In a message dated 96-02-16 18:52:10 EST, davidb@spl.lib.wa.us (David
Burlingame) writes:
> ...I need input. Anyone with ANY insight re: how to proceed (my Cowlitz
> brothers are attending those meetings (I'm 85 miles away), so we'll draw
> attention on that front). Also, if anyone with the time could, email me, or
> write directly to the addresses listed below (and I'll snail them myself),
> so that these people will see they must be accountable for their actions.
> Any help is greatly appreciated.
Here's some input. To explain briefly where I'm coming from: I've worked
for many years with Federal historic preservation law and regulation, and
with tribes, both as a Federal agency employee (Advisory Council on Historic
Preservation 1979-89, National Park Service 1975-77) and as a consultant.
These days I spend a lot of time teaching short courses on the subject.
I don't think you're likely to have a case under NAGPRA, because the
"recovery" and "discovery" sections of NAGPRA (Sections 3(c) and 3(d)) apply
only on Federally controlled and tribal lands, and it doesn't sound like the
project site fits that description. However, if there's any Federal
involvement in the project -- for example, funding from some bureau of the
Justice Department, or a permit from the Corps of Engineers, or a permit from
a State coastal zone agency under the Federal coastal zone management act --
then Section 106 of the National Historic Preservation Act will apply, and
the Federal agency involved will have to consider impacts on the burial
place, in consultation with the Cowlitz people, the Washington State Historic
Preservation Officer, the Advisory Council, and others. It would also be
possible to argue for consideration under the National Environmental Policy
Act, Executive Order 12898, the American Indian Religious Freedom Act and
the Religious Freedom Restoration Act. None of these will afford the site
absolute protection, but they will keep the interests of the Cowlitz people
and your ancestors from being utterly ignored.
The critical thing to find out is: is there any Federal involvement in the
project? Presumably the State Dept. of Social and Health Services can tell
you. The Washington State Historic Preservation Officer would be another
possible source of information.
Also, doesn't Washington State have an unmarked graves law? I seem to recall
that it does, and that it is pretty similar to NAGPRA. It would almost
certainly apply if there are State agencies involved.
Please let me know if I can be of help with this. By the way, the name of
NAGPRA is the Native American Graves Protection and Repatriation Act, and I'd
suggest that in your model letter you cite not only it, but also the other
laws as well (even though some of them -- including NAGPRA -- may not apply,
since we're not sure what DOES apply at this point). Something like:
"A number of Federal and State laws, including the Native American Graves
Protection and Repatriation Act (NAGPRA), the National Historic Preservation
Act (NHPA), the American Indian Religious Freedom Act (AIRFA), the National
Environmental Policy Act (NEPA), the Religious Freedom Restoration Act
(RFRA), and the (cite Washington State act) require that places of religious
and cultural importance to Indian tribes be considered in planning projects
of this kind."
Good luck. I'm taking the liberty of putting an excerpt from your message on
the bulletin board of the American Cultural Resources Association; there may
be an ACRA member in your neighborhood who can be of help.
Thomas F. King
410 Windsor Street
Silver Spring MD 20910-4242
301/585-9572, fax 589-5049
tfking106@aol.com