally — I reached a point where I

4 couldn’t take any more, and my cousin was listening

5 to me talking at a meeting and she was kind of

6 shocked by what had been going on. So she called

7 some friends in Washington DC, and not too long after

8 that I got a call and we met with Fred Salinas and

9 Pete Griffin. At that meeting, they told me that

10 that they received a call from Washington DC and they

11 were told to finish it, to end it, to do whatever we

12 wanted them to do, and I was very happy that we were

13 finally going to be receiving our ancestral remains.

14 They paid our way to Sitka. I got my cousin,

15 Lemome Metungding (phonetic) to go with me because it

16 is our custom. Her role was that of a pallbearer.

17 It is our custom to have someone. I’m of the Raven

18 moiety and I had to get someone of the Eagle moiety,

19 so I asked her to play that role, and she went with

20 me. They paid our way. They said they would have

21 funds for us when we got there. There was none. And

22 we were going to be there until 6:00 p.m. that

23 evening.

24 Well, we finally — they finally agreed to give

25 us something, because like I said, we were going to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 84

1 be there over six hours. We got a car rented for us.

2 At the end of the day we went back and the remains

3 were returned to us, and we went to the airport and

4 brought them back. And we stored them because we had

5 others that we still hadn’t received. The

6 Wooshkeetaans were trying to get their remains back

7 from the police station.

8 And a grant was written for us and that was

9 denied, and we met again. I called the Forest

10 Service and Pete Griffin met with us, and I asked him

11 what went on and he said it was denied, and I told

12 him it didn’t surprise me. I said you still have a

13 responsibility. You made promises to us. One way or

14 the other we are going to have the memorial dinner.

15 We just can’t leave it. We did the reburial in

16 September. I was hoping to have it done by then, but

17 we’re still waiting. Do you want to say something

18 about that grant?

19 CHERYL ELDEMAR: Just to be brief and maybe

20 highlight the frustrations or areas for room for

21 improvement, I appreciated Ms. Marvin’s presentation

22 from the Forest Service this morning. And while we

23 are nearing the end result, which is the successful

24 return of ancestral remains, the perspective as to

25 the method by which we get there differs. A very

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 85

1 long process, since the early ‘90s, Rosa referencing

2 the final stage here while the remains are physically

3 returned from where they came, which is now

4 designated as Federal land, is not an option for them

5 to return the remains.

6 On top of that is the issue of the practical

7 financial aspects and the other aspects required to

8 complete the repatriation ceremony. Clans are being

9 asked to recreate or come up with reburial

10 ceremonies, and those things are taxing. And fairly,

11 this clan asked for support from the Forest Service

12 initially, and I was with Rosa on those occasions

13 when the Forest Service distinctly implied that they

14 would be there to the end to help with that, you

15 know, obligation.

16 In the final stages, we are grateful the Forest

17 Service did provide financial assistance to a degree,

18 but did not complete the required process. They

19 implied a relationship with the Park Service that

20 could ensure the balance required to fulfill that

21 obligation would happen, and in fact, fell short of

22 the mark, the Park Service denying the request. My

23 perception is there may be even some cultural issues.

24 The decline cites things like, well, this is a party,

25 is considered kind of something that can’t be funded

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 86

1 because of the perception of the party association.

2 I think there are some cultural issues there.

3 But the frustrations being from my perspective

4 that people in decision making authority or power are

5 not at the table when the consultation is going on,

6 and it’s frustrating to say we’re consulting with you

7 as required under NAGPRA but the people at the table

8 don’t have the authority. And it’s burdensome on

9 clan people and those of us who represent those

10 institutions, Federally recognized tribes, to help

11 that process through. That’s very frustrating. And

12 I think it’s a key factor in prolonging this.

13 Through this whole session, we’ve had a change in

14 administration with the Forest Service. Fred Salinas

15 is recently new. That’s a significant issue.

16 I think we have to be realistic too about the

17 financial issue in tribes, clans implementing

18 repatriation and completing the process. As

19 southeast Alaska becomes more successful in having

20 particularly human remains come back, every claim

21 I’ve worked on in helping with clans, they want the

22 remains to go back to from where they came. And when

23 we know that situation, which we do in some, they all

24 want them to go back to where they came, which in

25 many cases now for us the Tongass National Forest is

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 87

1 a significant landholder.

2 And I don’t know — I must say in my experience

3 to date the Forest Service has been accommodating in

4 a very, I guess for lack of a better word, quiet way

5 of allowing remains to return. I sense there’s no

6 formal policy on this, but it’s starting to become an

7 issue, and I understand you may hear testimony from

8 another tribal elder who can attest to that. Here

9 the Auk now have an area that’s a recreational area,

10 cannot return the remains to that, do not want to,

11 and so the whole frustrating ordeal of negotiating

12 and the time it takes, those are I think the

13 underlying frustrations.

14 And I would also just like to comment that I

15 believe we are making progress, that the Forest

16 Service, like we, are learning. It’s a learning

17 process. We’re learning together that, you know,

18 they are human beings in those positions, and carry

19 their perspectives. But to have known that human

20 remains were extracted when this law was in existence

21 and put in plastic bags and sent to an office in

22 Sitka is pretty amazing.

23 Did I cover everything, Rosa?

24 ROSA MILLER: Yes. I would also like to talk

25 about the remains we repatriated from the museum

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 88

1 here. We met with Steve Henrikson, and he was very

2 cooperative. We had no problems there. He took care

3 of it.

4 Before we actually did the reburial, I felt with

5 all the turmoil going on with us, we went out on

6 ceremonies. Cheryl was part of one of them, and it

7 was a very, very emotional experience. Each one

8 experienced a different feeling. I can’t explain it.

9 But we did this for a year, because of the fact that

10 we were going to be reburying our ancestors. And

11 each time we did these ceremonies, it just seemed

12 like we were — I can’t explain it. It was just very

13 emotional, a lot of praying, singing.

14 And at the completion of our ceremonies, we

15 would select an area, and you could feel where it

16 would be best to put it, at least that’s the

17 experience we had. I just walked, and wherever it

18 felt this was the place to put it, we put food there,

19 and we would walk away. And always when we did that,

20 there was eagles sitting up in the trees and they

21 would start talking as if to thank us. Like Cheryl

22 and my grandson said, it was awesome.

23 But with the museum, it was — like I said, they

24 were very cooperative, and we reburied our ancestors.

25 They had the boxes made, and my son Perry Miller made

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 89

1 the boxes. And we reburied those at the cemetery so

2 they won’t be disturbed again. We put that small box

3 on top my grandfather, Shan Soox.

4 The other six, the last six we repatriated got

5 reburied. When they were building the city of

6 Juneau, they had a court order to exhume all our

7 ancestors so they could build the city of Juneau.

8 That’s how the Evergreen Cemetery was founded. My

9 mother showed me where they put our ancestors. In

10 the words of my mother, she said, this is what they

11 did. They dug a hole here, a big hole, and they

12 dumped all our ancestors in there, just covered them

13 up. There’s a big slab of concrete there, and that’s

14 where we put the last six.

15 And I had to really request that. They wanted

16 us to put them somewhere else. I said no, this is

17 where our other ancestors are here, and I would very

18 much like for them to be with them. And I thank

19 Steve for all the help he gave us. So we had one

20 that went through without a problem and one we’re

21 still working on. So this is what we’ve gone

22 through. Thank you.

23 MARTIN SULLIVAN: Thank you both very much.

24 Comments or questions from the committee?

25 CHERYL ELDEMAR: Thank you.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 90

1 MARTIN SULLIVAN: Thank you. We appreciate

2 hearing from you.

3 We’ll next hear from Gary Selinger representing

4 the University of Alaska Museum.

5 GARY SELINGER

6 GARY SELINGER: Good morning, everybody.

7 LAWRENCE HART: Good morning.

8 GARY SELINGER: My name is Gary Selinger, and

9 I’m the NAGPRA coordinator for the University of

10 Alaska Museum in Fairbanks.

11 MARTIN SULLIVAN: Could you move a little closer

12 to the mic, Gary?

13 GARY SELINGER: Yes.

14 MARTIN SULLIVAN: Thank you.

15 GARY SELINGER: My name is Gary Selinger. I’m

16 the NAGPRA coordinator for the University of Alaska

17 Museum in Fairbanks, and I’ve been in that role since

18 1993.

19 My museum in Fairbanks is the archeological

20 repository for Federal and state collections since

21 1926, and our collection consists of about 4,500

22 different accessions representing about a million

23 objects in addition to 900 sets of human remains.

24 The collection represents cultural areas from all

25 over the state of Alaska, and we presently serve as a

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 91

1 repository for the National Park Service, the BLM, US

2 Fish and Wildlife Service, Forest Service, Department

3 of Defense including the Army, the Air Force, Coast

4 Guard, Department of Aviation, Department of Energy.

5 The list goes on and on. Presently we have

6 repatriated 450 sets of human remains and

7 approximately 3,500 funerary objects in 14 different

8 claims, and we have three claims that are pending

9 presently.

10 Alaska is a very confusing situation because the

11 land status is just a mosaic of Federal land, state

12 land, Native land claims, private landowners, and to

13 add to it prior to statehood in 1959, the entire

14 state of Alaska was a territory of the United States.

15 So all of the archeological collections prior to

16 statehood belong to the Federal Government. And when

17 we had to comply with NAGPRA in 1993 for the two

18 deadlines of ’93 and ’95, we had to search out the

19 4,500 collections that we have to figure out which

20 Federal agencies were responsible. We wrote letters

21 to most of the Federal agencies asking for

22 assistance, either financially or giving us staff to

23 do the inventories, do the summaries. We received

24 zero from anybody, from all the Federal agencies in

25 the state. So we were essentially on our own. We

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 92

1 hired a lot of students, and we were in compliance

2 for the Federal agencies. We took on that chore.

3 As a result we’re what they’re calling we’re in

4 possession of the collections, but we’re not in

5 control of the collections. So when I get a

6 repatriation claim, I don’t have the right to do the

7 repatriation directly. I have to go through a

8 Federal agency. So we can do the consultation, but

9 then I have the Federal agency wanting to do a second

10 consultation to verify that the information that we

11 have is correct, although we have the collections and

12 the Federal agencies a lot of times could be in

13 southeast Alaska, could be in Anchorage. They’re

14 spread all over. So it puts a burden on the Native

15 community to have essentially two consultations

16 because of this bureaucratic situation.

17 An example of what’s going on, and I wanted to

18 give you an example of something that’s happened

19 recently. The Nome Eskimo community gave a

20 repatriation claim, sent a repatriation claim to me

21 on January 3rd, 2000, and it was for ten sets of human

22 remains and funerary objects from a place called

23 Sledge Island, which is about 25 miles west of Nome.

24 And one of my first chores to do is to figure out the

25 land status, which Federal agency is responsible. So

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 93

1 the Bureau of Land Management in Anchorage has been

2 helping me tremendously figure out which agency is

3 responsible through their land office.

4 Well, we found out that the Coast Guard, this

5 land was given to the Coast Guard in the 1920s

6 because they were thinking of building a lighthouse

7 station on Sledge Island because of all the whaling

8 that were coming in. So I was very confused as

9 to who in the Coast Guard I was supposed to deal

10 with. So I called Tim McKeown and we got the name of

11 legal council in Alameda, California. But in the

12 meantime, I called the Coast Guard Museum in New

13 London, Connecticut, and they had discussed with me

14 that they had prepared some repatriations. To make a

15 long story short, from January 5th to the present time

16 today, I have not received anything from the Coast

17 Guard giving me authorization to do the repatriation

18 or anybody in charge. They have been passing it

19 between Alameda, California, Washington DC, and New

20 London, Connecticut.

21 What’s amazing to me is they were trying to

22 figure out if it was real property versus personal

23 property, the human remains. Real property, my

24 understanding, is real estate, land and buildings.

25 So since the human remains were from the ground, they

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 94

1 thought it was a real property issue, so that was

2 Alameda, California. Then they decided the human

3 remains were taken away, so that’s personal property.

4 That’s something you could pick up and carry away, so

5 that transferred to the Washington DC office. It is

6 not resolved. We have spent January, February and

7 March, and now it’s the beginning of April and I’m

8 still at the beginning.

9 The Nome Eskimo community, I was in Nome and I

10 met with them at a council meeting, and I was told by

11 the Coast Guard that they were going to write a

12 letter authorizing myself and my museum to do the

13 repatriation on behalf of the Coast Guard. I called

14 several times over the following month asking where

15 that letter was, and apparently the letter was

16 sitting on somebody’s desk. And then I called three

17 days ago before I came to this meeting and I was told

18 the letter had never been written and they were

19 confused as to how to word an authorization letter

20 letting me do the repatriation.

21 So I’ve been lied to by the Coast Guard. I’ve

22 been sent back and forth all over the country. And

23 one of the real issues that I see here is that there

24 is no mechanism to go after a Federal agency like

25 this. There’s civil penalties. If my museum was

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 95

1 doing something like this, I’d be in a desperate

2 situation right now legally. But with the US Coast

3 Guard, I think they just felt that I would go away

4 after a while, but I can’t go away.

5 We’re trying to comply with a Federal law, and I

6 don’t understand why these Federal agencies that are

7 not involved with repatriation to a greater extent,

8 why they are totally ignorant of the law. I had to

9 essentially teach them what NAGPRA is. They don’t

10 have anybody in charge. There’s no list that I can

11 go to to figure out who I should call in a situation

12 like this. So I feel this is something the Coast

13 Guard and I’m sure many other Federal agencies that

14 don’t deal with NAGPRA very much — it wastes a lot of

15 time. We’re having tremendous delays as a result of

16 this.

17 I have several issues. This was a problem with

18 the Coast Guard. I’m having trouble also with

19 Federal Register notices. We have had a claim that

20 I’ve been working on, and I sent in a draft. I

21 usually write the Federal Register notices or the

22 Federal agency that’s responsible for the collection

23 will work with me, and we send the Federal Register

24 notice into the National Park Service office in

25 Washington DC.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 96

1 We sent one in at the beginning of January and

2 just three days ago, four days ago, well, it was

3 March 30th, I was sent a notice that it was finally

4 published. It took three months. Now, with the 30

5 days that the notice has to be published for, that’s

6 a four-month period. I think it’s really important

7 to realize, I know a lot of people here are from

8 outside of Alaska, but our ground is frozen for the

9 majority of the year in Alaska. And when I’m working

10 with Native groups in the northern part of the state,

11 we have a very, very small window of opportunity to

12 do reburials.

13 And as a result when I see these delays, things

14 like the Coast Guard taking four months not even to

15 do anything yet, and then I’m looking at potentially

16 another two to three months of waiting for a Federal

17 Register notice to be published, we’re — the real

18 impact is on Native communities in Alaska not being

19 able to do their reburials in a timely fashion.

20 So what’s going to happen with my Sledge Island

21 case is that we’re going to have to hold the remains

22 in the museum until next year, 2001, and they will do

23 the reburials then, and this has been going on for

24 four months now. And it just seems absurd to me, we

25 finally have the Federal agencies working properly

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 97

1 within the state of Alaska, but I’m having trouble

2 with the Federal agencies outside of Alaska. The

3 delays, we’ve had delays before where the reburials

4 actually had to take place the following year, and

5 there just doesn’t seem to be an adequate reason for

6 this.

7 The Federal Register notices, I’m having

8 difficulty. I’m sent drafts back from the National

9 Park Service office, and there are errors on those

10 drafts. I correct them, and then I get a next draft

11 back and the errors were not corrected from my edits.

12 And we’re just going around and around and around,

13 and it takes just months and months.

14 A couple of years ago, it was very, very prompt.

15 And I told the office that because of our

16 seasonality, with the small time period that we have

17 to do the reburials in Native communities, that I

18 think our Federal notices need to be a priority

19 especially as we’re approaching summertime. And the

20 office would listen, and a few years ago we were able

21 to get them out in 30 days or 40 days. But now we’re

22 at a 90-day time period just to get the notices

23 published. So that’s another issue I’ve been dealing

24 with. The delays, like I said, are really a problem

25 for Native communities when they’re writing grants to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 98

1 do reburials, the community is preparing for

2 ceremonies, and they excavate the ground, and then

3 the human remains don’t return to the village and

4 they have to wait for the following year.

5 Another issue that Cheryl Eldemar was talking

6 about is reburial on Federal lands, and this issue is

7 starting to come up with Native communities that I’m

8 working with. I think it’s important for folks to

9 realize here that Alaska has 366 million acres and

10 240 million, or 66 percent, is managed by the Federal

11 Government. So no doubt it’s going to occur many,

12 many times where Native groups are going to want to

13 rebury on the original burial site, and this is going

14 to end up being on Federal land.

15 We have a case right now in Eagle, Alaska that

16 I’m waiting for a Federal Register notice to be

17 published that they want to — there’s a small piece

18 of land in the village that’s controlled by the

19 Bureau of Land Management, and they want to rebury

20 these human remains on that piece of land. That was

21 the original place those people were buried, and the

22 Bureau of Land Management will not allow it.

23 They — I have a copy here, I just have one copy,

24 but we could pass it around, the Bureau of Land

25 Management in 1998, July 1, passed a policy to not

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 99

1 allow burials on Federal land for the Bureau of Land

2 Management. The only exception is if there was a

3 partial removal, a partial skeleton and we can

4 reunite the human remains and that would be on

5 Federal land, they would allow that. Like a lot of

6 times skulls were taken, and if you could reunite and

7 identify the original burial site where the rest of

8 the remains are, the Bureau of Land Management will

9 allow that to happen. But this seems like a legal

10 policy and the Bureau of Land Management is not

11 allowing any of the Alaska Native groups that I’m

12 working with to do reburials on those Federal lands.

13 So that’s — I think that’s a really important issue.

14 It’s going to continue rising to the surface. People

15 are very, very frustrated.

16 The Bureau of Land Management specifically told

17 me that they do not want the responsibility of

18 managing those human remains on their lands again.

19 They’ve repatriated them. They’re removed. They’re

20 away. They don’t want the fiscal responsibility.

21 They don’t want any financial burden. They don’t

22 want to protect the remains from pot hunting. They

23 just don’t want any part of it. And I can understand

24 and be sensitive to that issue, but I think it’s

25 really important that some kind of compromise be

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 100

1 worked out with the various Federal agencies and the

2 Native communities in the state because we have so

3 much of our land caught up in Federal land.

4 One other issue I wanted to talk about is we

5 have a lot of material, archeological collections

6 that were excavated in the state of Alaska and

7 removed from the state and actually removed from the

8 United States and brought to other institutions

9 around the world. And these collections were legally

10 collected with 1906 Antiquities permits, and there is

11 no mechanism for our museum who actually is the

12 Federal repository on the collecting permits, but the

13 collections have never come back to the country,

14 there’s no mechanism for me to get those collections

15 and be in compliance with NAGPRA.

16 A prime example is in Point Hope, Alaska, the

17 Iputak Collection (phonetic). This material, it has

18 about 500 sets of human remains and thousands and

19 thousands of objects, associated funerary objects.

20 The American Museum of Natural History has the

21 majority of the human remains, my museum has some

22 associated funerary objects, and the Danish National

23 Museum in Copenhagen has the rest of the material. I

24 have written numerous letters trying to get them just

25 to send me an inventory so I could compile an

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 101

1 inventory from all three institutions and provide it

2 to the Point Hope folks, and they do not respond.

3 When I’ve talked to the Bureau of Land Management for

4 assistance, they say that this is a State Department

5 issue and it isn’t an agency issue.

6 But there are collections, I’ve gone through our

7 records, there’s collections in Tokyo, ,

8 London, all over the world that were collected with

9 an Antiquities permit, they belong to the United

10 States Government, the Federal Government, and we are

11 not able to comply with NAGPRA with those collections

12 because they are out of the country and they are

13 untouchable. And there just has to be a mechanism to

14 get that material back home, back to the United

15 States, so that it could be repatriated if that’s

16 what the Native communities want or at least be put

17 in the repositories that are designated on the

18 Antiquities permits.

19 Those are the majority of the issues that have

20 come up in working with NAGPRA at my museum. I want

21 to say that over the years Tim McKeown’s office, even

22 though there are some problems with Federal Register

23 notices now, Tim McKeown’s office has provided us

24 with a tremendous amount of guidance when there has

25 been confusion, especially at times of the 1993 and

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 102

1 1995 deadline. It’s always a place that I could call

2 to get help, and I’m very concerned about a

3 reorganization. I’m going to find it very difficult

4 to find someplace to call to get guidance on NAGPRA

5 issues. I’m not a lawyer. We don’t have legal

6 council available to figure this out, and there’s a

7 lot of problems that I think are going to continue

8 coming up. The training programs that Tim has put on

9 through the University of Nevada have been

10 tremendous. We have had a couple here in Alaska, and

11 I think for everybody, they have benefited. It’s a

12 very important thing to continue is to have that

13 office intact. And I’m upset from the information

14 that I heard yesterday.

15 The only additional thing I want to say is that

16 my museum was in 1990 very scared of the NAGPRA

17 legislation. Some of our past curators were worried

18 that we were going to give away all of our

19 collections and have nothing for research and for our

20 educational mission, but now that I’m looking back on

21 it after ten years, we have developed some fantastic

22 partnerships, collaboration, relationships, whatever

23 the word should be, with NAGPRA communities all over

24 the state of Alaska. And I think although we’re

25 repatriating things that are very appropriate to be

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 103

1 repatriated, such as funerary objects and human

2 remains, it has not been a threat to research or

3 education. And I see with our exhibits and research

4 and publications, they’re really done in

5 collaboration with Native communities now, and I

6 think we have benefited as a result of NAGPRA much

7 more than it’s been detrimental to anything in my

8 institution. Thank you.

9 MARTIN SULLIVAN: Thank you very much for your

10 comprehensive report, Gary.

11 Comments and questions from committee members?

12 Jim.

13 JAMES BRADLEY: Just some brief comments. Thank

14 you for your report, and as a museum director also

15 and nominated to this committee by the AAM, it’s

16 great to hear another museum director talk about not

17 only the difficulties in complying with this law but

18 the opportunities that the law has presented for new

19 partnerships, so I appreciate your comments. Not

20 that it’s any consolation, but the issue about

21 reburial on Forest Service land has come up in other

22 parts of the country.

23 And John, I wonder if that’s something that you

24 might be able to pursue back in DC within the

25 Department. It sounds as though these are reasonable

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 104

1 requests. I mean, there ought to be a reasonable way

2 to deal with this. Could you look into that and get

3 back to us on that at some point? Thank you.

4 MARTIN SULLIVAN: Other comments?

5 John, first.

6 JOHN O'SHEA: I had one comment. You know, I

7 don’t quite understand why you’re doing all this

8 NAGPRA work on behalf of the Federal agencies. I

9 mean, is that part of your agreement with the Federal

10 agencies in terms of being the Federal repository?

11 Because most museums would say those negotiations

12 and, in fact, even the inventory process would be not

13 your responsibility but the Federal agency that owned

14 the collections responsibility.

15 GARY SELINGER: That’s a great question, and

16 that was discussed in my museum when the Federal

17 agencies failed to provide assistance or even

18 participate in a minimal manner. We could have done

19 like so many other museums did and just say, okay,

20 all of these collections are Federal, we are not

21 responsible, no compliance. But I think it’s very

22 important to take a look around at where we are.

23 This is the state of Alaska, and our museum has

24 worked with Native communities for years, and my

25 children go to school with Native kids in Fairbanks.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 105

1 It’s our community. And we felt very, very

2 responsible regardless of what the Federal agencies

3 were going to do or not going to do to make an effort

4 to comply with NAGPRA on behalf of the agencies.

5 And sometimes I look at it and I go, this was

6 the most stupid thing that we ever did, because I

7 look at other institutions like the American Museum

8 of Natural History in New York, they separated out

9 Federal collection. And there is no compliance

10 essentially, and it’s not their responsibility. We

11 could have done the same thing, but we decided not

12 to. We decided to work with the communities and I’m

13 suffering as a result of it. But I think the

14 relationships and the trust we have established with

15 Alaska Natives is outstanding, and I would never go

16 back on what we did. I think it was the correct

17 thing to do. Maybe bureaucratically, legally it was

18 absurd.

19 JOHN O'SHEA: Well, financially it was

20 probably —

21 GARY SELINGER: Financially it was crazy. I did

22 a report, we spent — we were getting money from the

23 provost. We spent like a quarter of a million

24 dollars to pull it together. No compensation from

25 anybody. It was state funds for Federal agencies.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 106

1 But I really think it was the appropriate thing to do

2 given where Alaska is situated, where our community

3 is situated in Fairbanks, and like I said the

4 relationships and the trust that we’ve developed I

5 think is part of that, and that’s been very

6 beneficial.

7 MARTIN SULLIVAN: Thank you.

8 Armand.

9 ARMAND MINTHORN: I guess it really bothers me

10 to, I guess, hear again what BLM is doing, and

11 throughout our meetings most recent we’ve heard

12 continuing citings of BLM and what they’re not doing.

13 And I guess I would like to ask you, Gary, if I could

14 have a copy of that policy that you mentioned about

15 the no reburial on BLM lands, if I could get a copy

16 of that?

17 GARY SELINGER: Yes. I have this one right

18 here.

19 ARMAND MINTHORN: But I guess, you know, this is

20 where it’s going to be important for the Federal

21 compliance to be maintained as a priority, the

22 Federal agencies and lack of compliance is no excuse.

23 They do have a responsibility to implement the law as

24 mandated, and the Coast Guard I think is one agency

25 that we have not heard very much about, but it’s

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 107

1 clear that there’s problems here with Coast Guard.

2 And I would like to cite the Coast Guard as one

3 agency that we need to hear directly from as far as

4 compliance with the law and what steps they are

5 taking to implement this law as a Federal agency.

6 You know, I truly sympathize with you what

7 you’re going through. You shouldn’t be taking the

8 responsibility of the Federal agencies. It’s their

9 responsibility. And I think as we come on our

10 agenda, the Federal compliance, and I think this is

11 one issue that we need to cite, not only is this

12 university having a problem, but I think there are

13 others as well that are carrying the brunt of the

14 responsibility that Federal agencies are supposed to

15 be carrying. And it’s not fair that you as a

16 university should be doing their job. It’s their

17 job, period.

18 And I guess I would again cite my concern with

19 the reorganization within the NAGPRA offices here,

20 and I do share your concern with the guidance that

21 you will look toward getting through the NAGPRA

22 offices. And I would ask Mr. Robbins to convince me

23 that this reorganization is going to be consistent

24 and maintaining continuity with tribes and museums

25 and universities and Federal agencies. That’s all.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 108

1 GARY SELINGER: Thank you.

2 MARTIN SULLIVAN: Thank you very much. We

3 appreciate it.

4 GARY SELINGER: Thank you.

5 MARTIN SULLIVAN: Our published agenda next

6 would have included Judy Bittner, who is the State

7 Historic Preservation Officer. She is not feeling

8 well and not able to come here. So we’ll go to Diane

9 Palmer representing the Cape Fox Corporation.

10 DIANE PALMER AND IRENE SHIELDS

11 DIANE PALMER: Thank you. My name is Diane

12 Palmer, and with me today is Irene Shields. On

13 behalf of Cape Fox Corporation and the Saanya Kwaan

14 Tribe, we would like to thank the committee,

15 Mr. Robbins, and the staff from the Park Service for

16 giving us this opportunity to make a presentation to

17 you today.

18 Cape Fox Corporation is an Alaska Native

19 corporation that was organized pursuant to the Alaska

20 Native Claims Settlement Act of 1971. On November 6,

21 1999, Cape Fox Corporation, on behalf of the Saanya

22 Kwaan Tribe, filed repatriation petitions under

23 NAGPRA with the Field, Peabody and Burke Museums,

24 Cornell University, as well as with the National

25 Museum of American Indian and the National Museum of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 109

1 American History. The majority of our claims were

2 made for the return of artifacts taken by the

3 Harriman Expedition of 1899. The Harriman Expedition

4 explored the coast of Alaska and it included a large

5 contingent of well-known scientists, writers and

6 artists, such as C. Hart Merriam, John Muir, Edward

7 S. Curtis, Frederick S. Dellenbaugh, to name just a

8 few.

9 In July of 1899 on its return voyage, the

10 expedition stopped at old Cape Fox Village and began

11 removing totem poles and other cultural items from

12 houses and they even went as far as to remove a

13 chief’s house. Those who removed the objects knew

14 that the inhabitants had left the village because of

15 illness, but they made no attempt to secure

16 permission or authority to remove these objects.

17 Some of the participants were critical of the action

18 in removing the sacred objects and objects of

19 cultural importance from within the village and from

20 the burial grounds, but to no avail.

21 Aside from the filing of our repatriation

22 claims, there is currently a project underway under

23 the direction of Smith College Science Center, which

24 will retrace the Harriman Expedition 100 years later,

25 and will include noted scientists, writers and

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 110

1 artists of today. A feature-length documentary film

2 for PBS will be made about the original expedition,

3 the expedition of 2000, and the changes that have

4 occurred in Alaska over the past 100 years.

5 The return of the Cape Fox artifacts on July

6 12th, 2000, in conjunction with the Harriman

7 Expedition retraced, is receiving overwhelming

8 support from several agencies, including the National

9 Museum of American Indian. Irene Shields just

10 returned from New York on a site visit to the museum,

11 and she can tell you of her visit and the

12 significance of this event to her people.

13 IRENE SHIELDS: Hello. My name is Irene Shields

14 Dundas. My Tlingit name is Kaalaax Tlaa. I am

15 Dakl’aweidí Killer Whale Seal under the Eagle moiety

16 from the Cedar House of Keex Kwaan from Kake, Alaska.

17 I’m Neix adi.

18 I’m here today on behalf of the Saanya Kwaan

19 Tlingit from Cape Fox Village Saxman. The Saanya

20 Kwaan is made up of three different clans, the Neix

21 adi, Eagle Beaver Halibut; the Teikweidí, Brown Bear;

22 and the Kiks.ádi, Frog People. For the last seven

23 years I have been researching and trying to locate

24 all the items that were stolen from the Harriman

25 Expedition. The expedition had taken nine totem

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 111

1 poles ranging from six feet to 42 feet tall, and they

2 also had taken a whole tribal house, masks, box

3 drums, two canes — or a few canes, two Chilkat

4 blankets, and burial posts from the graves. Most of

5 our clan property is held at the National Museum of

6 the American Indian, and there are other things that

7 are at the Field Museum, the Peabody, the Burke and

8 Cornell University.

9 Last summer I was contacted by the Harriman

10 Expedition Retraced. They informed Cape Fox

11 Corporation that they would like to have some of the

12 clan property to be returned in July 2000. On behalf

13 of the Saanya Kwaan, Cape Fox Corporation filed for

14 the repatriation of claims. As soon as we learned of

15 the Harriman Expedition Retraced, the clans have been

16 meeting twice a month in preparation for the return

17 of our clan property. The clans have been seeking

18 proper protocol from clan elders. The clans were

19 only given six months to get prepared for the

20 welcoming home celebration. Normally it would take

21 two to three years for a celebration.

22 Some of the museums have been contacted by the

23 Harriman Expedition Retraced, so we may speed the

24 repatriation process up. It is sad to hear that the

25 Federal Register is so backed up and that our

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 112

1 property may not be put in the Federal Register in

2 time. Our people will be prepared for the return by

3 July 12th, 2000 on the Harriman Expedition Retraced.

4 We’re preparing for something that may not happen by

5 July, but we’re hoping that we can get the items

6 returned by July.

7 DIANE PALMER: In addition to the support from

8 NMAI, we have also just received official

9 notification from the Peabody regarding our claim

10 with the Peabody. I would ask that Barbara Isaac and

11 Anne-Marie Victor Howe from the Peabody make a brief

12 statement regarding our claim.

13 BARBARA ISAAC: This is just a very short

14 statement from the Peabody Museum. We have processed

15 the claim from Cape Fox, and the director came to the

16 decision that we would be pleased to return the totem

17 pole that is in our collection. And we would like to

18 emphasize the fact that in presenting a notice to the

19 National Parks, or probably not the National Parks

20 office, the new office, we hope that it will be

21 processed as promptly as possible, so that this, the

22 whole of this can get underway and the village and

23 the corporation can get their plans set. We actually

24 have a draft here with us that we’re agreed on for

25 the notice in the Federal Register. So I’d like to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 113

1 hand it to Tim and see that it goes in as promptly as

2 possible. Thank you very much.

3 DIANE PALMER: Finally in closing, I would like

4 to thank the Peabody for meeting with us and helping

5 us out. We would also like, you know, to just

6 request in light of the critical timing of our

7 repatriation effort that due consideration be given

8 to the filing of the notice in the Federal Register.

9 Due to the high costs associated with transporting

10 large totem poles across the United States, it is our

11 intention to apply for a NAGPRA grant to help defray

12 some of these costs. That — we’ll be precluded from

13 filing for that until notice has been filed in the

14 Federal Register.

15 We’ve also been, as Irene mentioned, involved in

16 several fund raising efforts with the clan members to

17 help pay for these costs associated with the

18 shipments as well as with the ceremony that will be

19 held. We would like to thank you again for your time

20 and your commitment as individuals to this committee,

21 as well as to the Park Service. Thank you.

22 MARTIN SULLIVAN: Thank you both. We appreciate

23 it.

24 Are there comments, Tessie?

25 TESSIE NARANJO: Clarification please. You

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 114

1 mentioned, Irene, that July was your — the time that

2 you were planning for the return of these remains.

3 Again, tell me how many, which ones. Barbara talked

4 about the totem pole, but it’s more than that.

5 IRENE SHIELDS: Yes. Well, the Harriman

6 Expedition had stolen a whole tribal house, which is

7 in the National Museum of the American Indian, a

8 42-foot totem pole, there are several dancing canes,

9 two Chilkat blankets, two burial posts. There’s two

10 totem poles at the Burke Museum, a totem pole at the

11 Field Museum, a totem pole at the Cornell University

12 and the totem pole at the Peabody. So about

13 altogether there is about 32 different items that the

14 Harriman Expedition had taken.

15 TESSIE NARANJO: I guess I’m trying to lead up

16 to something because if the Federal Register is one

17 of the tools that will block the return of these

18 remains, I’m trying to encourage, and I want maybe

19 some response from Mr. Robbins about an assurance

20 that a Federal Register will be pushed along so that

21 the deadline for that July will be met.

22 Mr. Robbins, any comment on that?

23 JOHN ROBBINS: I’ll certainly do what I can.

24 MARTIN SULLIVAN: Just for clarification, the

25 materials that are in the National Museum of the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 115

1 American Indian go through a separate process for

2 return.

3 DIANE PALMER: Correct.

4 MARTIN SULLIVAN: And are you hopeful that that

5 is going to be quick enough to meet the deadline?

6 IRENE SHIELDS: Yes. We met with them last

7 month, and they’re speeding their process up as fast

8 as they can.

9 MARTIN SULLIVAN: All right. Tessie?

10 Jim?

11 JAMES BRADLEY: Tessie asked my question.

12 MARTIN SULLIVAN: Okay. Well, thank you all and

13 very best of luck in getting this accomplished.

14 We’ll turn next to Allison Young who is

15 representing the Aleutian/Pribolof Islands

16 Association.

17 ALLISON YOUNG

18 ALLISON YOUNG: Can you hear me all right?

19 MARTIN SULLIVAN: Yes.

20 ALLISON YOUNG: I have a tendency to be very

21 loud, which I think is a result of working in the

22 Aleutians and having to shout over the wind all the

23 time.

24 Hello. As you know, my name is Allison Young.

25 I am the cultural heritage director for the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 116

1 Aleutian/Pribolof Islands Association, which is a

2 nonprofit Native association for the Aleut people of

3 the Aleutian and Pribolof Islands region. We are a

4 member organization. We have 12 tribal members, 12

5 tribes, and 12 of the 13 tribes that are in the

6 Aleutian and Pribolof Islands region. So we serve

7 through social programs and health programs and

8 cultural heritage and educational programs for the

9 people of our region.

10 I would like to thank the review committee for

11 the opportunity to speak to you about repatriation

12 among the Aleut people, and I would also like to

13 thank the Tlingit people for hosting this meeting in

14 their traditional territory.

15 I put on the tables before you this morning a

16 little packet of papers that’s a map of the Aleutian

17 region. The first page of that map shows the

18 traditional territories of the Aleut political groups

19 as they were recognized in the 1760s by Russian

20 historians and explorers. The second page of the map

21 of the little packet shows the incredible distances

22 that are covered in the Aleutian and Pribolof Islands

23 region. Our region is 100,000 square miles. We

24 serve 12 Aleut communities in that region, two in the

25 Pribolof Islands and the other remaining communities

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 117

1 throughout the Aleutian chain. And the distances, as

2 you can see the air miles between the villages and

3 Anchorage, which is our central hub, are extreme.

4 And often travel limits many, many of the programs

5 and things that we can do for all the programs that

6 we provide to the people of our region.

7 The last two pages is a preliminary list of

8 going by island group in the Aleutian archipelago and

9 the organizations with standing to claim for

10 materials from those island groups. And this list is

11 the result of a year of work with the tribes and

12 village corporations and the regional corp in our

13 region in trying to begin to do some preliminary

14 organization around how we will handle repatriation

15 in our region. There are 27 groups with standing to

16 claim in the Aleutian and Pribolof Islands region.

17 There are 13 tribal governments and 13 village

18 corporations and one regional corporation. So we

19 have a tremendous amount of cooperation for things

20 that occur in our region.

21 The efforts in our region began first in 1995

22 with the tribal government of St. Paul, who applied

23 for and received a repatriation grant to begin to do

24 some consultation with museums in the lower 48 from

25 whom they had received inventories. And this was the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 118

1 first effort to really begin to open up a dialogue

2 with those institutions, to visit collections. Most

3 of the time it was the first time that any Aleut

4 person had seen any of that material. The museums

5 are so remote from our region and travel costs are so

6 expensive that most people cannot visit institutions,

7 and therefore, they don’t have access to their

8 traditional materials.

9 In January of 1996, there was a meeting in

10 Unalaska to begin to discuss repatriation in our

11 region, and that was organized by Rick Knect, who is

12 the director of the just newly opened Museum of the

13 Aleutians. And he worked with some of the local

14 tribes and the tribal government of St. Paul to have

15 this organizational meeting, to learn about

16 repatriation, to discuss the genesis of Aleutian

17 collections throughout the United States and around

18 the world, to discuss NAGPRA procedures for which

19 there had been no training whatsoever in our region

20 at all. So the first time people had a chance to

21 really begin to look at NAGPRA and the procedures

22 that were in place and try to learn about how that

23 might be implemented in our region. And then there

24 was some development for a regional plan for

25 repatriation, how we might go about conducting

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 119

1 repatriation.

2 In 1996, the Qawalangin Tribe of Unalaska as a

3 result of this meeting applied for a NAGPRA grant and

4 received a grant to begin to organize a repatriation

5 commission, to use the summaries and the inventories

6 that were received from institutions to develop a

7 database that would help open dialogue with museums

8 about the collections and possible repatriations.

9 They were also charged with developing a repatriation

10 manual that would help organize and provide some

11 process for people to begin to follow as they learned

12 the NAGPRA process and set forth some of the

13 procedures for consultations and eventual

14 repatriations in our region.

15 In 1998, the Aleutian/Pribolof Islands

16 Association organized the cultural heritage program

17 that I direct. It was the first regional cultural

18 heritage program to be developed for the people of

19 the Aleutian and Pribolof Islands. And I was hired

20 straight out of the basement of the University of

21 Alaska Museum to go to Anchorage and start this

22 program, so it’s a fledgling cultural heritage

23 program.

24 And one of the first things that we were charged

25 with was trying to revitalize repatriation efforts in

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 120

1 the region, as well as revitalizing language. The

2 Aleut language has less than 200 speakers, 200 fluent

3 speakers. And there are about 3,000 Aleuts from the

4 Aleutian and Pribolof Islands regions. So 200 is not

5 a very significant number when you’re trying to help

6 a language survive, as well as trying to operate

7 many, many other programs to revitalize cultural

8 traditions in our region.

9 So one of the first things that I did was sit

10 down with the tribes and try to find out when people

11 call the office and say okay, now that you’re there,

12 when is our stuff going to come home? And, people

13 actually called me and asked me that question. I

14 said, well, that requires some work on our part and

15 that requires a lot of work with museums, and I think

16 we need to get started. So one of the first things

17 that we did was hold a workshop, a one-day workshop

18 and I rounded up some funds to bring people in from

19 throughout our region just to have a preliminary

20 overview of NAGPRA. Like I said, there was some

21 training in Unalaska in ’96 but no formal training

22 beyond that. And so people needed an introduction,

23 what does this law really mean, what does the other

24 law that relates to repatriation, the NMAI Act,

25 because we really felt that people needed that

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 121

1 introduction before they really made the commitment

2 to go forward with this tremendous amount of work

3 that it would take.

4 Subsequent to that, I was asked by the

5 Qawalangin Tribe of Unalaska to revitalize the

6 repatriation grant that they received in 1996, and we

7 worked — I immediately called Tim McKeown’s office in

8 DC and said how do we revitalize this grant that’s

9 been languishing due to, you know, this fact that

10 there — there were just not enough staff funds

11 available to hire staff and to implement the grant

12 and how do we do this?

13 And so through negotiations with that office and

14 negotiations with the Qawalangin Tribe, we began work

15 immediately to try to complete the work that was set

16 out in that grant and to that effort we’ve had two

17 regional repatriation meetings that have — the result

18 is that we have an organized repatriation commission

19 in our region. The commission office is — I am the

20 regional repatriation coordinator and the regional

21 repatriation office is backed up by tribal

22 resolutions and resolutions from the village

23 corporation and the Aleut Corporation, which is our

24 regional corporation. And so we have a — and our

25 mission is to try to implement NAGPRA, organize a

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 122

1 commission, open dialog with museums, and to make a

2 very extensive database from which we can begin to

3 figure out how material might come back to Alaska.

4 We — the first meeting that we had in March of

5 1999 was basically an education and planning meeting.

6 We were very, very, very lucky to have Tim McKeown

7 come to Alaska and work to directly train people in

8 NAGPRA. We also had two people from the

9 Smithsonian’s repatriation office at the National

10 Museum of Natural History come and make a

11 presentation about repatriation through the

12 Smithsonian Institution.

13 And then we invited people like Vera Metcalf,

14 John Johnson, and Cheryl Eldemar to come and talk

15 with the tribal representatives and village

16 representatives from our region about how other

17 Alaska Native groups have organized repatriation in

18 their region. And we were tremendously guided by the

19 material that they brought, all the questions that

20 they answered, the procedures manuals that they

21 brought, the resolutions — samples of resolutions and

22 their own repatriation manuals. And that really

23 provided the impetus that we needed to then turn

24 around and say, okay, now how do we — now that you’ve

25 had a chance to speak with other people how would you

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 123

1 like to see this operate in the Aleutian and Pribolof

2 Islands region?

3 We had a meeting just last September in which we

4 organized the structure of our repatriation

5 commission. We have one representative from the

6 Aleut Corporation and then we have one representative

7 from each of the communities who represents both the

8 tribal government and the village corporation. And

9 so all the voices from our region can be represented

10 at the table which is what we critically believed was

11 important.

12 We put together the first — the second draft of

13 our repatriation manual. At the first meeting we sat

14 down and tried to discuss what elements of a

15 repatriation manual were important things that we

16 needed to ask, knowledge that we needed to try to

17 gain, and then at the second meeting we sat down and

18 went through that repatriation manual item by item.

19 And the second draft is being reviewed by the members

20 of the repatriation commission.

21 We came up with a future plan for what we would

22 like to do. We reviewed the preliminary database,

23 extremely preliminary database that I was able to put

24 together from the limited amount of information that

25 we have from institutions that hold Aleut material.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 124

1 And we went to the Anchorage Museum of History and

2 Art to do a sort of mock consultation to just to get

3 people used to being in museums, to talk to curators,

4 to look at how collections are stored, the kind of

5 records that may or may not exist in an institution.

6 We were also very, very lucky last March to have

7 the same kind of mock consultation at the National

8 Museum of Natural History at the Smithsonian when we

9 were there for the opening for a very small but

10 highly important Aleut exhibit that’s in Washington

11 DC now. And we were very, very fortunate that Tom

12 Killion and — I’m sorry, my brain has gone completely

13 blank — helped us organize that meeting and make that

14 information — we wanted the same sort of introduction

15 to documents and objects and that sort of thing. And

16 it was the same time many of those objects had heard

17 Aleut spoken and that was an amazingly powerful

18 experience for all of us.

19 We have not had any formal repatriations in our

20 region. We had the return of an Aleut mask which

21 made the front page of the New York Times, and we

22 were all over the press with the Aleutian and

23 Pribolof Islands’ protest of the sale of a burial

24 mask at Sotheby’s which we were very successful in

25 the protest. The mask was subsequently purchased and

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 125

1 then donated to the Aleutian and Pribolof Islands

2 Association.

3 And last October at the Alaska Federation of

4 Natives Convention, we put the mask on display at the

5 Anchorage Museum of History and Art so that it’s

6 accessible to as many Aleut people as possible and

7 then available for all Alaska Natives and for non-

8 Native people to come and learn and enjoy. And we

9 believe that we’d put it on display through

10 consultation with elders and religious leaders, and

11 they believed that it was truly by having this mask

12 on display it was a significant way to teach others

13 about Aleuts and to protest the holding of those

14 sacred objects in private collections that are not

15 accessible to Aleut people or Native people whose

16 other material is held.

17 Our priorities at present are to begin

18 negotiations with institutions for the return of

19 ancestral human remains and funerary objects. The —

20 we hope that many of the materials can be reburied at

21 the sites from which they were removed. This will

22 require a tremendous amount of research because many

23 of the records are not as thorough as we would like,

24 so in some ways it will be very exciting. We’ll be

25 reading back through logs to find out where

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 126

1 collectors might have been, when they were with

2 collecting expeditions or with the Alaska commercial

3 company where they may have purchased material or

4 what islands they may have been on and had the

5 opportunity to then remove material from burial caves

6 or archeological sites.

7 We hope that — and then we’ll have to negotiate

8 very seriously with the Fish and Wildlife Service to

9 return those objects to the land. Fish and Wildlife

10 is more than willing to return objects, have them

11 reburied on archeological sites. The problem is

12 access, and if you look at this map, you can see that

13 it’s a long way from the airport in Anchorage to some

14 of these archeological sites, and the vast majority

15 of them are only accessible by . And the Fish

16 and Wildlife has the only boat in the Aleutian and

17 Pribolof Islands region that has a — other than the

18 Aleut people who are all busy commercial in

19 the summertime, and therefore their are not

20 available to us. The Fish and Wildlife has the only

21 boat that we may be able to use to get back to some

22 of these sites.

23 I was recently discussing access to the islands

24 with the Coast Guard, and they were trying to — we

25 may have some opportunities for returning materials

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 127

1 there when they’re running training missions in the

2 far western Aleutians, when they go to do Bering Sea

3 drift net observations. So we may have some other

4 opportunities for those kinds of returns.

5 Our other priority is the identification of

6 sacred objects and objects of cultural patrimony.

7 The approach that we are taking is to work with the

8 traditional religious leaders, who are the Russian

9 Orthodox priests in the Aleutian and Pribolof Islands

10 region. There are six Russian Orthodox priests who

11 serve the churches in our communities. Four of those

12 priests are Aleut priests. And then we will also

13 work with the Bishop and possibly the Metropolitan of

14 the Russian Orthodox Church of Canada and America to

15 identify sacred objects. And we plan to bring

16 together a team of priests and the bishop and elders

17 who can help us identify and document objects of

18 cultural patrimony and help us identify and describe

19 the protocols that will be necessary for making a

20 claim to those objects and the protocols that we will

21 need to maintain those objects when they are returned

22 to the communities of their origin.

23 The repatriation challenges that we basically

24 face in our region are distance, the tremendous

25 amount of money that it costs to have people travel

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 128

1 outside of our region. Just to get to Anchorage

2 alone, most of the tickets are $800 or more. Travel

3 is tremendously difficult because of weather

4 conditions. The US Coastal pilot says that we have

5 the worst weather in the world, and anybody who has

6 ever traveled there will definitely attest to this

7 fact. Those of us that have slept on the floor of

8 many of the airports in our region will understand

9 that this is very true.

10 We applied for a NAGPRA grant earlier this year

11 in which I proposed taking all of the members of our

12 repatriation commission to Boston for training in

13 August, and the budget to get those people from the

14 communities all the way to Boston and back was

15 $40,000, and that was for a seven-day trip. So we

16 promptly revised that application and said, how about

17 if we hold this training seminar in Anchorage and

18 then we can invite other people from Alaska to it.

19 We figured that it was a much more economically

20 feasible approach than shipping everybody outside.

21 And those are some of the challenges that we face.

22 Many of our communities, the planes — one of our

23 communities is only served by a plane once a week.

24 Some of our communities there are just planes twice a

25 week. The weather prohibits travel. One of our

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 129

1 communities did not have a plane this past summer for

2 28 days, and that means not only do they not get mail

3 but they don’t get groceries. And so it’s a

4 significant impact upon the work. It’s going to take

5 us a tremendous amount of time when we get about to

6 returning materials back to the islands and the

7 communities to try to negotiate just the return

8 alone.

9 The other challenges that we face are that the

10 institutions are extremely remote and coordinating

11 the information from those institutions back to our

12 communities, a lot of times institutions will say,

13 well, you know, we have things on our internet, on

14 our web site, or we can send it to you on a disk.

15 Well, we are not — we don’t have that kind of

16 technology in the villages. Some of the villages

17 don’t have internet connections in the village

18 offices. They may have it in the schools, but they

19 don’t have it in the villages. They don’t have it in

20 the tribal governments. The technology is so diverse

21 for sending that information out electronically that

22 it really isn’t an effective way of dispersing

23 information. So we have to go back to the standard

24 Xerox machine and black and white photograph which we

25 believe is a little more effective in our case.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 130

1 I have a very real concern, and I wish to echo

2 Gary’s sentiment, that the restructuring of the

3 office in which Tim McKeown serves. Over the last

4 two years that I have been actively involved in

5 repatriation in our region, I have turned time and

6 time and time again to that office for advice and

7 guidance and just general assistance, and the thought

8 that we may not have anyone to turn to to provide

9 that guidance is going to make this job incredibly —

10 it’s hard enough as it is to go into institutions and

11 see this material and try to work with elders who

12 have lost so much of their past. It’s hard enough to

13 face those challenges without having anyone upon

14 which you can rely to give you straightforward advice

15 and helpful advice and thoughtful advice.

16 And that is a major concern for our region and

17 I’m sure for many of the people in this room, because

18 all of us are still struggling with how we make this

19 work. And in the Aleutian region, we are taking baby

20 steps to try to make it work, and we need the support

21 and the guidance that we get from that office. Thank

22 you.

23 MARTIN SULLIVAN: Great. Thank you very much.

24 Tessie.

25 TESSIE NARANJO: A comment, Allison. It’s good

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 131

1 to match face and voice. I talked to you by phone in

2 spring of 1998 when you were expressing an interest

3 in coming down to my area Santa Fe for a cultural

4 conference that included language and repatriation,

5 and it was at that time also that Tim was involved in

6 two repatriation workshops. So I knew you before. I

7 knew the voice but now I know the face. Thanks,

8 Allison.

9 MARTIN SULLIVAN: Yes, Vera.

10 VERA METCALF: I have a quick question for you,

11 Allison. You mentioned the repatriation commission.

12 You have a commission. How is that funded, or is

13 that supported from the corporation?

14 ALLISON YOUNG: It was funded until September,

15 the end of the fiscal year in 1999 through the grant

16 that the Qawalangin Tribe of Unalaska received. At

17 the moment it is not funded by any other funds than

18 the funds I have in the cultural heritage program at

19 the Aleutian/Pribolof Islands Association, which do

20 not allow us to have regional, face-to-face meetings.

21 And the teleconference meetings that we have been

22 able to have usually run about $250 a piece, so I

23 have an extremely limited budget for those

24 teleconferences. We have had one — we have had two

25 so far, and I hope to have several more, but the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 132

1 budget is getting a little tight for those sorts of

2 things.

3 We have applied for two NAGPRA grants to

4 continue the work in our region, one for research and

5 one for — one for research and documentation and one

6 for training for people to attend the training that’s

7 offered through the University of Nevada, Reno. But

8 at the moment there aren’t any other funds available.

9 And I’m thinking about just taking up bank robbing in

10 order to support the cultural heritage program,

11 because I think it’s the only way I’m going to get

12 some serious funds to do it. So if you see me on the

13 evening news, you’ll know that I’m a criminal and not

14 a repatriation coordinator anymore.

15 MARTIN SULLIVAN: Thank you very much, Allison.

16 We’ll break now for lunch. It’s almost 12:20.

17 Committee members, can we resume at 1:30 or not?

18 TESSIE NARANJO: He wanted to say something.

19 MARTIN SULLIVAN: Oh, I’m sorry. Armand.

20 ARMAND MINTHORN: I just had one question for

21 Gary Selinger, while you’re still here. Is your

22 university doing work for the Forest Service?

23 GARY SELINGER: We are the repository for the

24 Forest Service collections. So if an archeologist

25 gets a permit from the Forest Service to do an

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 133

1 excavation on Forest Service land, when the research

2 is done that material comes to our museum for

3 protection in perpetuity.

4 MARTIN SULLIVAN: Thank you, and for those whom

5 we haven’t had the opportunity to hear from yet, we

6 will continue as soon as we resume and finish off the

7 list of presenters that was scheduled.

8 I’ve had one request from Lawrence that we

9 resume at 1:45 instead of 1:30. How do committee

10 members feel? Is that all right? 1:45 it will be.

11 Thank you.

12 LUNCH

13 IMPLEMENTATION OF THE STATUTE IN ALASKA

14 MARTIN SULLIVAN: We’re going to resume with our

15 afternoon session and we’re apologetic for being a

16 little late in getting started. As I said earlier,

17 we want to be very sure that all of the individuals

18 who are listed for testimony regarding implementation

19 of NAGPRA here in Alaska have time to do so, and we

20 will arrange it this afternoon to make sure that

21 that’s the case.

22 The next person on our schedule to hear from is

23 Fredrick Anderson of the Native Village of Naknek.

24 Mr. Anderson, are you here? Good afternoon.

25 FREDRICK ANDERSON

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 134

1 FREDRICK ANDERSON: My name is Fredrick

2 Anderson. I’m from Naknek, Alaska. I’m an Aleut.

3 Naknek is a village about 300 air miles from

4 Anchorage. We’re located on the last peninsula at

5 Bristol Bay. I traveled about 800 miles to get here.

6 I’m a former tribal council board member of six

7 years, and I’m an enrolled member in the Naknek

8 Native Village council, a Federally recognized tribe.

9 I’ve also served as a representative and spokesman

10 for my tribe on the Alaska Intertribal Council and as

11 the Bristol Bay Region’s elective representative on

12 the AITC executive council. The AITC, Alaska

13 Intertribal Council, is the largest tribally elected

14 council in Alaska and represents Native people at the

15 grassroots level.

16 I have served these last six years as my tribe’s

17 repatriation chairman for a committee of one, me.

18 During my short tenure as the project director, I

19 have had a large turnover in administration. I have

20 worked under nine different administrative personnel.

21 I have been the only constant, as a part-time,

22 temporary employee. I was interested in artifacts

23 and Native spiritual objects well before I became

24 involved with NAGPRA for some 25 years. My private

25 research resume was used to secure the NAGPRA grant.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 135

1 I didn’t plan on applying to be the project

2 director for this NAGPRA project but only did so when

3 I realized that the information and knowledge

4 gathered would leave my area in the mind of an

5 outside anthropology student. The major fieldwork at

6 the site of concern, Paug-Vik, was done in 1985 on

7 the Naknek River, with some follow-up work in 1961

8 and ’73.

9 I have been working on the NAGPRA project for

10 about one year, and as in my past I have truly

11 enjoyed the research and discovery. My greatest

12 dilemma so far, with the exception of local politics,

13 has been in finding two enrolled elder members of my

14 tribe who are physically able to travel to the

15 museums with me to identify our objects and spiritual

16 pieces. I did an exhaustive search throughout my

17 region and throughout the state. I must also mention

18 that one of my biggest problems has been the

19 vagueness of inventories that come from museums.

20 The person that helped me in NAGPRA Washington

21 has been Tom Ball. He suggested that since I

22 couldn’t find two qualified elders to travel, to

23 purchase a video camera to document the collections

24 in my travels, which I will then present to my elders

25 upon my return. It has recently grown more difficult

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 136

1 because we have lost one of our most knowledgeable

2 elder males. I have also experienced awkward and

3 frustrating intertribal politics, which I will not go

4 into, which prevented me from including elders from

5 other tribes.

6 I’m trying to avoid speaking too much about the

7 politics involved in this project that is both

8 spiritual and sensitive. I have gathered and I am

9 compiling NAGPRA research information and have gotten

10 a commitment from my council to include a library

11 research area in our new tribal building. I feel it

12 is important that the information I gather be

13 available for study in a respectful place. My video

14 documentation will also be available to students and

15 other interested parties in the culture of our area.

16 The subject of human remains has always been a

17 very sensitive one for me, and I believe Native

18 people have a different and a special relationship

19 with the skeletal remains of our people. I have been

20 shown human remains stored in boxes with index

21 numbers on them. These boxes are opened to reveal

22 human remains with little square holes cut in them

23 where samples were taken out with identified small

24 numbers and black letters written permanently on the

25 bones. That act in itself brings deep thought and

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 137

1 haunts me.

2 I’m also deeply concerned about the final

3 treatment of our ancestral remains when they’re

4 finally returned to our tribes. I strongly believe

5 the remains should be treated with the greatest

6 respect and be given a proper Native spiritual

7 ceremony. It would be a final irony and a blasphemy

8 for the ancestral remains to be treated by European

9 and Russian religions, especially if that particular

10 religion was instrumental in oppressing the very

11 people they’re blessing, and especially those

12 religions that suppressed and forbid the Native

13 people from living their spiritual lifestyles since

14 contact.

15 So I strongly urge tribes in this gathering to

16 do the proper thing, the proper Native ceremony for

17 your people, their final interment, do so out of

18 respect for their feelings and the very context with

19 the lifestyle and the spiritualism of their lives

20 that is the context. I speak as an enrolled member

21 of my tribal council. I speak as a member of the

22 Aleut Corporation and also as a Sealaska member and a

23 voting member.

24 In closing I would like to thank Tim McKeown,

25 Laura Mahoney, Tom Ball of Washington, who have

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 138

1 helped me through this complicated startup period and

2 always being supportive and knowledgeable. I also

3 want to thank Gary Selinger of Fairbanks for his

4 patience and his knowledge throughout this project.

5 Thank you.

6 MARTIN SULLIVAN: Thank you, Mr. Anderson.

7 Questions or comments from anyone? We really

8 appreciate your coming to be with us. Thank you.

9 We’ll next hear from Rosita Worl on behalf of

10 the Sealaska Heritage Foundation.

11 ROSITA WORL

12 ROSITA WORL: Mr. Chairman, members of the

13 NAGPRA committee, Dr. Robbins, Dr. McKeown. Thank

14 you for the opportunity to address the committee.

15 For the record, my name is Rosita Worl. I serve on

16 the board of directors of Sealaska Corporation, which

17 is a recognized tribe for special statutory purposes

18 in over 100 legislative acts, including the Native

19 American Graves Protection and Repatriation Act.

20 Sealaska is a corporation which holds title to a

21 portion of our aboriginal land base in southeast

22 Alaska. We have approximately 30,000 Natives who are

23 shareholders and descendants. Sealaska is unlike

24 other corporations in that we maintain a major focus

25 and dedicate a significant portion of our annual

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 139

1 budget to the educational, social and cultural

2 interests of our people. Sealaska also provides a

3 significant portion of the Sealaska Heritage

4 Foundation’s administrative budget, and of which I

5 serve as president. The mission of the foundation is

6 to perpetuate and enhance the Tlingit, Haida and

7 Tsimpshian cultures of southeast Alaska.

8 We have viewed NAGPRA as holding great promise

9 for Indian people and cultures and we commend those

10 who have dedicated themselves to the implementation

11 of this Act. We are especially gratified for the

12 commitment made by the members of this committee, who

13 have demonstrated a fair and reasonable approach to

14 its implementation and who have earnestly sought

15 reconciliation to the competing views that are

16 associated with the implementation of NAGPRA.

17 However, I believe it would be fair to state that we

18 all realize that improvements to the law and its

19 implementation process can be made. It is thus with

20 due respect that I outline some of my concerns with

21 the implementation of NAGPRA.

22 The first deals with the yeilsheishoox or raven

23 rattle identified by the Taylor Museum as number

24 5034. The raven rattle was in the possession of the

25 Taylor Museum for Southwestern Studies of the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 140

1 Colorado Springs Fine Arts Center as of November 18th,

2 1993. The Central Council of Tlingit and Haida

3 Indians of Alaska filed a repatriation claim for the

4 subject rattle on October 27th, 1995. We were advised

5 by the Taylor Museum that they were no longer in

6 possession of the raven rattle.

7 Without going into a lengthy review of the

8 museum’s disposition of the rattle, its purchase by a

9 collector, its attempted sale to another museum, and

10 the ensuing investigation of these questionable

11 circumstances, we were ultimately advised that the

12 United States attorney in Denver had referred this

13 issue to the National Park Service for possible civil

14 penalty. We are concerned that this case, which is

15 in its fifth year, nothing has been done since the

16 Park Service received the referral by the United

17 States Attorney’s office. I am particularly

18 concerned about a statute of limitation.

19 I would respectfully and formally request that

20 the committee place this issue on its action list and

21 request that the National Park Service take whatever

22 measures are necessary to ensure first that the time

23 period does not lapse to pursue a possible civil

24 penalty and resolution of this issue. The integrity

25 of this Federal law must be ensured. Insofar as the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 141

1 rattle itself, a number of things have happened which

2 makes it clear to us that the spirit of the

3 yeilsheishoox wants to come home.

4 On April 20th, 1999, I testified before the US

5 Senate Committee on Indian Affairs Oversight

6 Hearings. I offered a number of recommendations

7 which I believe are of interest to this committee.

8 One of those recommendations included the placement

9 of the NAGPRA program in another administering agency

10 that would not have the inherent conflict of interest

11 which exists in the office of chief archeologist

12 within the National Park Service. I concur and

13 support the resolution of the National Congress of

14 American Indians that recommends placing the NAGPRA

15 program in a neutral office and identified the OMB

16 office.

17 Despite the reshuffling of personnel, of which

18 we were apprised yesterday, the conflict has not been

19 resolved. I believe my position is affirmed by

20 yesterday’s response from a regional Park Service

21 agency to the committee in which it declined to

22 accept the recommendations offered by this committee

23 in the Chaco Culture National Historic Park issue.

24 This refusal, together with an apparent lack of

25 response and action by the central office to resolve

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 142

1 the issue, makes it clear in my mind that a conflict

2 of interest exists.

3 I think it is even now of greater importance

4 that this issue be resolved since the conflict of

5 interest now entails the standing of the NAGPRA

6 committee itself. As we well know, the committee was

7 created by Congress and has specific authorities,

8 including facilitating the resolution of any disputes

9 among Indian tribes and Federal agencies. If we

10 cannot come to the NAGPRA committee and believe that

11 the NAGPRA committee has certain kinds of

12 authorities, then the whole question of the validity

13 of the law, in my opinion, is at stake and so this

14 issue must be resolved.

15 I would also note for the record my concern that

16 the personnel shifts noted yesterday will cause

17 further backlogs, delays and inefficiencies in the

18 implementation of NAGPRA, and I think that the

19 committee must look at this very carefully. I think

20 that it goes beyond personnel. I think it is a

21 policy issue that will have impact on your work and

22 the work of NAGPRA, and thus, I think that the

23 committee must become closely involved with this

24 issue.

25 I also made another recommendation to Congress

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 143

1 to amend NAGPRA to allow for the prompt reburial of

2 culturally unidentifiable human remains. I would

3 note a major difference between Native Americans and

4 the larger American society. Most Native Americans

5 believe in a duality of spirit in which the spirit

6 resides both with the human remain and the other part

7 travels to a land of the dead, wherever that may be.

8 And this is unlike most Western beliefs where when

9 someone dies their spirit goes to Heaven or other

10 places. This is why we are insistent that all Native

11 American human remains be returned to the tribes.

12 I would request that all our culturally

13 unidentifiable human remains be reburied in the same

14 way that our country has honored and buried all

15 unidentifiable human remains of military personnel

16 and so rightly symbolized by the Unknown Soldier. I

17 believe that the unknown Native American human

18 remains deserve the same treatment and respect.

19 Thank you for allowing me the opportunity to

20 express my comments and recommendations, and again,

21 thank you for coming to Alaska and I want to invite

22 you back again.

23 MARTIN SULLIVAN: Thank you so much.

24 Comments or questions from committee members?

25 We’ll start with Vera.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 144

1 VERA METCALF: Thanks, Rosita. I also want to

2 welcome my colleagues here to Alaska and thanks for

3 hosting us here. I have a question for you. Have

4 you received any results or any update on your

5 recommendations on amending NAGPRA or restructuring

6 or reorganization or the conflict of interest that

7 you mentioned, any response back from those that

8 contacted?

9 ROSITA WORL: No. I haven’t personally, and I

10 guess I was somewhat surprised that the largest

11 Indian organization in the country hadn’t received a

12 response either. But my understanding was that the

13 things that happened yesterday in terms of the report

14 that the reshuffling of personnel or those other

15 kinds of things where it was supposed to be the

16 response to that issue. I may be mistaken in that.

17 MARTIN SULLIVAN: Could I ask with respect to

18 your recommendation to us that we add to our action

19 list the potential concerns about statute of

20 limitations running out on the Park Service’s

21 scrutiny. There have been some proceedings in court

22 already, is that right? And where do things stand

23 with that particularly?

24 ROSITA WORL: My understanding is that it is now

25 resting in Park Service and that Park Service has to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 145

1 initiate the next action.

2 MARTIN SULLIVAN: Okay. Could I ask Tim or John

3 to brief us on — anybody who knows the status?

4 Carla?

5 JOHN ROBBINS: Nothing has happened.

6 MARTIN SULLIVAN: So nothing has happened?

7 JOHN ROBBINS: It has been referred from Justice

8 to the Park Service, but at this time nothing has

9 happened.

10 MARTIN SULLIVAN: Are there — does the Taylor

11 Museum or any other entity have a claim in for it?

12 ROSITA WORL: We submitted a repatriation claim.

13 MARTIN SULLIVAN: So you have your claim.

14 ROSITA WORL: Yes. Yes.

15 CARLA MATTIX: Are you asking if someone has

16 submitted a request to —

17 MARTIN SULLIVAN: Well, I guess the real

18 question, Carla, is regardless of the statute of

19 limitations, if the raven rattle is in the custody of

20 the Park Service where is it headed? It’s not going

21 to stay there.

22 CARLA MATTIX: I don’t believe it’s in the

23 custody —

24 JOHN O'SHEA: It’s not in their custody.

25 CARLA MATTIX: It’s not in the custody of the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 146

1 Park Service. I believe Justice has referred or has

2 asked Interior to look into the possibility of doing

3 a civil penalty.

4 The status of where that object is is within the

5 Department of Justice’s jurisdiction or purview right

6 now. I don’t know what the status of that is, but

7 all I know is that Justice did ask us to look into a

8 civil penalty, the possibility for pursuing civil

9 penalties, but there has not been any kind of a

10 formal request to the Secretary to do a civil penalty

11 investigation. Does that answer your questions?

12 MARTIN SULLIVAN: Okay. Do members of the

13 committee want to comment on that?

14 Jim.

15 JAMES BRADLEY: What is the statute of

16 limitations? What kind of time interval are we

17 talking about? Carla, can you answer that please?

18 CARLA MATTIX: What was the question?

19 JAMES BRADLEY: What is the statute of

20 limitations in this particular case?

21 CARLA MATTIX: Again, we have to look at the

22 facts of the case and when it was made known to

23 individuals involved, and that’s when the statute

24 would start to run. I don’t know what the statute is

25 off the top of my head.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 147

1 MARTIN SULLIVAN: Okay. Just in the interests

2 of knowing that there will be some action, this

3 committee has been aware of this case for some time

4 and has had some concern about it. Unless there is

5 an objection, I would like to place on our follow-up

6 action list a briefing memo from the Park Service on

7 the current status and plans.

8 Other comments or questions?

9 Thank you very much.

10 ROSITA WORL: If I may once again invite the

11 committee, staff, and also all of the participants

12 here attending this conference, this meeting, I would

13 like on behalf of Sealaska Corporation and also Huna

14 Totem to invite you to a reception immediately

15 following today’s meeting over in the Sealaska

16 Building.

17 MARTIN SULLIVAN: Thank you very much.

18 The next presentation on behalf of the Hoonah

19 Indian Association and the Huna Heritage Foundation,

20 Mr. Ken Grant, Mr. Ron Williams, and I think you may

21 have some other folks with you.

22 RON WILLIAMS

23 RON WILLIAMS: Thank you, Mr. Chairman. I think

24 we have our act put together now. My name is Ron

25 Williams. I am the trustee with the Huna Heritage

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 148

1 Foundation. I’m also a trustee with the Snail House,

2 which is one of the houses that’s part of the

3 T’akdeintaan Clan of Hoonah. I’ve been asked by Adam

4 Greenwald, who is the head of the Snail House, to

5 represent him here today. We want to thank the

6 committee for this opportunity to voice our concern

7 on a repatriation petition that we submitted to the

8 University of Pennsylvania Museum for 39 objects, and

9 I think the latest petition now includes 45.

10 In the late winter of 1995, a representative

11 from the University of Pennsylvania Museum came to

12 Juneau and met with several of the Snail House

13 members and showed a video of Snail House objects.

14 There were 39 of them, and they were all identified

15 as Snail House objects. There was no question about

16 it that these were Snail House objects and they were

17 in compliance with NAGPRA as being objects that could

18 be repatriated. These were objects that were

19 obtained for the museum by Louis Shotridge.

20 We first submitted the first petition to the

21 museum September 1995, and then thereafter we

22 submitted four or five different addendums at the

23 request of the museum for additional information.

24 The latest one, which asked for whether or not these

25 objects were in compliance with NAGPRA or not, and

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 149

1 they had told us that they were and then they asked

2 if they were. And when we were — we felt that we had

3 been following the NAGPRA procedures and guidelines

4 and then after all these kinds of questions that the

5 Pennsylvania Museum was asking us that we wondered if

6 they were. And we wondered whether or not there’s a

7 standard that’s set up as to when is it time for them

8 to turn over these articles to us because they seem

9 to find different reasons for not doing so, and in

10 going over the rules and regulations that there

11 doesn’t seem to be a standard. There doesn’t seem to

12 be a cutoff. There doesn’t seem to be a deadline set

13 up for that. If there were I think we probably would

14 have had those objects by now, because it’s been five

15 years since the first petition.

16 As I said that originally there were 39 items,

17 and then as we went along we uncovered six more

18 items, which now there are 45 items that belong to

19 the Snail House people of Hoonah. We wondered about

20 their inventory, whether there are more or not and

21 whether it would be permissible for us to review

22 their records, whether or not, you know, we don’t

23 know whether that is permissible.

24 There’s also confusion on compliance, such as

25 deadlines, and also where can we go for help. If it

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 150

1 weren’t for Tim McKeown I think we wouldn’t have

2 gotten this far. We seemingly would have been kind

3 of floating around by ourselves. It boils down to

4 the University of Pennsylvania Museum and us. And it

5 doesn’t seem right, especially when there’s a Federal

6 law that’s supposed to protect our rights. Where

7 could we get technical assistance? Where is a good

8 place to do that? We don’t have any handle on that.

9 There must be somewhere we can go to get good

10 technical assistance or even where the University of

11 Pennsylvania could go to get technical assistance

12 that would go ahead and get them to move this stuff

13 over to our house.

14 We have a policy in the Snail House on all of

15 our articles, and we do have some articles and

16 artifacts that belong to us, and Adam Greenwald is

17 the caretaker of those articles. But we have quite a

18 concern about the storage of those articles. And we

19 do bring those out when protocol requires us to bring

20 all of those out. We’re concerned about storage for

21 fireproof and other environmental concerns, and we

22 did make a — apply for a grant to the National Park

23 Service when we listed that as one of the primary

24 items that we needed and our grant proposal was

25 denied.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 151

1 Once again, we appreciate your listening to us,

2 and hopefully we can have a resolve on this very

3 shortly. We did jointly with the Hoonah Indian

4 Association write a letter to the University of

5 Pennsylvania asking them when would be a good time

6 for us to visit them this summer. It’s been three

7 weeks and we haven’t heard a word from them yet.

8 Again, we’re talking about deadlines and they don’t

9 seem to have that problem of a deadline. I thought

10 we had Indian time. Thank you, Mr. Chairman and

11 members of the committee.

12 KENNETH GRANT

13 KENNETH GRANT: Thank you, Mr. Chairman, members

14 of the committee. My Christian name is Kenneth

15 Grant. I am the president of the Hoonah Indian

16 Association, a Federally recognized tribe located on

17 Chichagof Island, about 20 minutes as LAB flies or

18 wings flies from here, about southwest of here. We

19 have about 600 members registered in the Hoonah

20 Indian Association. I’m not going to go into great

21 detail about Hoonah, but there are four of the

22 original clans that were in that area on the first

23 contact with Europeans. The names are Kaagwaantaan,

24 which is the Wolf Clan, the Chookaneidi were the

25 Glacier Bay people. I think theirs was the bear.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 152

1 The Wooshkeetaan were the Shark Clans, and the

2 T’akdeintaan. And we do have other clans in our area

3 now that are recognized and very much a part of the

4 community.

5 I’d like to address some of those that are

6 sitting here and listening, too. I know I have my

7 father’s people out there, the Kaagwaantaan, and

8 others, the Chookaneidi, the Wooshkeetaans,

9 Shungookeidee. I want to recognize you. (Native

10 Alaskan language.)

11 I addressed my opposite lineage, which is what

12 we do. We recognize our opposite lineage. I

13 respectfully addressed them and I asked forgiveness

14 if I say anything here that might offend them. I

15 think what is most important here is that we bring

16 back the objects, bring back our ancestral objects.

17 The Hoonah Indian Association has been involved

18 with repatriation for some time. Our first

19 repatriated item, object, was remains of a

20 Wooshkeetaan that was within the Glacier Bay National

21 Park Boundaries, and I can’t remember the exact year,

22 but it was about four or five years ago. This object

23 was one of the objects that was collected by

24 Dr. Ackerman, Robert Ackerman from Washington State

25 University. These are only a portion of what

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 153

1 Ackerman had collected years ago, and I might add

2 that I do have questions regarding the area in which

3 the objects were collected from. He was under

4 contract with the Park Service to do some digs,

5 archeological digs, but he went outside the park

6 boundaries and collected the items from Tongass

7 National Forest areas, but he was gracious enough to

8 release the human remains and also associated

9 funerary objects. But we were able to repatriate the

10 human remains and the objects and we also returned

11 the remains from the location that it was collected

12 from.

13 The next object that we were a part of was by

14 Swanson Harbor Jim, I mean, the remains of Swanson

15 Harbor Jim. This was done just recently, last year,

16 in fact. Last year I addressed the Smithsonian

17 committee on repatriation, expressing my concern for

18 the collection of items in which a human body had

19 been separated, in which one was kept in a museum and

20 the other portion was lost. A portion that we

21 repatriated was returned to our original homeland in

22 Swanson Harbor, which is where the T’akdeintaans come

23 from.

24 And I ask Richard Dalton if I make a mistake,

25 forgive me. He is my brother and clan leader,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 154

1 Mr. Dalton. Is he here? Just raise your hand,

2 Richard. Just raise your hand. He’s our clan leader

3 and was very instrumental in the return of Swanson

4 Harbor Jim. It might interest you that Swanson

5 Harbor was the homeland of the T’akdeintaan Clan of

6 which I am a member of and also Ron sitting beside me

7 here and I have got some brothers back here.

8 The next item we repatriated was the eagle hat.

9 It belonged to the Kaagwaantaan Clan. It came from

10 the Denver Museum of Natural History. And I would

11 like to commend the Denver Museum of Natural History

12 for their sensitivity. I think they handled it very

13 well and were very receptive to our claim. And I

14 heard someone say earlier that the wheels turn very

15 slowly, and I agree. They turned very slow for us.

16 But the Denver Museum was able to release the hat to

17 us technically on a loan basis, pending the Federal

18 Register requirement.

19 We were told that the Federal Register

20 requirement would take at least a year before they

21 could officially transfer title to the hat, but

22 knowing how urgent that it was for our Kaagwaantaan

23 Clan to receive the hat, they went ahead and we

24 signed a loan paper in which they released the object

25 to Hoonah Indian Association. And if everything goes

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 155

1 well, next year during the time of potlatches Denver

2 Museum will come up and they will officially transfer

3 the title to Hoonah Indian Association and we in turn

4 will transfer it to the Kaagwaantaan Clan.

5 You’ve heard Brother Ronald here talk about the

6 Snail House objects at the Pennsylvania Museum. Just

7 a side bar to Snail House for other people that are

8 listening out there, the Snail House is one of the

9 names that it is known by. The real name is

10 Mt. Fairweather House. Tsulxaan Hit is the real

11 name. And the house that I come from is a sub-unit

12 of Tsulxaan Hit. The house I come from comes from

13 under Mt. Fairweather. It is called Gaanxaa Hit.

14 And my mothers, I call them my mothers, have made me

15 their spokesman during the potlatches.

16 I would like to comment on the objects that are

17 in the museum. Last year Hoonah Indian Association

18 took an elder, and I’m only a pre-elder, but they did

19 consider me an elder too, so we went east and we

20 observed the American Museum of Natural History in

21 New York City and very frankly I was appalled at what

22 I saw. I was overwhelmed of what I saw. Our whole

23 culture, the very objects that we hold with great

24 pride were sitting there in a museum, and we wonder

25 why our clans are weak today. It was a manifestation

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 156

1 when I saw it. It was just overwhelming. And then

2 we went — the New York Museum of Natural History was

3 very, very receptive, very cooperative. We didn’t

4 receive any ill treatment. I would like to commend

5 them, too. But we haven’t begun to repatriate

6 specific items yet, but I know there are many objects

7 there that are repatriatable. And then we went over

8 to the Field Museum where we met the same

9 overwhelming numbers of objects that belong to our

10 people.

11 From this experience there were a couple of

12 items that became very apparent. The first item that

13 I thought was counterproductive to us as a tribe and

14 for what we were there for was the fact that the

15 information at the time of acquisition was not

16 readily available. The field notes at the time of

17 accession or whatever the museum uses were not very

18 apparent. The names were very sketchy, the clans

19 were very sketchy, and many of the objects were

20 identified simply by having an elder there that

21 recognized the clan lineage and the emblems there.

22 And along with this we have found that — the

23 second point I wanted to make was that the

24 requirement that NAGPRA has for a preponderance of

25 evidence that the tribe has as a claimant is very

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 157

1 difficult to obtain in this time period that we’re in

2 because many of our elders are gone now, those that

3 really have firsthand knowledge of the objects, and

4 those that are present with us now have health

5 problems that make it very difficult to travel a

6 great distance in the amount of time and the walking

7 that you have to do to view the objects, and this is

8 another point that I found that was counterproductive

9 in the repatriation.

10 Another difficulty that we experienced is the

11 cost involved. Someone had mentioned earlier, but

12 before I close I would like to express the fact that

13 I have a very deep concern that if we don’t bring

14 these things back within a very short window, I know

15 we’ll lose a lot of our elders before they get to

16 view their objects again, and if there is any way

17 that you can speed up the process, I think it would

18 be very helpful to our culture in Alaska.

19 In closing, I’ve heard very many remarks made

20 regarding thanking Tim McKeown, and we chime in, too.

21 We thank him and we’d like to see if you’re

22 restructuring that you keep him in there. Thank you

23 very much.

24 MARTIN SULLIVAN: Thank you. Thank you both.

25 Committee members, start with Jim Bradley.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 158

1 JAMES BRADLEY: I want to thank you both for

2 your presentations, and it makes me a little ashamed

3 as a museum professional to think how we deprive you

4 of things that you need, and NAGPRA is one way in

5 which we can work together. There are certainly

6 others, so I hope museums will continue to work with

7 you and that you will be patient with us.

8 Just a comment, John, for you. I think

9 sometimes we think about the backlog and it’s this

10 sort of bureaucratic thing and a lot of numbers.

11 This is where the backlog really matters, you know,

12 where peoples’ lives are at stake, where the

13 continuity within community will be broken because

14 it’s going to take three years to get a notice

15 published. And when we are pushing to get the

16 backlog done, it’s because we’re being pushed and

17 rightfully so, so I hope you’ll take that back.

18 Tim, do you — can you give me an update on the U

19 Penn issue with these folks? Is this a dispute? Is

20 this a pending dispute? What is this, in your

21 estimation?

22 TIMOTHY MCKEOWN: I think the representatives

23 from Hoonah probably know it better than I do. And

24 if I might ask the question, has the university made

25 a decision on it? Have they decided to repatriate?

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 159

1 I don’t know that.

2 RON WILLIAMS: It seems like they have decided

3 not to repatriate with the number of roadblocks they

4 have put in front of us. I’m not sure what you’re

5 talking about when you’re talking about a dispute.

6 JAMES BRADLEY: Well, what I want to know is

7 where the problem is, and I think what I’m going to

8 do is John or Tim, can you — let’s put this on our

9 action list. I’d like to know from the Department’s

10 point of view, is the university museum in

11 compliance, have they met their obligations, where

12 are things stuck. These folks deserve an answer

13 back.

14 TIMOTHY MCKEOWN: I can check tonight to see if

15 we have a notice on it. I just don’t know that fact.

16 JAMES BRADLEY: All right. If you can do that.

17 RON WILLIAMS: A couple of items, if I may.

18 MARTIN SULLIVAN: Yes, sir.

19 RON WILLIAMS: One is in 1944 the town of Hoonah

20 burned, and at that time we lost a lot of these

21 articles, and these articles that we’re talking about

22 now left Hoonah prior to that fire. So the return of

23 these articles would be just tremendous for the

24 people of Hoonah. The other is the Hoonah Indian

25 Association has in plans building a museum. Now,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 160

1 some of these items that we’re talking about here are

2 still good for ceremonial uses and I think some of

3 the other items could be placed in the Hoonah Indian

4 Museum in Hoonah. So these two things tied together,

5 you know, it just makes — it would be wonderful if we

6 could get those items back.

7 KENNETH GRANT: Mr. Chairman, to follow up on

8 the question, a dispute was mentioned here, there was

9 competing claims. The gentleman sitting next to me,

10 my brother Ron, and the organization I represent had

11 issued competing claims to it, but we have recently

12 reconciled the dispute and we have joined forces now,

13 and we even use the same letterhead.

14 LAWRENCE HART: Very good.

15 MARTIN SULLIVAN: Questions from the committee?

16 I was going to ask about the objects that are

17 herein the room with us, the items that are here —

18 KENNETH GRANT: I think they’re going to follow

19 up on those.

20 MARTIN SULLIVAN: Okay. Thank you both very,

21 very much.

22 KENNETH GRANT: Thank you.

23 RON WILLIAMS: Thank you.

24 PATRICK MILLS

25 PATRICK MILLS: I would like to call the Mills

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 161

1 family to come forward please. I would like Matthew

2 Lawrence — not Matthew Lawrence, Frank O. Williams to

3 come forward please.

4 (Native Alaskan language.) I thank you all for

5 allowing us to stand here and display our deeds to

6 our house called the Snail House, the Mt. Fairweather

7 House. When this house was built — before I go into

8 this, I would like to acknowledge our clan elder,

9 Richard Dalton, Sr. Richard. Richard Dalton, Sr.,

10 has been our guidance for our clan for a while now

11 since Richard Shakely, Sr., died. My Tlingit name is

12 Skadúsa. I’m a T’akdeintaan man. I am also a child

13 of the Wooshkeetaan people, what is known as the

14 Sharks.

15 At a time when we talked about our regalia and

16 about this stuff here, we’re going to come to explain

17 it. But now first before we explain something about

18 the regalia here, I’m going to give a little story

19 about our family. As a young man in the ‘50s, very

20 young, I listened to my grandmother. She was always

21 giving us sage advice about our life, our culture,

22 and who we are. As a young man, it came she always

23 told us, this is where your family comes from. We

24 came down the Copper River. This is where we come

25 from.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 162

1 After the Copper River, we were Lituya Bay.

2 Before we were Lituya Bay, we were called Coho Clan.

3 Because there was a dispute among the Luknaxada

4 families, the T’akdeintaan was formed on an island in

5 Lituya Bay on the seaward side of the island is

6 called — it’s the name of our clan, T’akdeintaan.

7 This island is called Centopath Island today by

8 LaProuse when he lost his 18 men at the pass there,

9 when they were sucked out into the entrance. Those

10 of you who do not know Lituya Bay, that is just like

11 pulling the plug on a drain on a sink. And once you

12 start going that way toward the entrance, there’s no

13 turning back. Big motorboats have trouble going

14 through the pass, five fathoms, and when a southwest

15 is blowing you might as well stay home in the harbor.

16 Because Snail House was being built around the

17 ‘20s, this house we’re talking about today where this

18 stuff comes from was built at the same timeframe

19 Shotridge was taking regalia from Hoonah. Now, as

20 this raven — as this brass hat over here, this brass

21 hat is called a loon hat. I’m sure some of the Park

22 Service people saw the same identical brass hat in

23 the Museum of Pennsylvania. This brass hat was made

24 out of a cannon. We wanted to show people how rich

25 our family and our house was that we acquired their

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 163

1 weapons from them and we made a hat out of it. And

2 that’s how you do it. And the twin one is over there

3 at the University of Pennsylvania, the twin hat to

4 this brass one.

5 As you can see, this other hat, a red one, this

6 beautiful hat here, this hat was made by David

7 Williams, a Chookaneidi man from Hoonah, a master

8 carver whose work is in the Smithsonian, whose work

9 is everywhere, whose work is an integral part of the

10 Hoonah culture. This hat was made by David Williams.

11 At the time it was made, there was some talk about

12 how we were going to go back to being Coho people

13 again and we were going to come from T’akdeintaan

14 House, because we come from one Coho Clan, where this

15 is our what we call our grandmother’s hat when we

16 lived in Lituya Bay. And when our Uncle Shorty died

17 in 1957 there was a big fight over this hat with the

18 Coho people because they said it was their hat.

19 When we finally settled the claim, it turned out

20 it was our uncle’s hat, our grandmother’s brother,

21 Shorty Alexander Wilson. Now, because of that,

22 because of this, this other hat is called a

23 shakee.at, a thing on the head. This shakee.at has

24 the Raven history of the king salmon and the

25 grandchildren of the king salmon — I mean of the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 164

1 raven, his grandchildren. And there’s a story about

2 how the raven caught the king salmon and how he

3 tricked his grandchildren out of the king salmon, how

4 he ate the king salmon himself, how he called it in

5 from the water. (Native Alaskan language,) come

6 here, I can see you jumping out there. It’s a long

7 story.

8 There’s another — these other bears, these bears

9 that are surrounding the raven, because

10 Mt. Fairweather, Lituya Bay, our homeland, our

11 country, Mt. Fairweather House was surrounded by

12 bears all the time, bears all over, the roads and the

13 bear trails are wide as this because the bears dig on

14 both sides of the trail all the time to eat the

15 roots. I used to crab fish up there. I seen these

16 things. Because all these stuff that was handed down

17 from our great uncles down to the nephews, this is

18 why we stand here today.

19 This other blanket, this other blanket over

20 here, it’s another Lituya Bay blanket. The bears,

21 the people inside, as you can tell that our people,

22 our family had carried on our culture for a while.

23 I’m sorry that I didn’t get to bring a lot more

24 pictures. We still have stories told about all these

25 things by our grandmother on tape of Lituya Bay, of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 165

1 Snail House, of Head House, Kashaya Hit.

2 There’s many different things that were taught

3 today while we were taught. We were always taught by

4 our grandmother and our grandfathers and our

5 grandmothers and our aunties, if you don’t know who

6 you are, you won’t be able to defend yourself.

7 Everybody will do anything to you. In our Tlingit

8 way, sometimes we feel that Huna Heritage Foundation

9 does this to us. This is why they can’t get their

10 stuff right away because we’re standing there in

11 front of them, we’re standing there with this stuff,

12 this stuff, our deeds. We’re standing there with all

13 the names of all the people that ran the house.

14 Peter Hopkins was the original founder. Peter

15 Hopkins, his nephew, in a Tlingit way, Matthew

16 Lawrence stood up for Peter Hopkins. Matthew

17 Lawrence is our uncle. And I’d like to introduce you

18 to Matthew Lawrence’s true nephew here, Frank O.

19 Williams, Jr. This man here, he can sit here if he

20 wants to testify about it. And that’s one of the

21 house leaders here.

22 When the time that we talked about our rights,

23 we came across some artifacts in the museum in

24 Anchorage telling us who was in the house at the

25 time, 1928, 1933, when Shotridge was coming through.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 166

1 We connect ourself, our family here and here to that

2 time period, to the house. This is why we’re here

3 today. There isn’t anyone that paid our way into

4 town to come here. There’s no one that paid our way

5 to the Heritage Foundation workshops. We’re shunned

6 by the corporation because we have dual claim on the

7 same house as someone else, but we still hold our

8 deeds right here. These are the deeds. This man’s

9 name here is a high name in our house, Kochkuteh. He

10 composed a lot of songs.

11 I have a written history here of my family, but

12 I’m talking now because it’s the traditional Tlingit

13 way. The only thing I’m going wrong is I’m sitting

14 down. In order for me to respect my uncles and my

15 aunties, I should be standing up. I should be

16 standing here by my brother here, but I’m forced to

17 sit here. In our house we do not use the word

18 protocol. It’s respect that we use, and there’s only

19 one way you earn your respect, and that’s how it is,

20 you earn it. Nobody hands it out to you. Because we

21 feel strong about our culture, about our identity,

22 about who we are, that’s why we’re here. I would not

23 let someone stand up here and give my history for me

24 and say that this is their house, they let me speak

25 for them. (Native Alaskan language), that’s not the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 167

1 way.

2 Now, because we connect our time to the house in

3 the time period when Shotridge was here and we’re

4 still connected today. For a long time, in 1944, as

5 the gentleman here sat and said that Hoonah burned

6 down in 1944 or ’45 — I wasn’t born yet — that we

7 lost a lot of regalia. That’s why it was sad to see

8 the Angoon pictures this morning. But every year in

9 years and years after, after the town burned down in

10 Hoonah, a first class city was formed and an

11 anti-potlatch ordinance was passed, no more

12 potlatches in Hoonah, 1946. These stuff came out

13 every year after the potlatches were banned in

14 Hoonah. They came out and potlatched, all these

15 brothers, all these brothers. We didn’t pay

16 attention to the potlatch ordinance saying no more

17 potlatches in Hoonah. We stood up for who we were.

18 That’s why we still hang on to our stuff. That’s why

19 when we say where’s the stuff from the museum, we

20 kind of hang our heads a little bit.

21 We all know in Tlingit life when you say, chuk,

22 chuk, chuk, go away, chuk, chuk, don’t come back, go

23 away, don’t want you by me, the things will stay

24 away, and they never come back because the Tlingit

25 mind is so strong. They’ll say, I’ll show you. I

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 168

1 won’t be back. This is why my family sitting here

2 today, standing here, when it’s time to go to the

3 museum we would like to go down Eagles and Ravens

4 together. We would like the Eagles to help us, their

5 fathers, and in a Tlingit way, our children.

6 We cannot have our Tlingit Tribe and our society

7 without our fathers, without our grandfathers,

8 because if you don’t have your fathers and your

9 grandfathers on the other side of you there is no

10 balance, there is no balance in your life, and when

11 your balance is off center, your world spins in a

12 lopsided way, and it flips people off. It throws

13 them off as it’s turning. This is why we value our

14 culture. We value the way our uncles taught us. We

15 value the very ground we walk on. We value the food

16 that we eat. We go to our uncles’ places. After

17 they die we go back there again. We take their best

18 foods that they liked and we serve them at the

19 potlatches.

20 And not only do we have potlatches to pass on

21 our regalia, we have potlatches to give names off at

22 the same time, uncle, nephew, auntie to niece. This

23 is how our names stay in the houses, and this is why

24 many of us are still here from the same houses.

25 Because one of the house leaders was Archie White, my

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 169

1 nephew has his — my brother has his name. His name

2 is George. My brother George has his name. And Mike

3 Wilson, another house leader, Mike Mills, our other

4 brother, Senior, has his name.

5 And we also, because our moms and our dads were

6 married, my dad is a Wooshkeetaan man and because

7 they say birds of a feather flock together, they hang

8 together, Wooshkeetaans and their children. They all

9 hang together. So as a result of this, some of the

10 names in the Snail House, some of the names of the

11 other people, I have nine brothers, eight brothers,

12 nine counting me, are named for a lot of people in

13 the Snail House, one after another.

14 We have this blanket here, this Chilkat blanket

15 — when one of the house leaders — when the house

16 leader died, my grandmother’s brother married the

17 widow. In the Tlingit way, when you’re groomed to

18 take your uncle’s place, you’re taught, they pick you

19 out, they watch for the smart one. They pick you

20 out, they train you in the ways, they train you to be

21 Tlingit, to follow all the rules and laws of your

22 people. Because the house leader died, our uncle was

23 grooming — they were grooming him to take his place.

24 And this man, this house leader’s name was Archie

25 White. His widow married my uncle. My uncle was a

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 170

1 young man at the time, but the widow was very old,

2 and this was assurance to our family that we would be

3 standing here today saying this is my house.

4 Now I’m saying to you, it’s not just our house.

5 There’s many people from Snail House, many different

6 people. At the same time, I’ll tell you this. We’re

7 not just from one house. At different times in our

8 life we came from different houses. For example,

9 Mr. Grant here was talking, Kenny, he said he came

10 from Gaanxaa Hit. Well, when we left Lituya Bay, my

11 family was living in Gaanxaa Hit in Graves Harbor

12 also, is why my father always said, we’re closely

13 related to Mr. Grant. So we do have our history.

14 And there are so many houses to talk about, I can’t

15 get them all straight. So at the time when Leonard

16 married this woman, the widow of the house leader, so

17 that the nephew could step into his uncle’s spot,

18 after he got married, the son of Mrs. Archie White

19 name of Joe White, presented him with this blanket,

20 she was so happy that her mother married somebody

21 from her house again.

22 This is why we stand here and why we say we’re

23 from Snail House. Many people say we’re from another

24 house. I thank them very much for reminding me and

25 reaffirming my other identity. I don’t deny which

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 171

1 houses I come from, because there are so many houses

2 and so many different time periods and different

3 areas that our family come from. And at the time

4 Shotridge was collecting, these were the members of

5 the leaders of the house, Peter Hopkins, Archie White

6 and Mike Wilson. Mike Wilson is my grandmother’s

7 brother. Shorty Wilson is the one with the coho hat,

8 another uncle. Mike and Frank Wilson was another

9 uncle from the house. So you can see I had a house

10 full of relatives over in Snail House.

11 I will reiterate what I’m saying again. We’re

12 not the only ones from the house. There’s a lot of

13 us from the house. I’m telling you is I’m standing

14 here in place of our great uncles, the leaders of the

15 house. And because the Heritage Foundation doesn’t

16 allow us to go anywhere when they have workshops, up

17 in Anchorage, down there in Washington, even in

18 Juneau. We’re not invited. We stay home. We stay

19 home in Hoonah, because our Heritage Foundation is

20 now in Juneau and it’s supposed to be a village

21 corporation.

22 I did not want to be negative about anything. I

23 wanted to state what I told you. However, I’m a

24 person that will say what he believes is right and

25 because our uncles had paved the way for us by

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 172

1 building the house, by marrying into the house. And

2 there’s another thing too. We were sitting here

3 following one of our uncles before, but he happened

4 to marry a Raven and when he married a Raven, he took

5 himself out of the leadership of the family. He was

6 no longer our leader. And that’s the way our

7 grandmother was and that’s the way our father was,

8 when one of my sisters married a Raven, there was a

9 lot of trouble in our house. A special blanket had

10 to be made before my dad could accept it, and I doubt

11 if he ever did. Because double, when you marry

12 somebody from your own clan, it gets real hard.

13 You’re shunned. In this case, when my sister and her

14 husband had a child, her name was Little Slave.

15 MARTIN SULLIVAN: Sir, with great respect and

16 with regret, I would ask if you could finish up

17 because we do have other people who have been

18 scheduled as well.

19 PATRICK MILLS: All right. I’ll go ahead and

20 stop here, and I would like one lady to come forward

21 please. I will let the rest of my brothers say what

22 they have to say. I’m sure I did not want to get

23 emotional or anything about this, but for people that

24 been putting on our culture and our parties for years

25 and even up to the last year, that we displayed our

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 173

1 regalia at the parties. This is why you’ll

2 understand that sometimes we get a little bit

3 defensive when we’re not allowed to speak for our

4 stuff. And sometimes when we do have to come in, we

5 have to speak like we are and we don’t hardly put

6 time constraints on anything and when we want

7 something to be done right we go there and help out,

8 and we are still a part of the community in Hoonah.

9 We never left our town except to go in the service.

10 I’ll go ahead and I’ll let these other members

11 of my family —

12 MARTIN SULLIVAN: Well, if I can, as you know,

13 we did not have you on the schedule and we consented

14 and agreed and it’s been important for us to hear

15 from you, but we really must have other voices who

16 have been planning to come and we regret we can’t

17 accommodate any further. Thank you.

18 PATRICK MILLS: All right.

19 THOMAS MILLS

20 THOMAS MILLS: Okay. I’ll be really short and

21 sweet. My Tlingit names are Kochkuteh, and he is the

22 master of Snail House. My other Tlingit name is

23 Kotieh (phonetic), and he is also a biggie in the

24 house. My father is Wooshkeetaan. He comes from Nu

25 Hit (phonetic). My grandfather on my dad’s side is

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 174

1 T’akdeintaan. So he is our grandfather and we’re

2 grandchildren and we’re T’akdeintaan also.

3 My mother always explained to us, her Tlingit

4 name is Yakwaantlaa. Before she was born, they

5 already knew that she was going to be a woman, and

6 she was designated as the Daughter of Mt. Fairweather

7 House. Her dad, Paul Brown, who is Kaagwaantaan, had

8 composed a song for her and to this day it’s known as

9 the Katherine Mills song, and lately it’s called the

10 Paul Brown song again, but that’s just a minor

11 misinterpretation.

12 Mother always explained to us that we’re just

13 like royalty because of who we are. She says that we

14 can wear any emblem under the Raven as long as we

15 have acknowledged it first. So basically we used to

16 go over to Excursion Inlet from Hoonah with

17 grandmother, and that is always before Easter and we

18 start gathering our foods and sometimes we come back

19 and enter school after Thanksgiving or shortly before

20 Thanksgiving. All this time we are gathering foods

21 and we are listening to grandmother and working and

22 telling us all these stories while mother and father

23 worked in a salmon cannery.

24 We are going to have Beatrice Brown say a few

25 words. She was raised up in Snail House, so she

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 175

1 pretty much knows who actually lived there, if it’s

2 okay.

3 MARTIN SULLIVAN: Please do understand, we only

4 made arrangements this morning for you to speak and

5 others who have agreed in advance to speak were

6 limited in time. We have many other people who wish

7 to speak this afternoon, so with all respect we must

8 soon, very soon, finish.

9 BEATRICE BROWN

10 BEATRICE BROWN: Mr. Chairman, since the time —

11 there’s so much, I know there’s a time limit on

12 everything that’s happening here. On my comment, I

13 think I’ll write it down on paper and present it

14 along with Mr. Mill’s comments on how I feel, so I

15 wouldn’t take any of your time, if that’s okay.

16 MARTIN SULLIVAN: Thank you very much. Thank

17 you. Yes, it is, and we will add it to the record.

18 Thank you.

19 The last presentation for this session is from

20 Mr. Bob Maguire, Denakkanaaga.

21 BOB MAGUIRE

22 BOB MAGUIRE: Can you hear me all right?

23 MARTIN SULLIVAN: Yes.

24 BOB MAGUIRE: Good afternoon. It’s an honor to

25 speak before the committee. It’s a formidable task

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 176

1 to follow people like Rosita and the people from

2 Hoonah. In traditional fashion, I would like to also

3 thank the Tlingit people for hosting the meeting, and

4 we are in southeast Alaska and we’re all very well

5 aware of that now. Thank you very much people from

6 Hoonah for explaining, especially your clan history,

7 to us. I’d also like to thank individually several

8 people. One is Vera Metcalf who sits on your

9 committee. And although she is not designated as an

10 Alaskan representative, all of us especially from the

11 Interior area are real proud to have Vera on your

12 committee and all the work that you people do.

13 This is my first opportunity to attend a

14 national review committee meeting. It’s been

15 extremely educational and I have a real heartfelt

16 appreciation for the tasks and the work that you do

17 on this committee. I’m relatively new to NAGPRA work

18 but I’ve been real privileged to work in the interior

19 of Alaska along with Alaska Native people in

20 different programs for about the past 30 years. I

21 have two goals maybe this afternoon. One would be to

22 try to convey to you on the committee and also people

23 in the audience just the uniqueness of Alaska and the

24 vast distances and sizes that we have to deal with,

25 and then share with you two positive examples. I

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 177

1 think I got a sense today that you on the committee

2 enjoy hearing positive things that happen in NAGPRA

3 and I think we have two with Denakkanaaga.

4 MARTIN SULLIVAN: We hope for them.

5 BOB MAGUIRE: As I said, I’m currently employed

6 by Denakkanaaga, and we are a very poor, shoestring

7 corporation. We operate under authorization from

8 resolution from Doyon Limited, which is the regional

9 profit corporation, which is recognized as a Federal

10 tribe for the interior. It’s very difficult to

11 describe the interior of Alaska to people. I know

12 I’ve met some people in the audience here that it’s

13 their first time to Alaska, and you are in Alaska,

14 but you’re in southeast Alaska, and there are so many

15 different regions. And I’ll just try to describe a

16 little bit to you about the Doyon region.

17 Doyon is the largest private landholding

18 corporation in the United States and certainly one of

19 the largest ones in the world, somewhere around 14

20 million acres. The Doyon area stretches from the

21 Canadian border on the east. It’s bordered on the

22 north by the Brooks Range. It’s a land of great

23 majestic rivers such as the Yukon, the Kuskokwim, the

24 Koyukok, the Tanana. It’s the land of magnificent

25 salmon runs, caribou herds. We have our mother

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 178

1 mountain Denali that watches over everybody in the

2 interior. We have 44 Native communities recognized,

3 Federally recognized Native communities within our

4 area, so I hope that gives you a sense of the — it’s

5 a vast, vast area.

6 Those people that know me know that I tend

7 sometimes to tell stories, so maybe I can give an

8 example of that size. Quite a few years ago we had a

9 fairly naïve candidate who decided to run for the

10 state representative’s seat, and he thought that it

11 would be really nice if he went around the interior,

12 which is basically the whole Doyon region, by canoe

13 to visit everybody. So he started early after he

14 declared his candidacy, and when freeze up came he

15 was still about a third of the way down the Yukon

16 River. So it’s a big area to get around and it’s the

17 home of Athabaskan people. We have nine different

18 Athabaskan language groups, not dialects, but

19 language groups represented in our area. Some of

20 those groups that you’re familiar with perhaps, the

21 Deg Hitán, the Koyukon, Gwitchin, the Holikachuk.

22 The memorial potlatch tradition is a central part of

23 Athabaskan culture in the interior.

24 And with that, I’ll just kind of shift over to

25 Denakkanaaga’s work. We’re in the third year of our

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 179

1 NAGPRA grant. We have to give a lot of credit to two

2 individuals, Cathi Ipalook who wrote our first grant

3 for Denakkanaaga, and Caroline Brown who followed up

4 with that. We have focussed on education. It’s

5 still a problem. Inventories have been sent out, but

6 it’s probably a similar situation that we have to a

7 lot of other places. Oftentimes the inventories have

8 been misdirected or there are so many layers, there’s

9 regional corporations, there are village

10 corporations, there are nonprofit corporations and so

11 we’re still in the process of educating people in our

12 area as to what has been taken in terms of the human

13 remains and artifacts.

14 The interior was visited extensively by

15 researchers, anthropologists, explorers such as

16 Hrdlicka, deLaguna, Oswald and others, and we were

17 constantly trying to update our database as well, as

18 most other NAGPRA areas are doing. One of the things

19 in our grant this fall was that we would host a

20 statewide NAGPRA conference, and Denakkanaaga was

21 very honored to host that. We tried to bring NAGPRA

22 representatives from each area of the state. Vera

23 Metcalf was — we were honored to have her from Bering

24 Straits. We had Jana Harcharek from the North Slope.

25 We had Harold Jacobs who we heard of and saw pictures

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 180

1 of today from southeast. And perhaps it was the

2 first time in Alaska that we’ve had all of the NAGPRA

3 people together for a couple of days just to share

4 concerns, and it was a real educational opportunity

5 for all of us.

6 Along with that, we brought representatives from

7 seven or eight different interior communities as sort

8 of scholarship people to learn about the workings of

9 NAGPRA. And out of that we had a young lady, she was

10 22 years old, from the community of Eagle, and her

11 first name is Karma, which we thought was a real

12 appropriate name. This was her first experience with

13 NAGPRA. During the process of the conference, she

14 learned that there were human remains at the UAF

15 museum, and again, we’d like to thank Gary Selinger.

16 I think he’s a real unique person in terms of what he

17 does at the UA museum.

18 And Karma consequently went home from the

19 conference, and she’s on the traditional council.

20 And she’s pretty much organized on her own the

21 repatriation request and it’s gone on, and of course

22 it’s now held up with two things. One is the problem

23 of getting the notice, and I understand it’s on the

24 bottom of the pile, so we’re number 40-something

25 perhaps. And as Gary Selinger pointed out, our

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 181

1 window of opportunity for burials in the summertime

2 is pretty limited, so if there’s anything, that’s

3 just another, I guess, another note to that

4 continuing problem.

5 And the Eagle repatriation is also plagued with

6 the reburial location. The original location is now

7 occupied by the Federal government. I believe it’s

8 the headquarters for the Yukon Charlie Rivers

9 Preserve. And they now have their headquarters

10 building there, and we’ve pretty much been told that

11 we cannot rebury on the Federal grounds, and that we

12 asked for the policy and that’s the one which I

13 believe you’re going to get from Mr. Selinger. But

14 we think it’s a real heartwarming example of a young

15 person Karma’s first experience with NAGPRA, and she

16 took it on her own to go back to her home community

17 and work on this repatriation. So we’re real hopeful

18 that sometime this summer that that reburial can

19 happen in Eagle.

20 Our other reburial in the interior that’s of

21 significance was in the Village of Anvik, which has

22 significant collections in several museums. A year

23 and a half ago in August, we had six individuals that

24 were returned from the University of Pennsylvania

25 Museum, and we’d like to express our support that we

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 182

1 received from them. These individuals were returned

2 to Anvik and as somebody else mentioned in tradition.

3 It’s traditional in the interior also that somebody

4 act as a customary pallbearer or escort with these

5 people, and they had several moving experiences with

6 the individuals who had been living at the museum for

7 some 90 years. And these people stayed with them in

8 their hotel room and they made sure that somebody was

9 there at all times.

10 And then when they returned to Anvik, there was

11 the problem that initially the funerary objects had

12 all been detailed as to which individual they went

13 with, but in the 90-year period that had become

14 confused or lost. So the community took it upon

15 itself that in the burial container that they would

16 put an extra tray on the top and put all the funerary

17 objects, since they had no way of knowing which ones

18 went with which individual, on the top. And so that

19 they all belonged to all the individuals.

20 Following the burial, we were all in the

21 community hall and we got the word that everybody

22 should go outside, and there was this magnificent

23 rainbow that people still talk about today that went

24 exactly from the community over to the graveyard.

25 And everybody still talks about that that is a sign

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 183

1 that the work we do in NAGPRA is a good thing to do

2 because that’s a sign that those people are happy now

3 that they’re back in their rightful ancestral home.

4 So with that, on behalf of NAGPRA, I’d like to

5 thank the committee again and I hope that — we also

6 echo our concern about the restructuring of the

7 department, so thank you.

8 MARTIN SULLIVAN: Thank you.

9 Questions or comments?

10 Rosita.

11 ROSITA WORL

12 ROSITA WORL: Mr. Chairman, I beg the indulgence

13 of the committee, but we have a requirement to

14 respond to the Ravens for bringing out their hat, and

15 so if I might I would just like to ask the Eagles to

16 stand. I know we have Kaagwaantaan, Shangukweidí,

17 Wooshkeetaan, and if they would just stand and thank

18 the Mills family and the T’akdeintaan for bringing

19 out their at.oow and it’s just required for us to

20 respond and to also thank and acknowledge them for

21 showing us their family and their clan treasures.

22 (Native Alaskan language.)

23 MARTIN SULLIVAN: Thank you very much.

24 Thank you, Mr. Maguire.

25 We’re going to finish up. Mr. Richard Dalton,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 184

1 Sr., had originally been scheduled for public comment

2 tomorrow, but had requested to be accommodated today,

3 and so we will do so if he is here.

4 RICHARD DALTON, SR.

5 RICHARD DALTON, SR.: Ladies and gentlemen, can

6 you hear me? Can you hear me now? Okay. Thank you

7 for giving me this chance to speak on behalf of my

8 grandfather’s body that we repatriated a year ago. I

9 have to have the statements to you so that you will

10 have the idea of what we got going. I’m a short

11 distance speaker, so you don’t have to worry about

12 me.

13 I’d like to give you a brief history on Swanson

14 Harbor, who we repatriated. He was out in Juneau for

15 the year of 1928, and he was brought in, all we had

16 was the brains that we repatriated, and came down a

17 year ago we had a memorial service for him. I will

18 talk about the disposition of ancestral human remains

19 of Swanson Harbor Jim. We repatriated remains from

20 the National Museum of Natural History museum in

21 April. We want to rebury him in Swanson Harbor

22 homeland where his family lived, land of the

23 grandfathers.

24 This forest land and the home site is there. I

25 talked to Forest Service about this. We want to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 185

1 rebury him and place a monument or head marker. They

2 said to me away from the home site. I will show it

3 to you on a map what they were saying to me. From

4 the home site on the other side he told me to keep it

5 quiet, don’t put in the news, we place a cross of the

6 grave on September 1. He said to make it a small

7 one, a monument that he’s talking about, maybe a

8 little cross or something, but they’re telling us not

9 to put anything on there. That’s what they were

10 talking about.

11 We want to place a permanent monument marker,

12 gravestone memorial, but I think they will oppose it.

13 Federal agencies should support this, especially on

14 land that belongs to our grandfathers, not make us

15 hide about it or talk about it. We need to be

16 amendment to legislation to allow reburial Federal

17 land. So this is what this is about right here in

18 the news. I put it on the news, so we let them have

19 it anyway, whether they like it or not it was there.

20 It was done by T’akdeintaan, who comes from Swanson

21 Harbor.

22 Early a while ago they were talking about

23 Mt. Fairweather. That’s where the first, the flood

24 of the year, when they had the Mt. Fairweather over

25 the T’akdeintaan, they had a potlatch over there,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 186

1 perhaps they had about 50 different regalia. That’s

2 what they paid it back with since there was no money.

3 And I’m talking about right now what the Forest

4 Service gave to me. That’s right in this spot here,

5 in this little spot. I finally buried my grandfather

6 on this little island right here, but they told me

7 not to get on this other side of the river. 1928

8 since he’s had that land over there on Federal

9 ground. It’s Forest Service, and that thing kind of

10 disturbed me a little bit, and I guess it disturbed a

11 lot of people in Hoonah as well, because 1903 nobody,

12 not even you, can have an application, a land, 160.

13 All of our grandfathers were that way and uncles,

14 they were told you cannot have any application on the

15 land of BLL. That how did he get that, that’s a

16 question to me on Federal Forest Service.

17 That’s began to make me wonder about some of

18 these things a little bit. Here this archeologist

19 investigation in icy strait region, southeast Alaska,

20 1971 was done by Ackerman. As you can tell, Kenny

21 Grant and the others talked about it, but it was

22 confirmed 5,000 years before Christ Jesus. Yesterday

23 I prayed in Tlingit. That’s the kind of teaching

24 they gave to my uncles and my grandfathers. And

25 their constitution was that way, the totem pole that

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 187

1 we have a Raven, an Eagle, got their own

2 constitution. And from Hoonah we got a grandfather

3 and we got an uncle and a brother and we got a clan

4 mother on the totem pole.

5 I’m the lowest one down here. That’s the leader

6 of T’akdeintaan. We try to keep that down to let it

7 on a history for our children from now on to maybe

8 thousands of years. So it gives us a good question

9 about our territory, when the Federals start telling

10 us keep it quiet, we don’t like to go by daylight —

11 we operate by daylight all the time. That’s the only

12 way we like to do things.

13 So I mentioned that I was not for long speeches,

14 so I’ll just leave you alone with what that is.

15 Thank you very much for hearing me. We hope that we

16 will be able to let our homeland with our

17 grandfathers with a burial. That’s where they need

18 to be buried. If we can get a monument for him, one,

19 two, three, maybe that’s all, I don’t know how it’s

20 going to work but it’s going to have to. That’s what

21 we want. We want it from Hoonah. It was done by

22 IRA. It was done by AMB, T’akdeintaan. That’s what

23 we are. Thank you very much.

24 MARTIN SULLIVAN: Thank you, Mr. Dalton.

25 We have several items for committee discussion

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 188

1 and at 4:00 o’clock we were scheduled for a public

2 comment period at which several speakers have already

3 been identified. So I want to ask the committee, do

4 you want to take a short break now, and then we will

5 return — no?

6 Armand.

7 JAMES BRADLEY: You stay.

8 LAWRENCE HART: You stay here, Armand.

9 MARTIN SULLIVAN: We will take a ten-minute

10 break and resume. Thank you.

11 BREAK

12 MARTIN SULLIVAN: We will take a few moments to

13 discuss the committee’s 1999 Report to Congress. A

14 lot of our ideas have been expressed by us and to us

15 in the last several days seem to me at least to bear

16 on how we structure that report. We’re then going to

17 have the public comment period that has been

18 scheduled, and I have four individuals who have

19 requested and have gotten time on the agenda. We’ll

20 begin with Mr. Alfred McKinley when we start public

21 comment, and then we will have several comments with

22 respect to a dispute that has been underway for some

23 time, Mr. Alvin Moyle and Mr. Norman Harry, and

24 finish with Pemina Yellow Bird.

25 Tessie.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 189

1 TESSIE NARANJO: May I say something real, real

2 quickly. Mr. Robbins yesterday said that he had on

3 hand a particular paper with regard to the

4 restructuring, and I was just wondering if he had

5 that paper available.

6 JOHN ROBBINS: Let me find that and I’ll bring

7 it.

8 1999 REPORT TO CONGRESS

9 MARTIN SULLIVAN: Okay. Let’s start then with a

10 few minutes on the committee’s 1999 report, which I

11 hope we can prepare and pretty well draft by the time

12 that we leave here, leave Juneau. It seems to me as

13 I have heard us talk about our concerns, and we do

14 have a copy before us of the 1998 report, which took

15 some time to actually deliver to Congress, that

16 several things seem to be obvious. One, we don’t

17 want to delay the submission of this report by any of

18 our own activities and we certainly want to push it

19 as quickly as we can.

20 Secondly, I’ve heard expressed from the

21 committee a number of concerns that really fall into

22 the realm of priorities and policy in implementing

23 NAGPRA, and these would include things like our

24 concern which is shared by many people about the

25 backlog, both in publishing Federal Register

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 190

1 notifications as well as the backlog in completing

2 the databases of inventories and summaries, secondly

3 our concern about current and future budgets being

4 adequate to support the national effort, and we may

5 want to talk about that in a little bit more detail,

6 thirdly, and obviously, our growing concern about

7 Federal compliance issues and the need to call

8 attention to the concerns about Federal agency

9 compliance as we report to Congress.

10 We have been given, I guess, an early or

11 preliminary report on the proposed restructuring

12 activities, but I suspect that we want to say

13 something about the sequence of events in 1999 that

14 led the committee to seek an appointment which we got

15 with Secretary Babbitt’s executive assistant, at

16 which time we expressed some of our concerns. And we

17 may well want to comment upon the importance of

18 keeping the program moving in the right direction

19 with this restructuring.

20 So those are just some very quick things that I

21 have heard from you in the last couple of days.

22 Let’s take a minute or two to talk about how you want

23 to approach things. Tessie and I have, I think, been

24 designated responsibility for trying to put this in

25 writing and we’ll try to work on it overnight, but I

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 191

1 would like to hear from committee members.

2 Who wants to start? Vera.

3 VERA METCALF: I just have a question on the

4 1998 report, the distribution list, I’m wondering

5 where it went to and if this ’99 report is going out

6 sometime, do you have a listing of where the report

7 went out to, the ’98 report?

8 JOHN ROBBINS: The 1998 report was sent to the

9 chairs of the Senate and House committees that are

10 responsible for Interior affairs, and I understood

11 that — oh, here we have it. I’ll pass this around.

12 MARTIN SULLIVAN: Other comments from committee

13 members?

14 Jim.

15 JAMES BRADLEY: John, I haven’t — excuse me, I

16 haven’t seen what you brought up yet, but I wanted to

17 follow up Vera’s question. When was this report —

18 this is the Report to Congress on 1998 activities and

19 it says on the cover that this is August 1999. When

20 was that actually distributed?

21 JOHN ROBBINS: The date is at the top of that

22 memo.

23 JAMES BRADLEY: And that is?

24 MARTIN SULLIVAN: That is last week, March 29th,

25 2000.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 192

1 JOHN ROBBINS: Right.

2 MARTIN SULLIVAN: So that’s part of our concern.

3 We are — it appears that we have been remiss in

4 getting our report together and in fact we know that

5 it has wended its way much too slowly through the

6 review and final authorization, I guess, in the Park

7 Service.

8 JAMES BRADLEY: And was there a cover letter

9 that went with this report?

10 MARTIN SULLIVAN: Yes, we have that.

11 JAMES BRADLEY: Okay. Thank you.

12 MARTIN SULLIVAN: If I could add one other

13 thought that I think I’ve heard expressed by folks,

14 we have used for a few years running a format for

15 this report that includes a lot of statistics on

16 implementation, budgets, number of grants, number of

17 repatriations achieved and so forth, and what I think

18 I have been hearing from everybody is that while we

19 know that has to be in the report that this is a

20 particularly a time in which policy and direction of

21 the program are the key concerns. And so I would

22 like to propose that we, Tessie and I, as we work on

23 a format for this, really emphasize the issues about

24 policy, direction, management, so forth, and we find

25 a way to work the statistics in, either as an

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 193

1 appendix or as some later part of it, but that we

2 don’t overload it with a lot of numbers.

3 JOHN O'SHEA: I think that’s a good idea, Marty,

4 that if we put most of the statistical summary in the

5 second part, then the first part can be really within

6 the policy issues that we want to address, and it may

7 not be a very long document. We can probably, you

8 know, following on the ideas you were saying the real

9 issues are kind of the state of implementation in

10 terms of the increasing backlog, Federal compliance,

11 and then also probably addressing the issue of the

12 restructuring and what our concerns are with regard

13 to how that will affect the implementation.

14 MARTIN SULLIVAN: Jim.

15 JAMES BRADLEY: I’m really glad that you and

16 Tessie will at least get us started, and I think the

17 outline that you have described is a great place to

18 start. Obviously this is an annual report, but I

19 think there’s also the opportunity to look at how

20 this committee has functioned over the last ten

21 years. And with you two going off as individuals who

22 have the long view here, our elders so to speak, I

23 think is a time to be a little reflective about what

24 we think this process has done and where we are at

25 this point in time. I’m not trying to say that we

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 194

1 should make this a soapbox for issues other than the

2 report to Congress, but I think it’s important to put

3 this particular year’s events in the context of the

4 service that you two have had. So if you keep that

5 in mind, that would be helpful.

6 MARTIN SULLIVAN: Thanks.

7 Anyone else?

8 Okay. Well, I think we have a direction to

9 start with and we’ll try to have a draft for you

10 tomorrow morning. We have a lot of business

11 remaining on our agenda, including what I hope is

12 going to be the completion of a policy document on

13 culturally unidentifiable remains that will represent

14 the direction that we have long sought to have it

15 represent, which is strong guidance to all parties

16 and guidance that, at least in my view, moves in the

17 direction of repatriation.

18 Jim.

19 JAMES BRADLEY: Can I make a comment on that?

20 MARTIN SULLIVAN: Yes.

21 JAMES BRADLEY: Let me just make a comment on

22 that also, for the members of the committee and for

23 the audience. I had hoped to have another version,

24 version six, this afternoon, but it’s in my computer

25 and refuses to come out, so Lesa has promised to help

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 195

1 me extract it. And I’m going to try to get a copy of

2 that so that you all can look at that tonight and

3 we’ll be ready to talk in the morning, and there will

4 be copies for everyone in the morning as well.

5 PUBLIC COMMENT

6 MARTIN SULLIVAN: All right. If there is no

7 objection then, I would like to move to the public

8 comment period. I’ve had a request from Mr. Alfred

9 McKinley to make a presentation and it has to do with

10 the issues that we have been learning about today.

11 So Mr. McKinley if you would go first, I would

12 appreciate it.

13 ALFRED MCKINLEY, SR.

14 ALFRED MCKINLEY, SR.: Thank you very much for

15 giving me this opportunity, Mr. Chairman and members

16 of the committee. My name is Alfred McKinley, Sr.

17 I’m an Eagle Shark Wooshkeetaan. And my dad comes

18 from Hoonah, my father’s people, and my leader is

19 Richard Dalton that just spoke here recently, who we

20 respect very much. Our clan leader is Mr. Samuel

21 Hanlon, Sr., from Hoonah, Alaska.

22 Everything that was said was right on the — I

23 guess you might say in the English, right on the

24 (portion of comment inaudible).

25 My uncle was Gilbert Mills, their father, and I

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 196

1 guess we’re passing on the same information, but

2 there were some things that were omitted. I guess

3 we’re here to more or less testify on artifacts that

4 were taken out of Alaska and so forth. But some of

5 the things that I was taught, we were taught by my

6 grandfather. My grandfather’s name was Eldred Mills.

7 I guess you will probably see his name on the 1906

8 Allotment Act, helping our people trying to stake out

9 these lands that were staked out in Glacier Bay and

10 so forth, and we do have a Native Allotment Act in

11 Gustavus, also. And I’m well familiar with all the

12 things that was said here. I’m also familiar with

13 the migration of our people, but it will take too

14 long to mention that.

15 But since we’re on the subject of all these

16 artifacts that are coming down. But I told our Shark

17 family that is here in Juneau — actually, Juneau

18 actually this is the Wooshkeetaan Shark country right

19 here in Juneau. I wanted to let you know that,

20 Wooshkeetaan Shark Country. And Bernas Bay

21 (phonetic) also belongs to the Wooshkeetaan.

22 We had eight tribal houses here, but I don’t

23 want to go too far in that subject. But all the

24 things that are — I just want to mention the fact

25 that all of these things that are coming down like my

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 197

1 tribal sisters got involved in taking these skeletons

2 that were actually — that were buried that were taken

3 out of here. And I told him that it’s 400 years ago,

4 and I says, well, how do you know it’s ours? I asked

5 him, but he says I don’t know. And I told him right

6 then from the way I was taught you have to be extra

7 careful when you say it is ours, especially when it

8 comes to witch doctor, in Tlingit we call (Native

9 Alaskan language.) There’s a proper way to bury

10 these things in our culture, and that’s the other

11 things that wasn’t mentioned. But you have to let us

12 know if you may if this is a witch doctor or not.

13 And I told my side of Shark family, be sure you

14 know what you’re doing because if you do the wrong

15 things, your side of the family is going to go like

16 hotcakes. And after that he said, holy mackerel, we

17 didn’t know that. Well, that’s why you have to be

18 careful how you do things. In Tlingit you say

19 (Native Alaskan language.) That’s how we call that,

20 not just any way. I can speak the Tlingit language,

21 too. In fact, I’ll be going to University of Alaska

22 just to learn how to write in Tlingit so I can pass

23 on my knowledge what I was taught by my Eagle Shark

24 family.

25 In my culture, what was actually missed is what

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 198

1 I’m actually telling people what is missed, that I am

2 an Eagle Wooshkeetaan and my uncle told me, Gilbert

3 Mills, he told us we don’t talk about the

4 Chookaneidi. The Chookaneidi are my great — my

5 grandfathers, since my dad, his father was

6 Chookaneidi. We don’t talk about the Chookaneidi

7 Tribe and we don’t talk about the Eagle Wolf clan,

8 Kaagwaantaan. In other tribes, the other tribes that

9 are on the Eagle side, we don’t talk about them and

10 they are not supposed to talk about our family

11 either. It’s very simple. But those are the type of

12 things that I want you to know since you are going to

13 be passing on all these artifacts that are being

14 claimed.

15 You want to make sure it’s theirs or ours. If

16 it’s the Ravens’, I cannot get involved with it. If

17 it’s the Eagles’, if it’s our side of the family,

18 yes. And so any, if it’s a Shark family, the

19 Kaagwaantaan or the Chookaneidi, I cannot get

20 involved with that. It goes to — it should actually

21 go to them direct. I just wanted to let you know

22 that. And sometimes there are some politicians among

23 our people that are trying to get involved with these

24 types of things.

25 And I also have other things that like I said, I

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 199

1 could talk all day and put you guys to sleep if I

2 testify, but since I have been given the opportunity,

3 I wanted to let you know. You actually should —

4 actually, it’s parliamentary, we only should only

5 talk about directly related to the artifacts that’s

6 coming in here. Otherwise, you should actually as

7 the chairman, or someone should call the point of

8 order and get up and say state your point. I’m also

9 familiar with parliamentary. And I just want to let

10 you know that — a little of this type of things I

11 know.

12 I know my leader and the leader of the

13 T’akdeintaan, Richard Dalton, can actually state that

14 too. With me, I was in the Armed Forces. I left

15 Hoonah in the ‘50s, but I still knew my culture, so I

16 transferred around in the Federal government. I was

17 in Albuquerque, New Mexico four years, Denver,

18 Colorado. So I was all over the place, the United

19 States. So I also go out in the field and audit. So

20 I used to enjoy that because in a different age, you

21 would say the auditors are here, watch out. I used

22 to get a bang out of that, you know.

23 But I just wanted to alert you to that as far as

24 all these things that are related to these things

25 that are being passed on to give to the right tribe,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 200

1 and if it’s a (Native Alaskan language), witch

2 doctor, we have to be extra careful among our people.

3 In Tlingit, they say (Native Alaskan language.) I

4 know one family that fiddled around with stuff like

5 that and their family were just gone like that

6 because they didn’t listen.

7 I’m a kind of a person, I used to say a (portion

8 of comment inaudible), like seaweed for example,

9 we’re not allowed to eat seaweed in our culture,

10 otherwise some member in the family is going to die

11 or slip away. I used to say (portion of comment

12 inaudible), but I’m going to eat that seaweed? No.

13 I want to put that aside and I don’t want any of my

14 family to die. That’s what I was telling them a

15 little while ago.

16 They also asked me how I got my name McKinley.

17 Well, how did you get yours, that’s my answer.

18 Because my grandfather is David McKinley on the Eagle

19 side, and he’s the one that used to tell us. I also

20 explained to him that in our tribal they’re similar,

21 the Raven and the Eagle are similar. When we build a

22 house, okay, you have one house on our side. If the

23 family got too big, you build another house, and they

24 gave it — a leader was designated to stay in there,

25 and he was the leader of that house. Another one —

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 201

1 if it gets too big, they build another house, and

2 they gave it a different name as we went on. And

3 that’s how our different houses were built, but they

4 gave it a different name. But there’s only one

5 leader. We don’t have chiefs. I want to verify

6 that. We don’t have chiefs, leader. We only have

7 one leader. If we have one leader in our clan, so

8 it’s the Raven or the Eagle.

9 I just wanted to make that short, but if I

10 testify about all these things, you know, but since

11 we’re talking about subject of passing all these

12 things down to us that were taken out, we have to be

13 extra careful, make sure it’s our side of the family.

14 And if it belongs to our side of the family, the

15 Raven can’t say anything. If it belongs to the

16 Raven, we can’t say anything. In Tlingit they say

17 (Native Alaskan language), and that’s how it’s run.

18 So that’s — I just wanted to bring that to your

19 attention, no uncertain terms, that’s what my uncle

20 told me.

21 And I used to be a sergeant in the military, so

22 sometimes when it gets me angry, my sergeant comes

23 out of me. I don’t think you want to hear that. But

24 I was in the military about 50 years ago, you know,

25 so but I was glad to be home. And when I was in

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 202

1 Albuquerque they gave me a name Alfredo. My

2 supervisor was from Gallup — Albuquerque, New Mexico

3 — I mean Gallup, New Mexico. Her name was Anne

4 Marie. I think I bored her to death with our

5 culture, so when I was leaving Albuquerque, she said,

6 Al, we’re going to give you a name. They had a big

7 party for me when I leaving Albuquerque and that’s

8 how I got the name Alfredo. I just wanted to bring

9 that to your attention.

10 I thank the committee, Mr. Chairman, for

11 allowing me to say something. Just what I’m saying,

12 short subject, right to the point, but I can go back

13 to Glacier Bay and all these things, you know, but if

14 I told you about Glacier Bay between Hoonah and what

15 I learned and Glacier Bay used to belong to us.

16 There were about four or five tribes that came from

17 there. One actually got extinguished, but those four

18 today that came from there. It’s the T’akdeintaan,

19 like what they said, I think they had the bigger land

20 than anybody else, Wooshkeetaan, that’s me,

21 Kaagwaantaan, that’s the Wolf, Eagle Wolf, and the

22 Chookaneidi. There were four that’s actually living

23 today. But one of them got extinguished. In Tlingit

24 they say (Native Alaskan language), all gone.

25 I just wanted to let you know that, you know,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 203

1 and I know lots of history, but since we’re —

2 subjects related to the artifacts, I just wanted to

3 bring this to your attention. But there are a lot of

4 things I know, our culture, our subsistence, which I

5 do not agree with the name subsistence. But that’s

6 all I wanted to say.

7 Thank you, Mr. Chairman, for allowing me this

8 opportunity to speak to you.

9 MARTIN SULLIVAN: Thank you, Mr. McKinley.

10 ALFRED MCKINLEY: Thank you.

11 MARTIN SULLIVAN: The next commenter will be

12 Chairman Alvin Moyle of the Fallon Paiute-Shoshone

13 Tribe.

14 ALVIN MOYLE

15 ALVIN MOYLE: I’d like to thank the NAGPRA

16 review committee for allowing the Fallon Paiute-

17 Shoshone Tribe to be present today and to make

18 testimony once again on reference to the Spirit Cave

19 remains. I’ve been to the Santa Fe meetings, Silver

20 Spring and the Salt Lake City meetings, as most of

21 you that’s here are well aware of. I feel it

22 important that I maintain our efforts to be present,

23 to be able to speak, to be able to answer any

24 questions that you may have in regards to our

25 request. I have also with me, it’s stated in this

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 204

1 paper, but I also have with me two of our tribal

2 members which are also our staff members which are

3 also part of our, basically our cultural committee

4 that we have. They are Rochanne Downs on my far

5 left, Donna Cossette sitting next to me.

6 We have come before you today once more to

7 provide you with an update of where we’re at today

8 with our claim that we submitted in 1995. With that

9 paper, we also have attached to that other materials

10 that relate to the Great Basin people, our people,

11 also some other relevant material in there which it’s

12 in this paper that we spoke on, but it is for

13 reference for you. And I would like to begin at this

14 time with my statement.

15 I am Alvin Moyle, Chairman of the Fallon Paiute-

16 Shoshone Tribe of western Nevada. I am here to

17 present testimony on behalf of the Fallon Tribe.

18 Seated next to me are two of the members, which I

19 have already announced. I have testified before the

20 review committee several times on the subject of the

21 tribe’s request for repatriation of the human remains

22 known as the Spirit Cave remains and the associated

23 funerary objects. Today, I will first briefly

24 provide the committee with some background, and then

25 update the committee on the events that has

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 205

1 transpired since last November’s committee meeting in

2 Salt Lake City, Utah.

3 Some of the background. In 1940, human remains

4 were removed from Spirit Cave, in the Grimes Point

5 area of the Stillwater Mountain range in the state of

6 Nevada. The cave burial was only a few miles from

7 our reservation and in the heart of our judicially

8 recognized aboriginal territory. The remains were

9 unearthed by archeologists working for the Nevada

10 State Park Commission under a permit issued by the

11 Department of Interior. For the last 60 years, the

12 remains have been stored at the Nevada State Museum.

13 Our tribe did not know of these events until 1995 and

14 have sought repatriation of the remains and

15 associated funerary objects since then. Our tribe is

16 the only tribe that seeks repatriation of the objects

17 found in the Spirit Cave and no tribe contests our

18 claim to repatriation.

19 Repatriation of the Spirit Cave remains is

20 profoundly important to the tribe, and I would like

21 to correct that. I would like to say to our tribe.

22 It is our opinion that the respect we have for our

23 people and our ancestors is not recognized by the

24 scientific society. We believe that this individual

25 is our ancestor and should not be held by others who

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 206

1 declare ownership for scientific purposes. As young

2 children we have been taught to respect our elders

3 and their teachings. It is our spiritual belief that

4 graves, human remains, and all objects buried with

5 our people must be left undisturbed. We ask that the

6 Spirit Cave individual be given the same respect that

7 we give all of our burials. The excavation, display

8 and continued retention of the Spirit Cave remains

9 have violated our core religious and spiritual

10 beliefs. We ask that the NAGPRA review committee

11 recommends and supports that Spirit Cave remains are

12 returned to the Fallon Paiute-Shoshone Tribe.

13 I would like to now describe several significant

14 and positive developments that have taken place in

15 the repatriation process. Prior to the Salt Lake

16 meeting — and at the Salt Lake meeting I did announce

17 to the committee that the state director of the BLM

18 office in the state of Nevada asked the Fallon

19 Paiute-Shoshone Tribe to provide him with evidence

20 relevant to the affiliation of the Fallon Tribe with

21 the Spirit Cave remains. The subject that I’m going

22 to speak on right now is that issue.

23 Tribal submissions. At the meeting held in Salt

24 Lake City you may recall our request for repatriation

25 was made to BLM’s Nevada state director. The Fallon

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 207

1 Tribe was asked to submit material that would

2 substantiate cultural affiliation. The tribe has

3 made several submissions to BLM in support of its

4 repatriation request. In December 1999, we submitted

5 eight reports from six scholarly experts. The

6 reports were prepared by experts in the fields of

7 anthropology, biology, burial practices, ethnography,

8 folklore, linguistics, archeology, and DNA.

9 The tribal submissions show that the Spirit Cave

10 remains are culturally affiliated with our tribe.

11 For example, they show that the Spirit Cave remains

12 was discovered within the aboriginal territory of the

13 Northern Paiute people, the Spirit Cave remains

14 shares distinctive biological features with

15 contemporary Native Americans, evidence of burial

16 patterns in the Great Basin show remarkable cultural

17 continuity in the region from Spirit Cave remains

18 time to that of historic Northern Paiute, linguistic

19 evidence and cultural adaptations support the

20 continuous presence of the Ute-Aztecan people in the

21 Great Basin over the past 11,000 years, origin

22 stories of our people as well as our recognized name

23 evidence our origin in the Great Basin over 11,000

24 years, DNA and serum albumin studies, while of very

25 questionable use in this matter, are consistent with

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 208

1 our claim of cultural affiliation.

2 The materials also convincingly refute the

3 principal theory relied on by our opponents, the

4 hypothesis that our people, Numic-speakers, replaced

5 a prior and distinct culture. The expert reports

6 show that this theory is not supported by any

7 available scientific evidence. We also submitted to

8 BLM a position paper which summarizes the expert

9 reports and gives the tribe’s perspective on BLM’s

10 obligations to the tribe under NAGPRA. Eight copies

11 of the expert reports and the tribe’s position paper

12 were sent to Dr. McManamon to be forwarded to each

13 member of this committee. I’m not sure if you

14 received that. You did. Thank you.

15 Finally, we recently submitted to BLM two papers

16 written by highly regarded Great Basin experts, which

17 further support our claim that the remains are

18 culturally affiliated. Dr. Aikens’ paper, in

19 particular, argues that Ute-Aztecans have been in the

20 Great Basin for at least 11,000 years. As I stated

21 earlier that paper is in your packet. In summary,

22 the materials we submitted strongly support our claim

23 that the remains and associated objects are

24 culturally affiliated to our tribe.

25 I’d like to talk a little on, in which case you

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 209

1 do have this material before you, the Nevada State

2 Museum, and I do believe that I have stated this in

3 earlier meetings with you. And as far as the

4 relationship that I could say that we do not have as

5 far as a good relationship with the Nevada State

6 Museum, in which case I will read on on this material

7 here.

8 The Nevada State Museum has been the custodian

9 of the remains for 60 years and until recently has

10 been an ardent opponent of repatriation. We are

11 pleased to report that in January 2000 the museum

12 took a more constructive position. After we

13 submitted our expert reports, BLM forwarded them to

14 the museum to provide the museum an opportunity to

15 review and comment on the reports. In response, the

16 director of the Department of Museums, Library and

17 Arts of the State of Nevada wrote that his staff

18 respects the opinions of the scholars the Fallon

19 Tribe has retained and recommended that their

20 opinions be given serious consideration. He wrote

21 that the Department feels that the remains are indeed

22 Native American. The director also explained that,

23 due to changes in the museum’s staff, the museum is

24 no longer assuming a lead in scientific studies of

25 the Spirit Cave remains. I’m going to have to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 210

1 retract that first statement that I made in regards

2 to that, but I will get to the subject and the issue

3 of what the — as far as the Nevada State Museum had

4 done in a couple of cases here.

5 Tribal consultation with BLM. At the last

6 review committee meeting, I reported that BLM had

7 declined to consult with us any further on the Spirit

8 Cave remains matter. After that meeting,

9 Dr. McManamon wrote to the Nevada state director to

10 inform the state director that the committee

11 recommends continued consultation. After further

12 correspondence from the tribe, the state director

13 agreed to consult with us. In a meeting on March 17,

14 the state director informed us that, one, BLM

15 believes the remains are Native American; two, there

16 appears to be no active requests to engage in

17 scientific testing of the remains and BLM is no

18 longer considering that option; and three, our

19 request for repatriation is currently being reviewed

20 by BLM, the National Park Service, the BIA, and the

21 Interior Solicitor’s Office at the DC level.

22 We are pleased with the progress we have made to

23 prove the cultural affiliation between the tribe and

24 the remains and objects found in Spirit Cave. We

25 hope that a decision to repatriate the Spirit Cave

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 211

1 remains is made promptly so that the remains can be

2 returned to the tribe and our ancestor can continue

3 on his spiritual journey. That is important to us.

4 In recent complications. The following is a

5 demonstration of how Federal dollars have been used

6 against our tribe and we have been forced to defend

7 ourselves without any Federal assistance. What I am

8 going to be speaking on now is that issue of things

9 that happened in reference to some of the museums’

10 relationships with others, I’ll call those others

11 opponents of the Fallon Paiute-Shoshone Tribe.

12 I would again like to point out the unfair and

13 unfortunate financial burden that has been put on our

14 tribe to repatriate our ancestor. The museums and

15 other agencies are being Federally assisted to

16 establish their cases against Indian people. Our

17 legal team, scholarly experts and travel to all of

18 these valuable nationwide meetings have been

19 supported solely by tribal dollars. We have

20 repeatedly applied for Federal assistance and

21 unfortunately we have been denied every time.

22 Although our working relationship has improved with

23 the new Nevada State Museum administration, we are

24 still unfortunately dealing with the unforeseen

25 damages from the previous administration.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 212

1 In 1998 busts were constructed from the remains

2 of three Lahontan Basin individuals taken from Spirit

3 Cave, the Wizards Beach in the Pyramid Lake area and

4 the Carson Lake from the Fallon, Nevada area. We

5 requested BLM not to allow these busts to be publicly

6 displayed until the Spirit Cave issue was resolved.

7 They have agreed and the museum was ordered by BLM to

8 no longer display these busts. In October 1999 at a

9 meeting titled “Clovis and Beyond – Peopling of the

10 Americas Conference” in Santa Fe, New Mexico, we

11 learned that a second reproduction of the busts

12 existed and again the busts were put on display.

13 We discovered that Dr. Sharon Long, who is a

14 person that lives in the Nevada area, was contracted

15 by the Nevada State Museum to construct the busts

16 from the skull of the Spirit Cave individual, which

17 was supported by public funds. The tribe contacted

18 the Nevada State Museum about the displayed busts at

19 the Clovis and Beyond conference and we were informed

20 that Dr. Long without permission made a second set of

21 the busts and copyrighted them for her own personal

22 use and professional advancement.

23 We have sent two letters inquiring about who

24 gave Dr. Long permission to retain a copy of the

25 busts, who gave her permission to display these

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 213

1 busts. We have discussed this issue with museum

2 representatives and they have assured us verbally

3 that they are looking into this, but since January we

4 have not received any updates or written

5 correspondence which addresses this matter. We have

6 only gotten verbal responses to our letters.

7 According to the museum, Dr. Long claims that she is

8 the copyright owner of these busts and can display

9 these busts at her discretion with or without

10 permission from BLM, the Nevada State Museum or the

11 Fallon Tribe.

12 We asked how can Dr. Long be the copyright owner

13 of an item that was made from Federal dollars — or

14 with Federal dollars, that is, with privileged

15 information. We are bringing this issue as a way to

16 demonstrate the many additional problems that the

17 Fallon Paiute-Shoshone Tribe has been faced with when

18 working to repatriate our ancestor. We do not agree

19 that this individual had the right to take privileged

20 information, create a bust, copyright it and then use

21 it for her own personal, professional, and financial

22 advancement.

23 I would like to go ahead and proceed further and

24 make comments to the committee regarding the proposed

25 rule for the culturally unidentifiable remains. I

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 214

1 will have to state that after having the opportunity

2 to sit in yesterday’s meeting that some of these

3 comments are now made from that meeting. I do not

4 feel that it is appropriate or ethical that an

5 important meeting regarding the development of a rule

6 making policy for the disposition of culturally

7 unidentifiable remains be held in a location where

8 tribal participation is limited.

9 I sincerely feel that the NAGPRA review

10 committee recommends that a meeting be held in a more

11 central location in the lower 48 states to allow more

12 tribal comment and participation in all policies that

13 may affect the return of our people. To make any

14 final recommendations at this meeting will be a

15 blatant disregard to all tribes’ participation and

16 input and violate government-to-government

17 relationships, tribal sovereignty, and your trust

18 responsibilities.

19 I would like to state also, separate from this,

20 that this is no reflection against the tribes that

21 are located in the Alaskan country. It is just a

22 matter that I feel that in coming here I felt it was

23 good. This country is beautiful. Although this

24 country is beautiful and has a lot of resources and

25 you can appreciate it for what the people must have

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 215

1 had years ago. But today we’re in another society

2 and I feel that to be fair to the tribes in the

3 Southwest, tribes on the East Coast, tribes down in

4 the Northwest and plains countries, that a meeting

5 such as this, I hope that the committee and the

6 National Park Service and the Federal government

7 realize that it should be held in another location at

8 another time to continue on on this matter before a

9 decision is made.

10 I will continue. After listening to the

11 comments of the National Park Service representatives

12 regarding the Chaco Canyon dispute, it is inevitable

13 that NAGPRA is moved from the National Park Service

14 for the purpose of impartiality. The Fallon Paiute-

15 Shoshone Tribe feels that the NAGPRA review committee

16 was established to assist tribes and the Federal

17 Government in the process of the return of Native

18 Americans. By attending this session of the NAGPRA

19 review committee we sense that the scientific

20 society’s political relationship with the Federal

21 government will influence adverse policies and

22 override the intent of NAGPRA.

23 By the National Park Service agency’s refusal to

24 recognize the review committee’s recommendations, it

25 is evident that the review committee’s

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 216

1 recommendations are becoming nonbinding and

2 powerless. We are of the opinion that the

3 reorganization of the staff without input from the

4 review committee and the tribes is a demonstration of

5 yet another way to influence a compromise.

6 Yesterday there was repeatedly mention of

7 compromise, and it is our opinion, and I do believe

8 it is a number of tribes’ opinion, that I don’t think

9 if you look at it the way we look at it that you

10 could even begin to bring that word out of the

11 dictionary. It does not fit. In our beliefs, in our

12 traditional ways, there is no compromise for what

13 would be the outcome of skeletal remains, artifacts

14 or funerary objects. They are something that is as

15 sacred today as they were when that person was

16 buried. The word compromise is — it’s — I would like

17 the committee to look at that in a way where you can

18 analyze that for what does it really do in this case.

19 I will continue on. NAGPRA is human rights

20 legislation and is not compromise legislation.

21 Language must be drafted that supports immediate

22 repatriation of our ancestors without catering to the

23 interests of the scientific community. It is your

24 responsibility to develop recommended language in

25 that supports the intent of NAGPRA as human rights

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 217

1 legislation. Museums, universities and other Federal

2 agencies must comply with NAGPRA and shall repatriate

3 our ancestors immediately without any further

4 consideration and noncompliance of NAGPRA.

5 I would like to thank you for the opportunity to

6 update you on our efforts to repatriate the Spirit

7 Cave remains and for your help in bringing about

8 consultation with BLM. We will continue to keep you

9 advised and, if necessary, we will call upon you for

10 assistance. We may need to ask the committee to make

11 findings regarding the cultural affiliation of the

12 remains and objects found in Spirit Cave under

13 Section 8(c)(3) of NAGPRA or to facilitate a

14 resolution under Section 8(c)(4).

15 The Fallon Paiute-Shoshone Tribe would like to

16 publicly thank and acknowledge the contributions of

17 Dr. Tessie Naranjo and Dr. Martin Sullivan and wish

18 them well with their future endeavors. We would like

19 to acknowledge that we are glad that you have

20 traveled to hear the repatriation concerns of our

21 Alaska relations. We also ask that you respect the

22 concerns of our stateside relations that could not

23 travel and attend this meeting to hear and provide

24 testimony to the policy making decisions regarding

25 the disposition of our ancestors. That completes my

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 218

1 testimony.

2 MARTIN SULLIVAN: Thank you, Chairman Moyle. We

3 appreciate your coming and being with us very much.

4 ALVIN MOYLE: Thank you.

5 JOHN O'SHEA: Could we ask questions?

6 MARTIN SULLIVAN: If you wish, John. Sure.

7 JOHN O'SHEA: Could I ask a question?

8 ALVIN MOYLE: Yes.

9 JOHN O'SHEA: I was interested in one thing, in

10 reading the documents you sent us and in your

11 presentation today, you do make reference to DNA

12 samples. Were DNA samples collected?

13 ALVIN MOYLE: Not to our knowledge. What was

14 asked of us in a meeting that goes back to probably a

15 month before the Salt Lake City meeting, we were

16 asked by the state of Nevada BLM director of

17 different items that, you know, basically as I read

18 them off that he was going to require from us to

19 provide him with his — I guess you could say his

20 material that he would want to make a determination

21 or as far as the decision of the Spirit Cave remains.

22 And when he asked that, basically what he asked us to

23 do is to get into archeology, anthropology,

24 linguistics and so on, DNA and so on.

25 So we as the Fallon Paiute-Shoshone Tribe began

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 219

1 a search for scientists that were in those fields.

2 And in that search and in our findings, we did work

3 with a person by the name of Fredericka (name

4 inaudible) in that subject. The determination that

5 we find in there as far as DNA, as far as what the

6 DNA could be recognized up to a certain degree as far

7 as proving affiliation. But there is an area also

8 there that it cannot relate directly to the same

9 people because of the years span.

10 JOHN O'SHEA: But what I was curious about was

11 in your written statement today you make a claim that

12 the DNA evidence and the albumin evidence although

13 you suspect it, in fact, it’s consistent with your

14 claim. And I just wondered what evidence you’re

15 referring to there.

16 ALVIN MOYLE: Well, I was basically referring to

17 studies that she had made in the Great Basin.

18 JOHN O'SHEA: Okay. So it’s nothing directly

19 connected with the —

20 ALVIN MOYLE: Nothing directly to the remains,

21 no.

22 JOHN O'SHEA: And the one other thing I’d point

23 out is I don’t think you can blame the scientific

24 community for Chaco Canyon’s rejection of our Hopi

25 finding. I think if you were here yesterday, most of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 220

1 the scientific organizations specifically supported

2 the review committee’s findings in that case.

3 ALVIN MOYLE: That was probably when I went out

4 to take a break. Okay. I’ll retract that statement.

5 JOHN O'SHEA: Thank you.

6 ALVIN MOYLE: I thank you for listening to the

7 remaining part of my testimony.

8 MARTIN SULLIVAN: Thank you very much.

9 We’ll next — Armand, I’m sorry.

10 ARMAND MINTHORN: Mr. Moyle, I truly want to

11 thank you for being so persistent and so patient.

12 Starting way back at Silver Spring you’ve continued

13 to make testimony here before the committee on the

14 Spirit Cave man, and I truly appreciate the time, the

15 effort and the resources that you spent to have this

16 brought to our attention. And I truly appreciate

17 that. You know, throughout your testimony, you cite

18 all the things that the tribe has done to demonstrate

19 the cultural affiliation and I believe that your

20 efforts are well worth their intent, and I truly

21 believe that your efforts have made a cultural

22 affiliation determination, and it’s a matter now of

23 how these papers are going to be interpreted by the

24 BLM. And I truly hope that if there is any

25 assistance that the committee can do to assist you,

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 221

1 please don’t hesitate to ask. Don’t hesitate to

2 bring anything to our attention about this.

3 In your testimony you cited a request, that your

4 request is being reviewed by the BLM, the National

5 Park Service, the BIA and the Solicitor’s Office. I

6 guess my question for the Park Service is where is

7 this review at and where is it within the Solicitor’s

8 Office.

9 ALVIN MOYLE: Okay. On March 17th — excuse me.

10 CARLA MATTIX: The Park Service is not directly

11 involved in this case, nor is the BIA. The final

12 decision is going to have to be made by the Bureau of

13 Land Management. They are, however, consulting with

14 these other Interior agencies to, I think, make a

15 fully informed decision. I know that from the

16 Solicitor’s Office we’ll be discussing this actually

17 later this week. It’s my understanding we have a

18 meeting scheduled. And that’s as much as I can tell

19 you about the status of where this decision is.

20 ARMAND MINTHORN: Did you have something,

21 Mr. Moyle?

22 ALVIN MOYLE: I thought that first of all that

23 the question might have been directed toward me, but

24 I was going to explain that our meeting of December

25 or last month on March 17th that we had been informed

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 222

1 by the BLM state of Nevada director that our

2 submittals that were given to him were sent to the DC

3 office. And that he felt that — and he just told me

4 that the Department of Interior was going to be

5 reviewing our materials, but he did mention the

6 Solicitor’s Office also. So we felt, my putting the

7 BIA in my testimony was that I feel that the BIA

8 should be involved and I’m not sure if they are. But

9 we feel a trust responsibility there to our people,

10 not only our people but to all of the Native American

11 people. The BIA should be there supportive of that.

12 I did include that and I did intend to try to get

13 ahold of Kevin Gover on that subject.

14 DONNA COSSETTE: And also can the Fallon Tribe

15 also participate in that meeting or is it a closed

16 meeting?

17 CARLA MATTIX: It’s a closed meeting because

18 it’s with legal — involving legal council advice. I

19 don’t know about Kevin Gover’s office or the BIA, but

20 I do know that the Solicitor’s Office Division of

21 Indian Affairs is participating in the Solicitor’s

22 Office review. So to answer your question, that’s

23 what I can tell you.

24 ALVIN MOYLE: Thank you.

25 DONNA COSSETTE: We were never really informed

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 223

1 of who were the actual participants and who was

2 reviewing it. That’s the part we did not get an

3 answer to.

4 ARMAND MINTHORN: And then, Carla, when do you

5 expect the Solicitor’s Office review to be completed?

6 CARLA MATTIX: I can’t — I really don’t know the

7 answer to that. It’s not my specific case. BLM

8 attorneys would be completing the review, but we all

9 are going to meet this week to talk about it. I’m

10 sure they will have some formal review shortly

11 thereafter, but I can’t promise that.

12 MARTIN SULLIVAN: Jim.

13 JAMES BRADLEY: Just two quick follow-ups to

14 Armand’s question. First I want to also thank you

15 for coming. You’ve come to many meetings and I

16 remember when you first came to Santa Fe and thought

17 you’d get an answer, and I wanted to say, boy, I hope

18 you’re patient, and you have been patient and thank

19 you for that. It seems to me that we as a committee

20 are charged by the Secretary to look at the

21 implementation of this law and I realize that this is

22 not an issue directly for the Park Service now, but

23 the BLM, the Solicitor’s Office, the BIA are all

24 divisions of or all branches of the Department of the

25 Interior, and I think from that point of view it is

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 224

1 within our purview to try to track this and make sure

2 that these people get a timely review. So I would

3 ask you, John, if you would make sure this goes on

4 the action list and that you keep us apprised of the

5 status of this issue please.

6 JOHN ROBBINS: I will do my best.

7 MARTIN SULLIVAN: Lawrence.

8 LAWRENCE HART: I have a concern about Sharon

9 Long’s activity or action. If it doesn’t violate the

10 law, I think it borders on it, and is there anything

11 that can be done, Carla?

12 CARLA MATTIX: I think that BLM it sounds like

13 have attempted to work with the museum to prevent the

14 display of these busts and it sounds like this

15 particular person, I don’t know the details of this

16 incident at all, but she’s kind of taken upon herself

17 to make extra copies, and I’m not sure what the

18 status of her employment relationship with the museum

19 is, if she’s under contract, if there’s some term in

20 her contract that prevents her from doing this

21 activity or prevents her from copyrighting things

22 made under funding from her employment with the

23 museum. So I think you would have to look into the

24 nature of her relationship with the museum and there

25 might be some sort of — I don’t think there’s any

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 225

1 criminal provisions or even civil provisions that we

2 could pursue, but the museum might be able to pursue

3 something under, you know, cooperation with BLM. I

4 would have to look at it in a little more detail.

5 LAWRENCE HART: I would be pleased if something

6 would be attempted to rectify this.

7 MARTIN SULLIVAN: I think it’s situations that

8 many of us had been involved in. If this individual

9 had been an employee, she would not have a shred of a

10 claim to be able to do what she’s doing. So it may

11 come down to the nature of the contract that was

12 signed between her and the museum, which we haven’t

13 seen, but it certainly doesn’t appear to be

14 appropriate.

15 Okay. Thank you very much again, Chairman

16 Moyle.

17 ALVIN MOYLE: I would just like to add one more

18 statement, is that I appreciate the committee taking

19 the time to ask a few questions of me. I feel that

20 after hearing the questions that I have been able to

21 explain further and I appreciate your asking that.

22 And I will look forward to coming before you again if

23 and when this review is done. I do not feel that it

24 should be decided on by one person. I’m not sure if

25 it’s going to be one person or more people at the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 226

1 Department of the Interior. I do feel that the forum

2 that you have that I would be able to once more

3 appear on — I don’t want to appear forever, but I

4 would think that sooner or later our ancestor will be

5 returned. One ending statement to Mr. Bradley, in

6 saying that I’ve been at meetings repeatedly, I think

7 I stated at our first meeting that I will not stop

8 until he is returned. He is a part of us. Thank

9 you.

10 MARTIN SULLIVAN: We will hear next from

11 Chairman Norman Harry of the Pyramid Lake Paiute

12 Tribal Council.

13 NORMAN HARRY

14 NORMAN HARRY: Mr. Chairman, members of the

15 committee, I realize that we’re under time

16 constraints, so if the committee wishes, if you don’t

17 have a full agenda tomorrow and you want to end on

18 time today, you know, I would be more than glad to

19 provide my testimony tomorrow as well. So I will

20 leave that in your good hands.

21 MARTIN SULLIVAN: Well, I think we would prefer

22 to be able to hear from you now and finish it.

23 NORMAN HARRY: Thank you. Good afternoon,

24 Mr. Chairman and members of the NAGPRA review

25 committee. For the record, my name is Norman Harry

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 227

1 and I’m the tribal chairman for the Pyramid Lake

2 Paiute Tribe from northwestern Nevada. I bring

3 greeting from the Kueyuete Takuta Numu people

4 (phonetic) from Pyramid Lake and other tribes within

5 the Great Basin. I would like to first thank the

6 committee for allowing the opportunity to address our

7 concerns not only of our tribe but also express our

8 concerns of many of our brother and sister tribes

9 from the Great Basin. I want to thank our northern

10 Alaskan Native brothers and sisters for their

11 generous hospitality and warm welcome.

12 I have distributed to members of the committee a

13 written testimony and with letters of support from

14 many of the Great Basin tribes supporting not only

15 the Fallon Tribe but also the Pyramid Lake Paiute

16 Tribe as well. The Pyramid Lake Tribe has

17 continually monitored the actions of this committee.

18 We have also followed the Kennewick case very

19 closely, and we believe the decision from the

20 Department of the Interior in acknowledging that the

21 Kennewick remains were Native American was a very

22 significant, favorable decision for the tribes across

23 the nation. However, following this announcement, it

24 was very disappointing to learn that the Department

25 of the Interior also was going to allow DNA testing

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 228

1 to continue to determine affiliation.

2 The Pyramid Lake Tribe is watching these

3 decisions very closely as we have a vested interest.

4 We have an ancient relative, Wizard Beach remains,

5 which have also been determined to be over 9,000

6 years old. And just as you heard from Fallon Paiute-

7 Shoshone Tribe with their Spirit Cave remains, which

8 have also determined to be over 9,000 years old, our

9 present-day reservations are only 50 miles apart, but

10 our aboriginal boundaries were within the entire

11 Great Basin, which encompasses portions of six

12 western states. Both tribes will continue to work

13 together and have combined resources to have our

14 ancestors returned to their rightful place amongst

15 our people and our relatives.

16 In our opinion, the Department of the Interior

17 may be allowing a very bad precedent to be

18 established. As most DNA experts can testify that

19 DNA testing is not going to prove whether the

20 Kennewick remains are determined affiliated to be

21 Yakama, Colville or any of the other tribes

22 associated within this region. Our position on DNA

23 and other destructive analysis testing is reflected

24 in our written, our submitted written testimony. We

25 have also attached to the very last page an opinion

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 229

1 on the use of genetic analysis and cultural

2 affiliation determinations for your review and

3 consideration. And this is something we may want to

4 like to see incorporated into the principle and

5 agreement, and I’m going to read that for the record.

6 “The review committee having considered the

7 current abilities of the science of genetics or DNA

8 analysis is of the opinion that this science cannot

9 provide information that is helpful in determining

10 cultural affiliation. It is the opinion of the

11 review committee that in its current state, genetics

12 cannot provide sufficient evidence to even establish

13 significant possibility of biological relationship.

14 Further, biological relationship is not relevant to

15 determination of cultural affiliation because tribal

16 traditions do not require biological relationship for

17 cultural affiliation. Therefore, the review

18 committee hereby expresses its opinion that

19 information obtained by genetics or DNA analysis is

20 not relevant to determinations of cultural

21 affiliations provided for in subsection 7(a)(4) of

22 NAGPRA.”

23 Basically as stated earlier, we believe that

24 information from genetics or DNA testing is not

25 relevant to determinations of cultural affiliation.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 230

1 The geographic boundaries of our present-day

2 reservations were only recently formally established.

3 But we all know prior to colonization, our

4 traditional ancestors knew no boundaries. Our

5 ancestral people within the Great Basin traveled very

6 extensively and today we have relations throughout

7 the basin. I know this concept has been explained to

8 this committee on many occasions by tribes from

9 Alaska to Florida and all points in between. It

10 should be quite apparent by now to this committee the

11 traditional and spiritual values and beliefs are

12 consistent with our relations across North America.

13 As a tribal leader, it was very disheartening to

14 witness yesterday the National Park Service, the

15 Federal agency which oversees the authorization and

16 implementation of NAGPRA, to not take serious the

17 recommendations of your committee, specifically with

18 respect to the Chaco Canyon issue and the recent

19 restructuring of the regulatory authority of NAGPRA.

20 To sit in the audience and hear a very simple

21 question asked from your committee such as what is

22 the statute of limitations related to the violations

23 of the Act and to receive a response from the

24 director and a solicitor from the National Park

25 Service not getting a direct answer but in a

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 231

1 roundabout way saying I don’t know, leaves me with a

2 perception of frustration, disappointment and grave

3 concern.

4 The Pyramid Lake Paiute Tribe has taken very

5 aggressive measures in protecting our resources

6 within the exterior boundaries of our tribal lands,

7 specific to land, water, etcetera. Recently we have

8 taken on the mining industry in Nevada and the Army.

9 We will continue to protect our precious resources

10 for the next generation and beyond. The repatriation

11 of our ancestors are our most important resource and

12 we have committed to exhaust all available measures

13 to make this happen. We believe this is part of our

14 destiny. We have continually worked effectively in

15 cooperation with many other agencies to achieve

16 resolutions to significant issues but not

17 jeopardizing or compromising our traditional beliefs

18 and customs. We are here today to work with you. We

19 are also here today to express our concerns to

20 hopefully address issues we know will be major,

21 NAGPRA related issues and concerns in Indian country.

22 Yesterday, committee member, Mr. James Bradley,

23 will take an, quote, “up or down,” end quote, vote on

24 the PIA as an action item before the end of the

25 meeting. After yesterday’s announcement, we

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 232

1 respectfully request that the committee finalize your

2 position with respect to the proposed fifth draft of

3 the principles in agreement for publication into the

4 National Register so the many tribes who are not here

5 be allowed to review and submit their comments.

6 The National Park Service’s refusal to

7 acknowledge the guidance of the committee’s position

8 for consultation with tribes will set a bad precedent

9 for tribes as well, especially if they are currently

10 in negotiations with state agencies that may be in

11 the development of memorandum of agreements or

12 programmatic agreements to mitigate their issues.

13 The action by the NPS regulatory authority for

14 oversight and implementation of the Act sends an

15 exceedingly powerful message to other institutions

16 and agencies which may follow that example and limit

17 or possibly remove the effectiveness from your role

18 for dispute resolution. The Pyramid Lake Paiute

19 Tribe cannot and will not support granting standing

20 to the scientific community, as well as the museums,

21 for making decisions or a final decision with our

22 deceased relatives. That determination and

23 responsibility lies solely with the tribes.

24 We have many concerns and questions and I would

25 like to ask the committee, it was mentioned yesterday

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 233

1 that — I guess what I need to know who we can send

2 our letters to. I know we’re getting short on time.

3 But in closing I want to thank Tessie and Marty for

4 their commitment and dedication for volunteering

5 their time to this all important issue in Indian

6 Country. We wish you both the very best and may our

7 Creator watch over both of you. This will complete

8 my testimony and I will be available to answer any

9 questions the committee may have. Thank you.

10 MARTIN SULLIVAN: Thank you very, very much.

11 Committee members have questions?

12 I have one immediate response, which is one

13 we’ve discussed a lot, which is your question where

14 do letters go. And I think that given the concerns

15 that have been expressed by many people that the

16 Secretary of the Interior is probably the right

17 person to hear about the concerns. That is just

18 personal opinion.

19 NORMAN HARRY: Am I going to get an immediate

20 response? Is that a guarantee?

21 MARTIN SULLIVAN: I wish.

22 Jim.

23 JAMES BRADLEY: I want to thank you for your

24 comments. Let me make clear what the intent of my

25 comment was yesterday. I think it’s important that

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 234

1 after years of going back and forth on culturally

2 unidentifiables that before Marty and Tessie go,

3 because I don’t know how long it’s going to be before

4 they’re replaced and how soon it would take the

5 committee to get up and going again, I want us to try

6 to finish our work. And the recommendation we make

7 would then go the Park Service to go into the Federal

8 Register so that you can get comment. The last thing

9 we want is to try to expedite this process and hide

10 it from people. The sooner we get it in the Federal

11 Register, the sooner you have something to get back

12 to us on.

13 NORMAN HARRY: Thank you for your clarification.

14 MARTIN SULLIVAN: Tessie, did you have a

15 question?

16 TESSIE NARANJO: No, I’m just nodding in

17 agreement with Jim.

18 MARTIN SULLIVAN: Yes. Okay.

19 Armand?

20 Thank you very, very much.

21 NORMAN HARRY: Thank you very much.

22 MARTIN SULLIVAN: And we’ll hear next from

23 Pemina Yellow Bird.

24 PEMINA YELLOW BIRD

25 PEMINA YELLOW BIRD: (Native American language.)

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 235

1 I can’t believe that’s the last time I’m going to be

2 saying that to you, Marty and Tessie. It kind of

3 makes me miss you guys already. My name is Pemina

4 Yellow Bird. I’m an enrolled member of the Three

5 Affiliated Tribes, the Mandan, the Hidatsa and the

6 Arikara Nations. We come from the Fort Berthold

7 Reservation in northwestern North Dakota. First I

8 want to acknowledge those peoples whose homelands I’m

9 in and to acknowledge your chiefs, your spiritual

10 leaders and say thank you to you for hosting this

11 meeting and for having us here in your beautiful

12 country.

13 There is a thing, there is a thing that the

14 women in my people do among my people that we do to

15 honor people. It’s a small thing that we do, but

16 it’s a glad heart sound, it’s an honoring sound. And

17 I think about all the years, I think since 1992, I’ve

18 been following you guys around, I’ve been raising

19 Cain, we’ve had our disagreements, we’ve had

20 agreements. There has been a lot of living and a lot

21 of being human that has happened over the years that

22 as a human being I cannot ignore that, and I wanted

23 to honor that.

24 Many, many times I was grateful for the work

25 that you two have done for indigenous peoples on

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 236

1 these very important matters. There were a lot of

2 times when Marty would speak up for Native people,

3 and I didn’t expect you to do that, and there was a

4 lot of times, Tessie, you sat on a really hot seat

5 and you didn’t waver, and I really want to honor

6 those times. I hope you guys forget about the times

7 when we didn’t get along and that you were able to

8 remember the good, good things that happened, too,

9 the good things, the ways that we worked together.

10 And so I want to honor the both of you for what

11 you did for our people over all of these years. I

12 know your work was difficult. I know sometimes the

13 things I did and said made it more difficult. But I

14 want to make that little sound, do that little thing

15 that we do for those that we’re happy the Creator

16 gave you to us. (Native American language.) That’s

17 my glad heart sound. I say thank you to you for what

18 you did. Now let’s get to work.

19 As a member of my — back home, as you know, I’m

20 a member of the North Dakota Intertribal Reinterment

21 Committee, and that we represent all the tribes in

22 North Dakota. We are the official representatives of

23 our people, tens of thousands of tribal members on

24 the issues related to reburial and repatriation, and

25 I’m here representing them today. I’m also

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 237

1 representing the board of directors of the Indigenous

2 Peoples Council on Biocolonialism. And so what I

3 have to say represents these groups.

4 We are very concerned about the discussion we

5 listened to about the backlogs, very concerned. We

6 share the committee’s concerns. Certainly we have

7 claims in there that are gathering dust, that are

8 waiting, making our ancestors suffer. The longer

9 they sit on those shelves, the longer they suffer.

10 We’re very, very concerned about these backlogs and

11 the issues surrounding reconstruction or the

12 restructuring of this whole process. We have grave

13 concerns, grave worries starting with, you know, when

14 we became involved in the movement to remove Federal

15 regulatory authority from the office of the

16 Departmental Consulting Archeologist and put it

17 someplace else in another Federal agency that would

18 be neutral because it wasn’t managing lands. You

19 know, all of those things that we have asked for,

20 none of them have come to pass, not a single one.

21 It’s still in the Park Service.

22 The Park Service manages lands. The Park

23 Service has to comply with NAGPRA. We still have a

24 conflict of interest. I think a really serious one,

25 nothing personal. You have to get used to this.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 238

1 When people say things, don’t take it personally. I

2 should have started out with that. These guys don’t

3 know. It’s not personal about you. It’s not about

4 Kate Stevenson. It’s about the fact that the Park

5 Service manages lands that cradle the bodies of our

6 relatives. They cannot do so impartially. That’s

7 already been proven.

8 So we still have the same problems we started

9 out with. How is restructuring going to increase

10 those problems? I think it’s already happening. I

11 share, my people share the committee’s concerns about

12 continuity. What’s going to happen? We don’t even

13 have staff now that’s been working on this issue

14 that’s going to work on it in the future. I’m

15 hearing that we don’t even know what Dr. McKeown’s

16 role is going to be. What if he’s no longer working

17 on the national implementation of NAGPRA? What are

18 we going to do?

19 We sat here all day long yesterday and listened

20 to people say, I don’t know, I don’t know, I don’t

21 know. Myself, I don’t want to have my tribe spend

22 thousands of dollars sending me to meetings of this

23 committee to hear staffers say, I don’t know. I’m

24 really worried about that. I want to see some

25 continuity. We got to have staff working with us

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 239

1 that has a history with this issue. I’m really

2 worried about that. Only time will tell if this

3 restructuring is going to make things better or

4 worse. And you know what, in the case of our

5 ancestors, who I’m also sitting here representing

6 today, they don’t have a lot of time. They’ve been

7 suffering long enough.

8 We also have really great concerns about the

9 lack of aggressive pursuit of civil penalties and all

10 this forbearance nonsense. We have a regulatory

11 authority, who itself is supposed to be subject to

12 these civil penalties if they don’t comply with the

13 law, right? And what we’re saying is slap on the

14 wrist, one after another. Nobody is being penalized

15 for being out of compliance with the law. We have

16 these six institutions who are in a state of

17 forbearance. Why aren’t they being penalized? Why

18 do we have civil penalties? Why do we have a Federal

19 regulatory authority, if people are going to be

20 continually getting away with it.

21 We have really large, serious concerns about

22 that, particularly when that Federal regulatory

23 authority, an office, a district of it, can sit there

24 and thumb their nose at a recommendation this

25 committee makes. I’m talking, of course, about Chaco

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 240

1 Canyon. My people, our people in North Dakota, share

2 this committee’s concerns about that Karen Wade

3 letter. We fully intend to go to our Congressional

4 delegates and do something about that. What we don’t

5 know yet, but we are going to follow up on that,

6 because contrary to what the attorney from DOI says,

7 we do fear that it sets a very serious precedent that

8 all the rest of us are going to have to live with.

9 Not DOI, us indigenous nations, we’re going to have

10 to live with that. We have every right to interpret

11 that Karen Wade letter as a very serious, frightening

12 precedent. And I share your concern because, guess

13 what, we know how it feels to have Federal agencies

14 thumb their nose at us.

15 I have a real concern about what restructuring

16 is going to do to the grants monies. Are we going to

17 see a reduction in that? Are we going to see

18 reallocation of those monies? I mean, we’re talking

19 about a drop in a bucket to begin with, $75,000 to

20 implement NAGPRA? Our tribes in North Dakota without

21 any NAGPRA money, or very little of it. Standing

22 Rock is the only one that’s received a NAGPRA grant

23 for repatriation. We’re — we’ve managed to rebury

24 over 5,000 of our dead. That sounds like a lot until

25 you realize that we have thousands more to go.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 241

1 Should our tribes continue to bear the burden of

2 costs associated with locating, claiming, fighting

3 for, bringing home and reburying our ancestors? I

4 don’t think so. I don’t think so. So I’m real

5 concerned about the reallocation of those grants

6 monies, and I want to bring that up today to get it

7 on the record. And I’m also going to be talking to

8 our tribal governments about that and our

9 congressional delegates. Those monies need to be

10 increased, not decreased.

11 I want to take a look at the draft principles of

12 agreement. The draft I’ve got is draft 5. I

13 understand you’ve already moved some stuff around and

14 changed that. So if what I’m saying is already

15 obsolete, let me know or I guess I’ll find out in the

16 discussion in the morning. Right? But I just wanted

17 to share the concerns that I have so far. This won’t

18 take very long.

19 On the first page, go — oh, first of all, I’m

20 going to finally remember to do this right. I’m

21 going to tell you what I like about these draft

22 principles of agreement first, instead of complaining

23 first. There’s a lot of things in there I like.

24 There’s a lot of language in there. I can see that a

25 great deal of work and effort has gone in there to

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 242

1 acknowledge that the law was passed to protect the

2 interests of Native people and not the interests of

3 science. The plain meaning in the statute’s title

4 acknowledges that. I really like that. I really

5 like that, along with a lot of other stuff. But I

6 guess in the interests of time, and I’m very serious

7 when I say this, I’ll just say the stuff I don’t

8 like. Okay? I’m not trying to make a joke. There’s

9 a lot of really good things in here, and I really

10 want to thank you, Jim, for your hard work and that

11 of the committee for polishing, for listening to us,

12 going back to them again and working on them some

13 more.

14 And now I’m looking at 3 on the first page, “The

15 legal standing of funerary objects associated with

16 culturally unidentifiable human remains is not

17 addressed by NAGPRA.” Yesterday, was that you,

18 Marty, that said however once Native remains become

19 culturally affiliated through the consultation

20 process, it naturally follows that these funerary

21 objects will become culturally affiliated as well.

22 And I would like to propose that an additional

23 statement be made that they are, after all, the

24 property of the dead, and if the dead have been

25 culturally affiliated why are we even worrying about

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 243

1 who owns these funerary objects. They have always

2 been, they will always be the property of the dead,

3 not anybody else’s. That’s coming from a Native

4 perspective and it’s one that I think is necessary

5 here.

6 Under 4.a, the process gives primary

7 consideration, you said yesterday to the views of

8 Native people. I would like to take that a little

9 bit longer, a little bit further I mean, to the views

10 and needs, the repatriation needs of Native people.

11 That’s what it’s all about. It’s what we need out of

12 this. Not just our views and our beliefs, our

13 spiritual values, but what we need out of this whole

14 process.

15 The next page, under 5, I would like to add some

16 language that avoids any implication that any

17 standing is being granted to the science and museum

18 community beyond what the statute says. I would like

19 to avoid any even the slightest chance of that

20 happening. And so I would like to propose that

21 language be added that very concisely states the

22 specific way in which science and museum communities’

23 interests are addressed in the statute. It’s very

24 specific. It’s very restrictive, and it’s only in

25 those cases where major benefit to the United States

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 244

1 has been established. I would like that in there

2 instead of the statute acknowledges the legitimate

3 need to return control over remains to Native people

4 and the legitimate public interest in the

5 educational, historic and scientific information

6 conveyed by those remains and objects. The statute,

7 I’m afraid, the way I look at it, doesn’t acknowledge

8 a legitimate public interest. It acknowledges in a

9 very specific manner one way in which scientific

10 study may be conducted, and I would like it kept very

11 specific like that. All of us would.

12 Under B, culturally unidentifiable human

13 remains, B.1, the last sentence, in keeping with a

14 philosophy that Native peoples’ views and needs be

15 given primary consideration, I would like you to

16 switch the statements in that last sentence. I would

17 like it to read like this, “This determination must

18 be made in consultation with any appropriate Indian

19 tribes or Native Hawaiian organizations and through a

20 good faith evaluation of all relevant and available

21 documentation.” Switch it, put Native peoples’

22 perspective first. A small point, but it means a lot

23 to us.

24 Under 2, I would like to add in the first

25 sentence the following language, well, I’ll read the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 245

1 sentence, “A determination that human remains are

2 culturally unidentifiable may change to one of

3 cultural affiliation as additional information

4 becomes available through ongoing consultation, joint

5 intertribal claims, or any other source.” It’s

6 through the process of coalitions, regional

7 intertribal coalitions of tribes coming forward and

8 making claims that this additional information is

9 made available. We make these joint claims based

10 upon, as you know, a preponderance of the evidence.

11 And it’s through that evidence being presented that

12 this new information comes to light, cultural

13 affiliation is established, everybody goes home,

14 right? That’s why I would like to add that language.

15 Under 3, I have to first say that our tribes

16 continue our protest of the categorization of

17 unaffiliated Native remains. We continue to assert

18 that ancestors of peoples who simply don’t have

19 Federal recognition cannot be regarded as

20 unaffiliated. They’re affiliated. They’re just

21 affiliated with indigenous peoples who don’t happen

22 to have Federal recognition. And I’m glad that that

23 point has been made in here, but I still got to

24 protest their inclusion in unaffiliated, because

25 they’re not unaffiliated.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 246

1 We also continue to protest — I’ll let you know.

2 I see that you changed from archeological

3 populations. You changed from past populations. Now

4 you’re saying a defined earlier identifiable group,

5 but you’re still saying they don’t have any

6 descendants because they’re extinct. That’s a

7 Eurocentric notion, a foreign notion that is not

8 aligned with the way Native peoples look at

9 themselves, look at ourselves. I have yet to hear of

10 a Native account of an extinct tribe. That extinct

11 business comes from non-Native people. That isn’t

12 about us. It’s about people who came here to our

13 homelands and are looking at us with a foreign value

14 system, a foreign paradigm that doesn’t apply to us.

15 But protests being submitted, you guys have it in

16 here, I’m going to comment on what you have in here.

17 Three, “An agency or museum determination that

18 human remains are culturally unidentifiable may occur

19 for different reasons.” At this point I feel the

20 need to also reiterate that the word, you know, it’s

21 at this point unaffiliated status is unproven. It’s

22 unproven. That’s only the museum’s word, the Federal

23 agency’s word, that’s their determination they’re

24 unaffiliated. Native people haven’t had a chance yet

25 to weigh in. I think it’s real important that that

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 247

1 be pointed out there in these principles as a

2 guidance for people who are reading this. When you

3 get to that point, these agencies make that

4 determination but that doesn’t mean Native people are

5 going to agree with you. Right? That needs to be

6 pointed out there.

7 Under 3.b, “Those which represent a defined

8 earlier identifiable group, but for which Federal

9 agencies or museums have determined.” I would like

10 you to add within necessarily limited methods. Those

11 determinations are based on methods that are limited,

12 they’re speculative, they’re conjecture. We’re not

13 dealing with fact at this point. That needs to be

14 pointed out because otherwise these principles are

15 going to be misleading if people are using them for

16 policy guidelines. They’re not dealing with fact,

17 and they won’t be until they sit down and start

18 consulting with tribes.

19 I really want to at this point repeat what that

20 grandmother said yesterday about the remains, how do

21 you find out who they are, where they’re from? Where

22 they’re from is where they were buried. Where they

23 were buried are the aboriginal homelands of some

24 people. That determines where they’re from, who they

25 belong to. That determination isn’t made until those

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 248

1 agencies talk to us in consultation. It’s real

2 important to point that out.

3 Under, let’s see, what is that, 3, yes, after

4 3.c or in 3.c, excuse me, “Those for which a Federal

5 agency or museum believes that evidence is

6 insufficient to make a determination,” I like that

7 language. I wanted to support that. You guys were

8 saying that yesterday. I hope you keep that the way

9 it is. And I hope you also add a statement that says

10 unaffiliated, when that determination is made by a

11 museum, it’s a temporary determination. It’s likely

12 to change, and in the Northern Plains it’s going to

13 change when that agency sits down to talk with our

14 tribes. That needs to be made really clear so

15 there’s no confusion, no ambiguity.

16 Okay. And let’s go down to under documentation,

17 the fun part. You know, I’m confused about this,

18 Jim. Can you clarify this for me? I thought you

19 guys took out that section. Then these folks said no

20 later they put it back in. That’s where it starts,

21 the sole exception is when. Did you take that out,

22 did you put it back in? Under 3 or 4.b, the second

23 sentence, “The sole exception is when completion of a

24 specific scientific study.”

25 JAMES BRADLEY: We’ve taken a bunch of that out.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 249

1 I don’t have my copy in front of me, but that’s a

2 section that’s had a lot of work done on it since

3 that version.

4 PEMINA YELLOW BIRD: So that’s really changed?

5 Well, you know what, you know what I would like to

6 see in there, you know what our people would like to

7 see in there, will somebody please tell us to whom do

8 scientists offer their standard of proof to show that

9 their study is going to be of major benefit to the

10 United States. Who do they offer their standard of

11 proof? What is their standard of proof? What kind

12 of input are tribes going to have in this standard of

13 proof business? The law is silent on that. We

14 really would like to have that question answered.

15 Maybe you’re working on it. Maybe this is

16 something we can all discuss or listen to you guys

17 talk about tomorrow. But us tribes, we’re asking

18 that question out there, to whom are these scientists

19 going to offer their standard of proof? Is it going

20 to be to tribes? We think it should be to us. We

21 think we should have some say in that. After all,

22 this is our dead that we’re talking about. We should

23 have some say in that. We should have the right to

24 concur or deny. To whom are they going to offer this

25 standard of proof and what is their standard of

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 250

1 proof? How are they going to prove that their study

2 is of major benefit, particularly when the bulk of

3 that study is based on speculation and conjecture.

4 Good question.

5 Okay. Under documentation, excuse me, 4.d,

6 “Documentation prepared in compliance with the

7 statute is a public record.” You’re aware that a lot

8 of that documentation discusses the origin of

9 burials. You’re aware that in many cases the origin

10 of burials are village sites or sites that contain

11 other burials. That language should not be public

12 record. Anything that will reveal the location of a

13 burial, original burial site should not be a matter

14 of public record. And I think that there should be

15 an exception in these principles of agreement for

16 that. I’ll tell you why, up in my country, the

17 Missouri River, the Northern Missouri River, they’re

18 expecting 30 million visitors for the Lewis and Clark

19 Extravaganza, 30 million visitors to the Missouri

20 River. Already there’s been lots of archeological

21 studies done on sites related to my people along the

22 Missouri River. I don’t want any one of those 30

23 million visitors being given access to those sites

24 that exist and that continue to hold burials because

25 they will be being looted. See, there’s a reason why

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 251

1 we got to protect that information. The public

2 should not have it.

3 Just today, I learned of a situation at Standing

4 Rock Sioux Tribe where four separate looters were

5 caught, were arrested, and their equipment

6 confiscated because they were digging graves there

7 from a Mandan village, my peoples. Just today I

8 learned that. So even without the 30 million

9 tourists coming for Lewis and Clark, we already have

10 a problem with looting of these ancient village

11 sites, and so that that information needs to be

12 protected and not made a part of the public record.

13 I realize the rest of it’s in the statute otherwise I

14 would disagree with any of it being made a part of

15 the public record. Any information about our

16 ancestors’ skeletal remains is only going to be

17 exploited by the science and museum industries who

18 make a pretty darn good living studying our dead all

19 without our permission, all of which flies in the

20 face of our original instructions and teachings and

21 violates our dead. For the record, I will resubmit

22 that protest although I know the statute provides for

23 that.

24 Finally, under D, models for disposition — well,

25 I guess it’s not really finally. We’re almost there.

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 252

1 D, models for the disposition of culturally — I’d

2 like to add the word proposed, proposed models, and

3 I’ll tell you why. Already Frank McManamon has

4 created extra legal hoops for tribes to jump through

5 when making joint intertribal claims to unaffiliated

6 remains that are not found in the statute. I notice

7 you guys quote University of Nebraska Lincoln, joint

8 claim in here. We have a big hassle because of Frank

9 that’s not found in the statute, and yet he’s telling

10 us we have to — he’s told us we have to do it.

11 The woman our tribes were working with at UNL,

12 Priscilla Grew, remember Dr. Grew? She sent a letter

13 to the review committee stating that the Omahas are

14 going to be the ones to go and repatriate, actually

15 repatriate the remains. She should not have told you

16 that. First of all, it was none of her business to

17 decide who is going to be the ones to go and get

18 them. That’s our tribe’s business to decide, but she

19 made that decision and put it in that letter. Since

20 that letter was sent to you guys, since you approved

21 our joint claim, Frank told us subsequently if the

22 Omahas don’t go pick those remains up you guys aren’t

23 getting them back. It has to be the Omahas, because

24 that’s what was in the letter.

25 I talked to this guy on the phone and Priscilla

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 253

1 Grew about it. He said that our only recourse,

2 because — and here’s the hang up, the Omahas are not

3 going to be the ones to go and literally physically

4 pick up the remains. They’re not going to be the

5 ones to go and do that. It’s going to be somebody

6 else, one of our 15 tribes in our joint claim. But

7 because Dr. Grew put that in the letter, because

8 Frank made this determination, if we want to get

9 those ancestors out of UNL when, you know, we finally

10 get through the backlog of NOIs, guess what we have

11 to do, we have to come back before you guys and make

12 another request. That’s what Frank said. Yes. I

13 don’t like that. That’s not in the statute. That’s

14 creating extra hoops for tribes to jump through.

15 That’s big brother telling us who can repatriate and

16 who can’t, and I don’t think that’s big brother’s

17 job.

18 So because we had this hassle, because there’s

19 other hassles associated with another joint claim

20 that our tribes are making with Bureau of

21 Reclamation, Frank’s making extra hoops there too. I

22 don’t know if he still can now. I don’t know how

23 that’s going to work or if all Frank’s hoops are

24 going to disappear or if we’re going to have to still

25 live with him. I don’t know, you know. I’m saying

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 254

1 make this proposed models. Don’t be telling tribes

2 how we’re going to conduct our business. We already

3 know how to do that. We already know what to do. We

4 already got the agreements among ourselves, see.

5 Okay. Thank you. That’s that.

6 Okay. Under 2, joint recommendations from

7 regional consultations, again, I’ve got a problem

8 with big brother telling us what to do. Under b, the

9 review committee recommends a process in which, 1,

10 Federal agencies, museums and Indian tribes define a

11 set of regions. Federal agencies and museums don’t

12 have to be a part of that. That’s up to us to decide

13 what region we’re going to belong to, and in fact,

14 it’s already been done. There are already dozens of

15 regional intertribal coalitions brought together for

16 the express purpose of making joint intertribal

17 claims of unaffiliated Native remains that come from

18 our collective aboriginal homelands.

19 We’ve already decided what regions there are,

20 and we’re basing that loosely upon the regions the

21 BIA has divided us up into. It’s already been done.

22 It’s already done. So you might as well take that

23 out. But what I would like to see you add in there

24 is that a tribe can belong to more than one

25 coalition. You started to acknowledge that when you

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 255

1 talked about tribes being forced to relocate, like

2 all of those southeastern tribes, a lot of them are

3 no longer in their aboriginal homelands. A lot of

4 them are, you know, put in Oklahoma. But they can

5 belong to more than one coalition depending on where

6 their ancestors are buried, right? And so that needs

7 to be part of that, just to facilitate things, make

8 things easier.

9 And I would like to see all the language in 3

10 and 4 taken out altogether, simply because a regional

11 consultation meeting should be open to any party with

12 a legitimate interest in disposition. No, sir. The

13 institution that has unaffiliated remains needs to

14 meet with those indigenous nations who are affected

15 by this joint intertribal claim and that’s it. SHPO

16 doesn’t need to be there if we’re not talking about

17 remains that came from state lands. State

18 archeologist doesn’t need to be there if we’re not

19 talking about remains that came from state lands.

20 And Federals don’t need to be there if we’re talking

21 about remains that came from state lands. We’re

22 talking a SHPO and state archeologist then.

23 We know who we’re supposed to consult with in

24 other words. We don’t need to — we don’t want that

25 process open to just anybody. That’s private. It’s

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 256

1 painful enough. It’s difficult enough dealing with

2 just SHPO or dealing with just the Corps of Engineers

3 and their archeologist. We don’t want it opened up

4 to everybody that wants, that has an interest. And

5 for that reason, we’re asking you to strike that

6 language. That’s too controlling. It’s up to us to

7 decide who we have to talk to. We’re sovereign

8 nations. We make that determination.

9 The review committee may elect to facilitate

10 regional consultation meetings as part of their

11 regular meeting cycle. That’s great. That’s great,

12 but do you want to make that part of this guidance?

13 If you’re going to be meeting say in Alaska, bring

14 all the Alaska tribes together, have a regional

15 meeting. That’s great. I like that, but I don’t

16 know about making it part of these guidelines, these

17 principles of agreement.

18 And there was one thing that I skipped over. I

19 can’t find where it is. Oh, yes, under b.2, the word

20 stakeholders. I would like that word to be struck

21 and another word to be found for that. Stakeholders,

22 it reminds me of Wall Street. We’re not talking

23 about financial stuff here. We’re talking about our

24 dead.

25 MARTIN SULLIVAN: How about parties with

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 257

1 standing?

2 PEMINA YELLOW BIRD: Why can’t you just say

3 within each region Federal agencies, museums and

4 Indian tribes consult together? Stakeholders, huh-

5 uh. We’re not stakeholders. Us guys here are

6 children of those who are suffering. We’re not

7 stakeholders. We’re their relatives.

8 I brought a resolution along today that my tribe

9 passed today dealing with opposition to DNA study.

10 Rather than read it to you and take up more time,

11 I’ll make some copies once I get a signed copy and

12 I’ll send it to you. Okay? This is also in support

13 of the testimony delivered by the Chairman of the

14 Pyramid Lake Paiute Tribe today and the Fallon

15 Paiute-Shoshone Tribe. I’ll put this in the mail to

16 you. It’s an official notification of our opposition

17 to DNA studies based upon their speculative nature

18 and the violation, the continued violation of our

19 dead.

20 After all of this, you know, the greatest

21 concern after all of these years of following you

22 guys around, you’ve heard me say this many, many

23 times, it bears repeating, the greatest concern of

24 the people, of the tribes in North Dakota and I can

25 say all the upper Missouri River tribes is the

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 258

1 apparent direction this committee persists in taking

2 in granting standing to the science and museum

3 industries in the decision of the ultimate fate of

4 our ancestors. And it bears repeating. That’s why

5 my tribe spent thousands of dollars to send me here

6 to tell you these people have nothing to say about

7 the fate, the destiny, of our dead. They have no

8 standing in this decision. Their needs are not to be

9 considered. Their interests are not at stake here.

10 They lost the debate on levels of scientific

11 study ten years ago when the law was passed and have

12 ever since been trying to restage that debate that

13 they lost a long time ago. Their status quo was

14 forever altered. No more can they help themselves to

15 the contents of our burials. No more can they

16 subject our dead to violation and abuse. No more can

17 they make them wander pitiful and crying and lost.

18 For once and for all, we are looking to you to

19 do the right thing by these old ones. Do the right

20 thing. Put yourselves in our shoes, you non-Native

21 members. What if that was you coming to our

22 committees, begging us, trying to get us to

23 understand when it’s your dead that’s being violated,

24 when it’s your spiritual beliefs that are being

25 ignored and trampled on for the sake of our science

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 259

1 because we say we have a right to study them, because

2 we want them to tell stories that you don’t want to

3 hear about your dead.

4 We don’t want to hear physical anthropologists’

5 stories. We want them back in the ground. Those

6 people have nothing to say that’s of any value to us.

7 All we know is that they’re crying. All we know is

8 that they’re suffering. All we know is that their

9 suffering affects us here in this world, and it’s

10 going to continue until they are back in the earth.

11 And all these years we’ve been saying the same thing

12 to you.

13 Now, you’re ready to do an up or down vote,

14 you’re ready to declare your positions on

15 unaffiliated remains. When you’re doing that, you

16 don’t forget the many hundreds of Native people who

17 have come before you and cried and humbled themselves

18 to you and begged for peace for their loved ones,

19 begged for dignity and reminded you that the science

20 and museum industries don’t have anything to say when

21 it comes to deciding what happens to our dead.

22 That’s our job, not theirs.

23 (Native American language.) Great thanksgiving

24 for listening to me today. (Native American

25 language.)

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298 260

1 MARTIN SULLIVAN: Thank you, Pemina. We are, I

2 think, finished. We are expected to be at the

3 Sealaska reception, I think, right away. So we’ll

4 conclude the meeting for today and we will see you

5 tomorrow morning.

6 MEETING RECESS

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Lesa K. Hagel Word Processing Rapid City, South Dakota (605) 342-3298