A skeletal framework Lecture 2 The legal foundations of scientific archaeology as practiced in in the United States

The Laws Antiquities Act (1911) National Historic Preservation Act (1966) National Register of Historic Places Section 106 Environmental Protection Act (1969) Executive Order (1971); Nixon Archaeological and Historic Preservation Act (1974)

Others of merit Shipwreck Law (1989) NAGPRA (Native American Graves Protection and Repatriation Act) (1990) CEQA (California Environmental Quality Act) Founding of RPA (Register of professional Archaeologists)

Archaeologists and Native Americans NAGPRA Native views

Case Study Kennewick Man This discovery highlighted the conflict between scientific community and many of the Native American nations Controversy over affiliation clause, Native rights, and scientific goals.

1996. Skeletal remains were found eroding from a river bank during a boat race. The site is on federal property. This brings in the Army Corp of engineers Local newspaper reports of the find prompted representatives of local Native American groups to contact authorities.

A bone sample was tested in a University of California, Riverside lab. Age determined to be 8400 years old. Bones are transferred to control of Army Corps of Engineers. Five tribes claim the human remains under NAGPRA

Army Corps of engineers agrees to tribal claim and prepares “Notice of Intent to Repatriate” as required by law. Eight anthropologists file suit in US magistrate Court, Portland, Oregon, to prevent repatriation until further study is conducted.

Litigation begins 1997, further study is carried out at the discovery site. Site not a burial Army Corps stabilizes the discovery site. Bones transferred to Burke Museum at University of Washington to be cared for until court decision.

1999, A team of federally appointed anthropologists report additional findings based on non-destructive research. (CAT scans and other non-invasive techniques). 1999, despite opposition by tribal groups, additional bone material is subjected to destructive testing to confirm age. Found to be 9300 years old (additional dating pushed this figure to 11,000 years).

2000, Interior Department rules the bones should be turned over to the tribes making claims of the remains as ancestor. 2002, US Magistrate in Portland issues a ruling blocking the transfer 2002, Four Northwest Tribes claim Kennewick man as ancestor and file NAGPRA suit.

2004, Ninth Circuit Court of Appeals denies request for rehearing. The bones to remain in Burke Museum until all suits are settled. Meanwhile…

Dating nomenclature to confuse and amuse BC BCE before current era AD anno domini AC BP before present CE current era Movement to transition to a dating system that does not favor any one cultural/religious system.

Personalities Archaeology is as much about the researchers as it is about the research. Many practice archaeology but very few contribute important major theories. Theories in archaeology are often associated with specific individuals