As time passes the excavation and demolition continues on the site that
will be the new home of the National Football Leagues' Houston Oilers.
Actual construction on the stadium is scheduled to start in May, 1997 with
the completion expected to be one year sooner than previously thought.
Rapidly, time is running out for our ancestors which are buried there.
Recently, I received the much awaited report of the archaeological
monitoring of the geotechnical test bore locations. This article will
brief you on the contents of this report and other developments in this
dynamic situation.
First we will consider some legal questions that have arisen.
Experts have assured me that NAGPRA laws only applies to museums,
universities, institutions, etc. that have holdings of Native American
remains and artifacts. This would also apply to state institutions that
hold such items for tribal response. In this case that would be the
Tennessee Department of Archaeology. Assuming this is true, the question
of whether the Section 106 process applies still remains. What has been
determined, is that the stream of funds for the Oilers deal derived from a
state General Obligations Fund and is construed by Tennessee government
officials as not to be a direct federal stream. However, the stream of
funds for the road improvements to support the stadium is a direct federal
stream from the Tennessee Department of Transportation. Therefore, the
process known as Section 106 of the National Historic Preservation Act is
pertinent and we ask why it is not being followed?
The archaeological backgrounder of the report surmises that Native
occupation of this area started about 13000 BP (before present). The
Nashville basin was thought to be a hunting area for the Shawnee,
Chickasaw, and Cherokee with the Shawnee last expelled from there around
1745. The Nashville area has often been referred to as the "Land or City
of the Dead" as so many different nations buried their ancestors here.
Being on the Cumberland River, it was also a major trade center and
migration route for many nations. The report indicates that there are no
known prehistoric sites in the subject area However, it does state that
the large number of such sites on the Cumberland river it is highly
probable that such a site would be encountered during the construction of
the stadium. It was stated in the report that "limited background research
(archaeological) was conducted to facilitate interpretations of the
geotechnical survey monitoring". Questions were even raised! in the
report about the quality and techniques used in the core testing. In the
conclusion of the report, they stated there was such a high probability of
encountering prehistoric remains that an archaeologist should be required
to monitor the project at all times. Reports often reach us of burials
encountered during construction and then discreetly removed. Considering
the rampant nature of these reports it would seem that the contractor
would welcome such a monitor. Still, as in the case of following Section
106, our pleas fall on deaf ears and our ancestors continue to be denied
the respect they deserve.
We ask you to continue to support the boycott and demand that the
federal laws be followed. Also, we are seeking legal assistance in this
difficult struggle. Perhaps one of you might have the legal expertise
that we need and be willing to join with us. Time is running out and the
ancestors need your help in the struggle. AND TO THE FOUR DIRECTIONS,
PEACE
Michael Sims