1 NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REVIEW COMMITTEE MEETING AUGUST 21-22, 2019 FAIRBANKS, ALASKA Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 2 NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REVIEW COMMITTEE MEETING 9:00 a.m. August 21-22, 2019 Arnold Espe Multimedia Auditorium University of Alaska Museum of the North Fairbanks, Alaska COMMITTEE MEMBERS PRESENT: Mr. Patrick Lyons, Chair Mr. John Beaver Ms. Heather Edgar Ms. Honor Keeler Mr. Barnaby Lewis Mr. Frank McManamon Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 3 TABLE OF CONTENTS CALL TO ORDER – AUGUST 21, 2019 ....................... 5 INVOCATION ........................................... 11 WELCOME .............................................. 16 ACTION ITEM: SELECTION OF REVIEW COMMITTEE CHAIR ..... 18 REPORT: NATIONAL NAGPRA PROGRAM ...................... 21 BREAK ................................................ 63 PRESENTATIONS ........................................ 64 U.S. DEPT. OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, ALASKA ............................................. 64 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ........ 75 U.S. DEPT. OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS . 97 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ....... 117 LUNCH ............................................... 124 GREETING ............................................ 124 ACTION ITEM: RECOMMENDATION ON DISPOSITION REQUESTS . 131 UNIVERSITY OF CALIFORNIA, SANTA CRUZ ............... 132 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ....... 155 REVIEW COMMITTEE MOTION ......................... 175 PUBLIC COMMENT ...................................... 181 BOB SAM, SITKA TRIBE OF ALASKA ..................... 181 ACTION ITEM: SUBCOMMITTEE DISCUSSION ................ 189 MEETING RECESS ...................................... 213 CALL TO ORDER – AUGUST 22, 2019 ..................... 214 PRESENTATIONS ....................................... 215 SAM NOBLE OKLAHOMA MUSEUM OF NATURAL HISTORY ....... 215 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ....... 222 U.S. DEPT. OF THE INTERIOR, BUREAU OF RECLAMATION ... 225 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ....... 230 U.S. DEPT. OF THE INTERIOR, INTERIOR MUSEUM PROGRAM . 242 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ....... 256 BREAK ............................................... 276 Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 4 PRESENTATIONS ....................................... 277 U.S. DEPT. OF AGRICULTURE, FOREST SERVICE .......... 277 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ....... 289 UNIVERSITY OF DENVER MUSEUM OF ANTHROPOLOGY ........ 302 REVIEW COMMITTEE QUESTIONS AND DISCUSSION ....... 309 LUNCH ............................................... 330 PUBLIC COMMENT ...................................... 331 MATT GANLEY, BERING STRAITS NATIVE CORPORATION ..... 331 JOSHUA REUTHER, UNIV. OF ALASKA MUSEUM OF THE NORTH . 334 BOB SAM, SITKA TRIBE OF ALASKA ..................... 337 JAYNE-LEIGH THOMAS, INDIANA UNIVERSITY ............. 339 MEGON NOBLE, UNIVERSITY OF CALIFORNIA, DAVIS ....... 339 LOURDES HENEBRY-DELEON, CENTRAL WASHINGTON UNIV. ... 346 ANGELA NELLER, WANAPUM HERITAGE CENTER ............. 352 JAYNE-LEIGH THOMAS, INDIANA UNIVERSITY ............. 356 JAN BERNSTEIN, BERNSTEIN AND ASSOCIATES ............ 357 ANGELA GARCIA-LEWIS, SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY ......................................... 361 KARA HURST, U.S. DEPT. OF THE INTERIOR, BUREAU OF RECLAMATION ....................................... 368 KEN PRATT, U.S. DEPT. OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, ALASKA ................................... 371 TRADITIONAL CLOSING ................................. 374 ACTION ITEM: OUTSTANDING MEETING ITEMS .............. 379 FUTURE MEETINGS ................................... 379 REVIEW COMMITTEE’S REPORT TO CONGRESS .............. 388 CLOSING COMMENTS .................................... 413 MEETING ADJOURNED ................................... 415 Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 5 1 CALL TO ORDER – AUGUST 21, 2019 2 MELANIE O’BRIEN: Good morning, everyone. My 3 name is Melanie O’Brien. I am the Designated Federal 4 Official to the Native American Graves Protection 5 and Repatriation Review Committee. I’d like to 6 welcome the Review Committee members, the National 7 NAGPRA Program staff, and all in attendance here at 8 this, the 65th meeting of the NAGPRA Review 9 Committee. 10 Before I call the meeting to order, I would 11 like to start with some thanks. I would first like 12 to extend a very heartfelt thank you to the Alaska 13 Native peoples on whose lands we are meeting today. 14 The interior of Alaska is the traditional homeland 15 of a diverse Athabascan peoples, one of the seven 16 different culture groups here in Alaska. I’m pleased 17 that we were able to hold this meeting here in 18 Fairbanks, for the first time the Review Committee 19 has come to the interior of Alaska. 20 I would also like to express my appreciation to 21 our partners for this meeting, the University of 22 Alaska Museum of the North. The museum staff have 23 worked exceptionally hard to ensure the success of 24 this meeting. The staff include Joshua Reuther, 25 Angela Linn, Jake Sirevaag, and Scott Shirar. Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 6 1 I would also like to thank the audiovisual 2 company, Alaska Universal Productions, who are 3 helping today with the webcast. Both today and 4 tomorrow, these proceedings will be broadcast 5 online. I encourage all of those of you here to 6 please spread the word to those that you know who 7 might be interested in viewing this meeting but were 8 unable to attend. There is a link on the National 9 NAGPRA Program website, as well as on our Facebook 10 page, to each session of the meeting. And to 11 everyone tuning in from home, thank you for joining 12 us online. Hi, Mom! 13 A note to those in our audience today, please 14 make sure that you are on our attendee list at the 15 registration table, and please check in each day of 16 the meeting. You’ll find a copy of the agenda on the 17 registration table, and you will see that we have 18 three scheduled opportunities for public comment 19 during this meeting. The Review Committee is very 20 interested in receiving comments on progress made 21 and any barriers encountered in implementing NAGPRA. 22 The Committee is especially interested in hearing 23 from those of you who work on NAGPRA here in Alaska. 24 If you’re interested in providing public comment, 25 please let me know during a break. Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 7 1 This meeting is being held under the Federal 2 Advisory Committee Act and its implementing 3 regulations. FACA requires meetings be held in 4 public at reasonably accessible locations and 5 convenient times with adequate advance notice for 6 each meeting published in the Federal Register. This 7 meeting was noticed in the Federal Register on July 8 5th, 2019. FACA requires the Committee have a valid 9 charter, renewable every two years. The current 10 Review Committee charter was filed on November 1st, 11 2018. 12 FACA further requires that committee membership 13 be fairly balanced in terms of points of view 14 represented and functions to be performed. To 15 achieve this, Congress established this Review 16 Committee with seven members. Three members 17 nominated by Indian Tribes, Native Hawaiian 18 organizations, and traditional religious leaders, 19 with at least two of these members being traditional 20 Indian religious leaders. Three members are 21 nominated by national museum organizations and 22 national science organizations. One member is 23 appointed from a list of persons developed and 24 consented to by all of the other members. Members to 25 this Review Committee are appointed by the Secretary Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 8 1 of the Interior and serve as advisors to the 2 Secretary on NAGPRA-related issues. 3 The purpose of this Review Committee is to 4 monitor and review the implementation of the 5 inventory and identification process and 6 repatriation activities under Sections 5, 6, and 7 7 of the Act. Under 25 USC 3006, the Review Committee 8 is charged with this purpose to ensure a fair and 9 objective consideration and an assessment of all 10 relevant information and evidence. In addition, the 11 Review Committee is responsible for reviewing and 12 making findings of fact related to the identity, 13 cultural affiliation, or return of cultural items 14 upon the request of an affected party. The Review 15 Committee is also charged with facilitating the 16 informal resolution of any disputes around the 17 repatriation of NAGPRA cultural items. 18 The Review Committee is responsible for 19 recommending specific actions for the disposition of 20 certain human remains and for consulting with Indian 21 Tribes, Native Hawaiian organizations, and museums 22 on matters within the scope of work of the 23 Committee. Finally, the Review Committee is also 24 responsible for reporting to Congress on the 25 progress and any barriers encountered in carrying Lesa Koscielski Consulting Rapid City, South Dakota (605) 342-3298 9 1 out its responsibilities. 2 With that as an introduction, the 65th meeting 3 of the NAGPRA Review Committee is called to order. 4 I’d like to start with a roll call of the Committee 5 members, if you could please respond by saying 6 “here.” 7 John Beaver? 8 JOHN BEAVER: