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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 Tlingit 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 Vancouver, 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 Southeast Alaska, 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.