Letters

Misunderstanding NAGPRA As an archaeologist who strongly supports and helped draft NAGPRA, I was disappointed by your Fall 2010 News article “New NAGPRA Regulation Alarms Researchers” that covered the new federal regulation concerning the repatriation of culturally unidentifiable human remains. A statement you attributed to Sherry Hutt, the manager of the National NAGPRA Program, and reported without comment, that “the rule applies only to human remains... from sites on tribal land, or the aboriginal land of tribes,” is simply false. The rule applies to all culturally unidentifiable Native American human remains in museum or agency collections regardless of where they were found.

Also, contrary to the article, there is no “provision in the statute that [such a] regulation must be promulgated.” The rule was issued over the strenuous objections of the major scientific organizations, museums, and the NAGPRA Review Committee. Sadly, it is another abuse of authority by a federal

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Letters

american archaeology american archaeology a quarterly publication of The Archaeological Conservancy Vol. 14 No. 3 FALL 2010 INDIGENOUS ARCHAEOLOGY • REEXAMINING KINCAID MOUNDS • CULTURAL LANDSCAPE STUDIES Editor’s Corner Clovis Comet Debate THE AA Fall 2010 front end.indd 1 8/25/10 10:34:06 AM In 2004, the Ninth Circuit Court of Appeals, in a decision that culminated years of legal wrangling, upheld an earlier ruling that the 9,400-year-old remains known as Kennewick Man should not be repatriated to Native Americans who claimed them. In 2007, with little fanfare, the U.S. Forest Service gave the 10,300-yearold remains of an individual found in a cave (he’s sometimes referred to as On Your Knees Cave Man) in southeast Alaska to the Tlingit tribe. Kennewick Man, who became something of a celebrity as a result of the legal battle, remained in the cusoffice whose mismanagement and bias tody of the Army Corps. of Engineers (as recently documented by GAO) have and underwent a thorough study by a undermined the letter and spirit of team of scientists. On Your Knees Cave NAGPRA, to the detriment of American Man, of whom few people have heard, archaeology. was placed in a beautiful ceremonial Keith Kintigh Arizona State University wooden box and then buried. According to the noted forensic anthropologist Douglas Owsley of Past President, Society for the Smithsonian, the Kennewick Man American Archaeology skeleton has yielded a remarkable amount of information about this indiStatement of Ownership, Management, and Circulation 1. Publication Title: American Archaeology. 2. Publication No.: 1093-8400. 3. Date of Filing: October 1, 2010. 4. Issue Frequency: vidual and, by inference, the ancient Quarterly. 5. No. of Issues Published Annually: 4. 6. Annual Subscription Price: $25.00. 7. Complete Mailing Address of Known Office of world he inhabited. The development Publication: The Archaeological Conservancy, 5301 Central Avenue NE, Suite 902, Albuquerque, NM 87108-1517. 8. Complete Mailing Address of Headquarters or General Business Office of Publisher: same as No. 7. 9. Names and Mailing Addresses of Publisher, Editor, of new diagnostic technologies in the and Managing Editor: Publisher—Mark Michel, address same as No. 7. Editor—Michael Bawaya, address same as No. 7. Managing future will likely make him, and his Editor—N/A. 10. Owner: The Archaeological Conservancy, address same as No. 7. 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None. 12. Tax Status: world, even more comprehensible. Has Not Changed During Preceding 12 Months. 13. Publication Title: American Archaeology. 14. Issue Date for Circulation Data Below: On Your Knees Cave Man also Spring 2010. 15. Extent and Nature of Circulation: Average Number of Copies Each Issue During Preceding 12 Months: (A) Total No. Copies (net press run): 32,450. (B) Paid Circulation (By Mail and Outside the Mail): (1) Mailed Outside-County Paid Subscriptions underwent a certain amount of scienStated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies): 18,899; (2) tific study, such as DNA testing, before Mailed In-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies): 0; (3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter the Tlingit, who claimed him as their Sales, and Other Paid Distribution Outside USPS: 4,552; (4) Paid Distribution by Other Classes of Mail Through the USPS (e.g. First- ancestor, respectfully buried him. Class Mail): 1,233. (C) Total Paid Distribution (Sum of 15B (1), (2), (3), and (4)): 24,684. (D) Free or Nominal Rate Distribution (By Mail and Outside the Mail): (1) Free or Nominal Rate Outside-County Copies Included on PS Form 3541: 0; (2) Free or Nominal Rate Depending on one’s point of In-County Copies Included on PS Form 3541: 0; (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS (e.g. First- view, both of these examples—one Class Mail): 80; (4) Free or Nominal Rate Distribution Outside the Mail (Carriers or other means): 1,420. (E) Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4)): 1,500. (F) Total Distribution (Sum of 15C and 15E): 26,184. (G) Copies not Distributed: a victory for scientists, the other for 6,266. (H) Total (Sum of 15F and 15G): 32,450. (I) Percent Paid (15C/15F x 100): 94.27%. 15. Extent and Nature of Circulation: Native Americans—illustrate how the Number Copies of Single Issue Published Nearest to Filing Date: (A) Total No. Copies (net press run): 33,500. (B) Paid Circulation (By Mail and Outside the Mail): (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above Native American Graves Protection nominal rate, advertiser’s proof copies, and exchange copies): 19,510; (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 and Repatriation Act should work. (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies): 0; (3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS: 3,699; (4) Paid They also illustrate, along with a numDistribution by Other Classes of Mail Through the USPS (e.g. First-Class Mail): 1,449. (C) Total Paid Distribution (Sum of 15B (1), (2), ber of other issues, why the law, which (3), and (4)): 24,658. (D) Free or Nominal Rate Distribution (By Mail and Outside the Mail): (1) Free or Nominal Rate Outside-County Copies Included on PS Form 3541: 0; (2) Free or Nominal Rate In-County Copies Included on PS Form 3541: 0; (3) Free or Nominal is now 20 years old (See “NAGPRA At Rate Copies Mailed at Other Classes Through the USPS (e.g. First-Class Mail): 50; (4) Free or Nominal Rate Distribution Outside the 20,” page 25.), remains so contentious. Mail (Carriers or other means): 2,085. (E) Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4)): 2,135. (F) Total Distribution (Sum of 15C and 15E): 26,793. (G) Copies not Distributed: 6,707. (H) Total (Sum of 15F and 15G): 33,500. (I) Percent Paid (15C/15F x 100): 92.03%. 16. This Statement of Ownership will be printed in the Winter 2010 issue of this publication. 17. I certify that all information furnished on this form is true and complete. Michael Bawaya, Editor. american archaeology 3

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the Archaeological Conservancy is the only national nonprofit organization that identifies, acquires, and preserves the most significant archaeological sites in the United States. Since its beginning in 1980, the Conservancy has preserved more than 405 sites across the nation, ranging in age from the earliest habitation sites in North America to a 19th-century frontier army post. We are building a national system of archaeological preserves to ensure the survival of our irreplaceable cultural heritage.

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The ancient people of North America left virtually no written records of their cultures. Clues that might someday solve the mysteries of prehistoric America are still missing, and when a ruin is destroyed by looters, or leveled for a shopping center, precious information is lost. By permanently preserving endangered ruins, we make sure they will be here for future generations to study and enjoy.

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Editorial Advisory Board Michael Barber, Virginia State Archaeologist • Dennis Blanton, Fernbank Museum of Natural History Sarah Campbell, Western Washington University • Douglas Craig, Northland Research Ashley Dumas, University of West Alabama • Jerry Fetterman, Woods Canyon Archaeological Consultants Gayle Fritz, Washington University • Patricia A. Gilman, University of Oklahoma Julie Zimmermann Holt, Southern Illinois University - Edwardsville Robert Jeske, University of Wisconsin-Milwaukee • Barbara Little, University of Maryland Chip McGimsey, Louisiana State Archaeologist • Patricia Mercado-Allinger, Texas State Archaeologist Julie Morrow, Arkansas Archaeological Survey • Leslie Mouriquand, Riverside County Archaeologist Jennifer Pederson, Hopewell Culture National Historical Park Martha Sempowski, Rochester Museum & Science Center • Russell Townsend, Cherokee THPO Sali A. underwood, Nevada State Historic Preservation Office • Susan White, Oregon Assistant State Archaeologist

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American Archaeology (issn 1093-8400) is published quarterly by The Archaeological Conservancy, 5301 Central Avenue NE, Suite 902, Albuquerque, NM 87108-1517. Title registered U.S. Pat. and TM Office, © 2010 by TAC. Printed in the United States. Periodicals postage paid Albuquerque, NM, and additional mailing offices. Single copies are $3.95. A one-year membership to the Conservancy is $25 and includes receipt of American Archaeology. Of the member’s dues, $6 is designated for a one-year magazine subscription. READERS: For new memberships, renewals, or change of address, write to The Archaeological Conservancy, 5301 Central Avenue NE, Suite 902, Albuquerque, NM 87108-1517, or call (505) 266-1540. For changes of address, include old and new addresses. Articles are published for educational purposes and do not necessarily reflect the views of the Conservancy, its editorial board, or American Archaeology. Article proposals and artwork should be addressed to the editor. No responsibility assumed for unsolicited material. All articles receive expert review. POSTMASTER: Send address changes to American Archaeology, The Archaeological Conservancy, 5301 Central Avenue NE, Suite 902, Albuquerque, NM 87108-1517; (505) 266-1540. All rights reserved. American Archaeology does not accept advertising from dealers in archaeological artifacts or antiquities.