University of Southern Maine USM Digital Commons Maine Collection 1-2000 LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs Maine Historic Preservation Commission Follow this and additional works at: https://digitalcommons.usm.maine.edu/me_collection Part of the Archaeological Anthropology Commons, Criminal Law Commons, Cultural Heritage Law Commons, History Commons, Indian and Aboriginal Law Commons, Indigenous Studies Commons, and the Land Use Law Commons Recommended Citation Maine Historic Preservation Commission, "LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs" (2000). Maine Collection. 62. https://digitalcommons.usm.maine.edu/me_collection/62 This Book is brought to you for free and open access by USM Digital Commons. It has been accepted for inclusion in Maine Collection by an authorized administrator of USM Digital Commons. For more information, please contact [email protected]. LD 1028 -PROTECTION OF INDIAN ARCHAEOLOGICAL SITES REPORT TO THE STANDING COMMITTEE ON APPROPRIATIONS AND FINANCIAL AFFAIRS Arthur Spiess, Archaeologist Maine Historic Preservation Commission with Representative Donald Soctomah January,2000 LD 1028-Protection ofIndian Archaeological Sites 1 INTRODUCTION In the spring of 1999 the 119th Legislature passed the following Resolve requiring study of the issue of looting and vandalism ofNative American archaeological sites, and preparation of a report recommending solutions: 119th LEGISLATURE LD1028 Resolved: That the Maine Historic Preservation Commission and the Representatives ofthe Penobscot Nation and the Passamaquoddy Tribe jointly shall conduct a review of the threats toNative American archaeological sites from looting and vandalism and report their recommendations for implementing a monitoring or stewardship program for site protection and preservation. The review must also involve the following law enforcement agencies: the Maine Warden Service, the Maine Forest Service, the Bureau ofMarine Patrol and local and state law enforcement. The review must also involve the Native American community and other interested parties. To fulfill this legislative charge, Arthur Spiess held a series of meetings with Representative Donald Soctomah in August and September, 1999, and 'Spiess, Soctomah and Representative Donna Loring met on September 8, 1999. Spiess met with the state law enforcement agencies mentioned in the legislation or held discussions over the telephone during September through December, 1999. Donald Soctomah presented the legislation to inter-tribal meetings for discussion. Comments were sought from the Board of the Maine Archaeological Society. This report is organ­ ized to ( 1) present the re­ source and scope of the problem, (2) review the existing laws, (3) discuss the options of site monitor­ ing or stewardship and how they are practiced currently in Maine and elsewhere, (4) present our discussions with law enforcement, and ( 5) make recommendations to the Legislature. Native American fire hearth, about 1000 years old, in shell midden. Photo courtesy of the Maine State Museum. LD 1028-Protection ofIndian Archaeological Sites 2 THE RESOURCE There are about 7000 Native American archaeological sites known in Maine at present. Archaeologists place these in prehistoric (pre-written record or pre 1500 AD) and Contact period (after European arrival and written records) categories. Based upon professional archaeological examination of a sample of a few thousand of these sites, approximately half are well enough preserved to contribute information to archaeological study or the study ofthe history and prehistory of Maine's Native peoples. Moreover, archaeological survey is not complete, and there are many more sites to be found. Thus, we are concerned with managing and preserving at least 3000 archaeological sites for the future. These sites range in size from less than 1/4 acre to more than 10 acres; but the average size is about 1 acre, so the total area involved is small. However, the sites are widespread geographically: Kittery to Fort Kent to Eastport. Most are located near the coast, lake shorelines, river banks, and larger streams. A few are on sandy soils away from canoeable water. Native Americans have lived in Maine for about the last 11 ,000 years. During this time they have created several types ofarchaeological sites in various geological and topographic settings. The vast majority of prehistoric sites in Maine are habitation/workshop sites, which combine evidence ofa range ofactivities from food procurement and processing through tool maintenance and material manufacture. These sites comprise the majority, certainly more than 95%, of the known archaeo­ logical record. They exist in a continuum of size and density which is currently impossible to . subdivide in any meaningful fashion. We will return to this category of site for further discussion below. Lithic quarry sites are highly localized mines for rock useable for stone tools at bedrock outcrops, or as cobble material along exposed, stony stream and river bottoms. Bedrock outcrop quarries occur at localized quartz, rhyolite and chert sources which are predict­ able on bedrock geology maps ofMaine. A fishweir, wooden stakes up to 5000 years old preserved in mud in Sebasticook Lake, is the best example of a rare "wet site" type in Maine that preserves wood and other normally perishable material. Cut tip of wooden stake # 142 from the Sebasticook fish- Cemetery sites are locations for multiple inter- weir, Newport. About 2.5 inches in diameter. Despite the ments ofthe dead, spatially separated from habitation excellent preservation the stake is 51 oo years old. sites. Cemeteries were produced only during specific portions of Maine prehistory, notably the Laurentian and Moorehead Late Archaic (or "Red Paint" circa 8000 to 4000·years ago), the Susquehanna Tradition (4000 to 3000 years ago), and the early Ceramic period (3000 to 2400 years ago). Cemeteries are always located on well-drained sandy or gravelly-sand soils near a large or small river or lake shore, or within 100 yards of a major habitation site. Rock art sites include petroglyphs and pictographs. There are now approximately ten petroglyph locations known in Maine, and one pictograph or rock painting site. All contain shamans' mnemonic (memory aiding) representations of spirit journeys or related designs, and probably date from the last 3000 years or less. All are located immediately adjacent to canoe-navigable water on particular kinds of bedrock outcrops. LD 1028-Protection ofIndian Archaeological Sites 3 Habitation/workshop sites are found in two soil depth situations in Maine: shallowly buried, and deeply buried. The majority are shallowly buried on soils derived from glacial till, reworked till, sand, gravel, and silt emplaced by geological processes before 12,000 years ago, and before human beings arrived in Maine. In these situations there has been no net accretion of the land surface except by human agency. Arch­ aeological material is distributed within the top 30 or 40 em (1 Y2 feet) by active soil turnover (by frost action, animal burrowing, and plant growth) on these types of soils. In these situations, which represent more than 95% of the land surface of Maine, archaeological material is shallowly buried and can be discov­ ered or destroyed by any process that disturbs the top 1Y2 feet or so of the soil. Deeply buried sites occur only in alluvial settings along rivers and streams, where periodic flooding has deposited silt or sand. Such sites can be up to 3 meters (10 feet) deep in Maine. Ninety-five percent or more of known prehistoric habitation/workshop sites in Maine are located adjacent to canoe-navigable water (coast, lake, river, stream, swamp) or Deep site excavation. 3000 year old Native "fossil" (former) waterways or shorelines of the same types, American occupation under Fort Halifax, such as where a river has abandoned an old channel and cut a Winslow. new one. Well drained sandy soil of low slope near a small stream seems to be the attractive factors for most of the remaining (approximately 5%) sites. A small sample ofthese sites have occupation components dating from the last 400 years or so, since European contact. Some of these sites are particularly and directly relevant to the recent history ofthe modem tribes in Maine and therefore deserve protection for their potential contribution to understanding recent Tribal heritage in addition to their significance as archaeological sites. Preservation of sites for the future is critically important, because archaeological techniques improve over time, particularly laboratory analysis techniques. Having sites to excavate in the future is a guarantee that we can ask questions with the improved science of the next century, questions not only of relevance to Native American life in Maine and world history in more general terms, but specific questions of environmental change in Maine's animal and plant communities. Because significant Maine archaeological sites often contain food animal bone and charred plant remains as well as Native American tools, they can answer questions about environmental change and response to change by human, animal and plant communities. Maps on the next two pages show the distribution ofNative American archaeological sites listed in the National Register ofHistoric Places (149 sites), and all sites that