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Respecting Remains
by Maggie Villiger
3 pages: | 1 | 2 | 3

Photo of Range Creek Canyon

Range Creek Canyon, Utah

March 23 , 2005 Along with the rock art, granaries and pit houses that have been discovered in the Range Creek canyon, there are human burials. If these skeletal remains date from the same period as the Fremont artifacts in the area, they could be as old as a thousand years. Human remains from that long ago hold clues that scientists can use to figure out a lot about the way people lived their lives. But to access that information means subjecting the bones to study, and some people consider that kind of analysis to be disrespectful of the dead. Some people prefer not to have ancient remains studied at all.

In recent years, new laws have tried to legislate how to proceed when ancient remains are discovered. Since the indigenous people of North America are the descendents of people who lived here long ago, Native Americans are granted a special role in deciding what happens to ancient remains discovered on federal and state land.

Scientific American Frontiers explores what these laws mean to scientists and Native Americans, and everyone else — and learns there are as many opinions on the value of human remains as the number of people you ask.

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Photo of bones and pottery

Bones and pottery found in a mound grave in upstate New York

Throughout much of the history of the United States, Native American artifacts and bones were collected by white people. In what might be considered the best case scenarios, these items wound up in natural history museum collections; in the worst case scenarios private citizens held these relics as souvenirs or trophies. Either way, Native Americans' rights were ignored along with their wishes for how these objects should be treated. In 1990, the federal government passed the Native American Graves Protection and Repatriation Act (NAGPRA) to try to redress this longstanding situation. The law requires museums to inventory the Native American belongings in their collections, figure out what modern day tribes are most closely affiliated with these articles, and then return the items. This is a massive undertaking — the National Park Service alone has counted more than 3,600 sets of human remains in its collection, along with tens of thousands of associated burial items.

Photo of museum display
A museum display of Native American bones excavated from a burial
 

A second part of NAGPRA is meant to address how what it calls "inadvertent discoveries" on federal land should be treated. Construction crews, for instance, can reveal new objects, as can archaeological digs or even the natural processes of erosion. The law mandates that the federal agency that manages the land in question must immediately halt all activity, secure any remains and cultural items, and then notify the tribes likely to be culturally affiliated with the finds. The goal is to allow modern descendents to decide how the items should be handled — whether left in place, reburied in another location, or stored in some other way. Together, the two parts of NAGPRA try to ensure that Native American remains and artifacts are treated with dignity and that modern tribes are granted the decision-making power they had been deprived of for so long. States have enacted similar laws that apply to discoveries on state-controlled lands.

No one argues with the moral underpinnings of these laws and their attempt to right past wrongs. There are conflicts over what should be done with human remains, however. "Everyone agrees that Native American descendents should have the right to determine disposition of the remains of their relatives," says Phillip Walker, president of the American Association of Physical Anthropologists. "The problem is how to balance the spiritual concerns of some groups with the importance for everyone to have scientific evidence of what happened in the past." By studying ancient human remains, scientists say they can learn things about prehistoric life that they can't any other way. But Native Americans are not always eager to grant permission for scientific analysis that some feel unnecessarily disrespects the dead. Next Page

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