Southwestern Archaeology, Inc. (SWA) Southwestern Archaeology Special Interest Group (SASIG) "Got CALICHE?" Newsletter Archaeology, Anthropology, and History of the Greater Southwest! Sunday February 04, 2001 ***************************************** Editor's Note -- An article written by Bob and Gigi York was recently published in the " Got CALICHE ? " newsletter. Subsequently, the editor of a collector's magazine republished the article without waiting for correspondence from the authors that would grant or deny permission (see recent past issues of the newsletter for details). As well, the editor of the collector's magazine has exchanged a few rounds of correspondence with SWA. Here below, is the latest installment... >>From: "Gary L. Fogelman" [personal information clipped]... You're no doubt right, I'm railing against the wrong people. I just thought that if any bad or detrimental laws, rules or regulations were to get changed, the professional world would have to be the ones doing the moving. [personal information clipped]... With whom should I be taking up the issues that bother me and others in the collecting community? How do you feel about collectors, anyway? [personal information clipped]... Later. Gary. Dear Gary -- In this country, you can question authority, write editorials and e-mails, mount information campaigns, etc. The question is -- will you be effective? You don't like NAGPRA and want to see it changed. Some anthropologists don't like NAGPRA either. However, it is a law that was passed by Congress, and as well, states have passed similar state laws. The people with whom you should speak are your legislators at state houses and in Congress. Among other duties, archaeologists and anthropologist conduct research and create documentation, run government programs, educate others about cultures and cultural issues, and manage museums and collections of artifacts. Most earned their positions of authority by earning academic credentials and demonstrating at least appropriate levels of administrative competence (and sometimes, great amounts of competence). These people apply federal and state laws by promulgating (with permission of their legislators) rules, regulations and policies. American Indians have stepped into the bigger picture of Western History (usually as told by Whites), and legislation, and they have demanded a piece of the action. WWII brought dramatic change in this country. Our national policy over 20-30 years was to rebuild Europe, and offer a second chance for people to live in peace. We did this through a number of programs. The US Civil Rights movement was re-born of this -- American living at home also wanted the benefits of peace and prosperity. American Indians took up this cause as well. They wanted their lives rebuilt, lands returned, and economic development. They looked at what the US was doing in Europe, and felt they should be treated as well. Over the years, both Republican and Democratic administrations have contributed to this effort through the enactment of various laws and programs. From the historic preservation perspective, the list includes: the National Historic Preservation Act of 1966 (Johnson); Executive Order 11596 (Nixon); Archaeological Resources Protection Act of 1979 (Carter); NAGPRA 1990 (Bush); etc. The issues are not liberal or conservative issues, the issues are pitched as human rights issues and economic development issues (just as we promoted these same issues in post war Europe). This approach has had some resonance with Congressmen of all persuasions. Basically, American Indians have been gaining more political clout in Washington over the past 40 years. They have educated their sons and daughters to become lawyers, and they now have greater revenues from natural resources and gambling. Whether you do or not, they view NAGPRA as a human rights issue. I'm a typical archaeologist. I've excavated human remains over the years. What the law means for me is this: now more than ever, I am required to consult with a variety of people and interested groups regarding disposition of human remains and artifacts. These processes get very complicated, and even more so with remains like those of Kennewick Man. Scientists are contesting this issue in the courts. The outcome is not yet known. Scientists have always had some ability to influence policy, but the truth be known, archaeologists have little political clout and little money, and they really don't have much influence in Congress. They have been the recipients of the largess over the years, and they have been able to influence a little, but they don't have much clout when it comes to deciding issues of human rights. I'm not saying that you couldn't spin the issues differently, but in a nutshell, that's how the past fifty years have played out. Now, where do "collectors" fit in? Private property rights are strong in this country, so collectors and old collections still have a place. In the East there is a lot of private property; in the West, a great deal of federal and Tribal lands exist. The real estate ownership issues are important, but given the trend over the past 50 years, collectors too will be pressured regarding the protection of sites and artifacts and human remains vis a vis human rights issues. Collectors today will argue that they generate information useful to scientists, and that they are preserving artifacts. No doubt, they may be correct to some degree. Archaeologists felt the same way 50 years ago. But the times have changed. As the concepts of "useful information" and "preservation" are now defined by increasing amounts of case law, and by scientists and American Indians working more closely together, many collectors are seen as being quite far from appropriate preservation standards. Avocational archaeological societies have are solving the problem for themselves. They have undertaken to work within the existing case law, and with professional archaeologists and American Indian groups. A number of avocational societies now provide well-crafted certification programs for members, and they generally eschew ownership of artifacts and market incentives (buying and selling of artifacts). To my knowledge, collectors and collector groups are generally not characterized as being of such mind. So, the bottom line is this: collectors will continue to be squeezed. No amount of "railing" against the law will help. You are not fighting a law, you are fighting against a trend of history -- movement toward greater human rights everywhere, and greater consultation with others as to the use and disposition of resources that were once thought free for the taking. Sincerely, Brian W. Kenny Applied Anthropologist Southwestern Archaeology, Inc. http://www.swanet.org ***************************************** Contact the Editor @ or 602.882.8025 Send books, letter mail, and other media to: Southwestern Archaeology, Inc. PO Box 61203, Phoenix AZ, USA 85082-1203 Please pass along technical and scientific writings, opinion pieces, timely news articles, and organizational information, activities and events that can be shared with our digital community. SWA invites you to redistribute SWA's "Got CALICHE?" Newsletter. Please redistribute " Got CALICHE ? " in it's entirety, or note that you have edited or clipped articles for retransmission. Free subscription @ . Thanks for reading today's edition! Southwestern Archaeology, Inc. (SWA) - A 501(c)(3) not-for-profit corporation dedicated to electronic potlatch and digital totemic increase rites that focus and multiply historic preservation activities in the Greater Southwest. Our goal is to create and promote the diverse micro-environments in which archaeologists can develop their talents and take the risks from which innovation and productivity arise.