February 20, 2007
Protecting Our Cultural Sites
By Vincent Armenta
Imagine this scenario: You traveled to your hometown to visit the graves of
your ancestors only to find that a backhoe had dug up the remains and
someone had taken the contents of the grave in the name of profit and
scientific study.
It’s a chilling and horrifying picture, yet it happens all too often when it
comes to Native American burial sites. In times past, many Native American
graves were plundered for valuable artifacts with little regard and no respect
given to the departed ones or their descendants.
In 1986, warehoused deep in the bowels of the Smithsonian Institute’s
cultural interests were the remains of almost 18,500 American Indians.
Outraged by this, tribal leaders from Northern Cheyenne catalyzed other
native leaders to seek legislation for the repatriation of Native American
remains and artifacts.
The result of this was the Native American Graves Protection and
Repatriation Act (NAGPRA), which was passed in 1990 and is the primary
federal legislation pertaining to graves and human remains in archaeological
contexts.
NAGPRA provides a process for museums and federal agencies to return
certain Native American cultural items — human remains, funerary objects,
sacred objects, and objects of cultural patrimony — to lineal descendants and
culturally affiliated Indian tribes for reburial.
The Santa Ynez Band of Chumash Indians is serious about protecting our
cultural resources. Our Tribal Elders Council works diligently to ensure that
our cultural and sacred sites are protected utilizing laws governed by the
federal and state government.
Assembly Bill 2651 took effect last month and focuses on Native American
human remains.
Existing law requires the Native American Heritage Commission, once it
receives notification of Native American human remains from a county
coroner, to notify the most likely descendants and they, with the permission
of the landowner, may inspect the site and recommend appropriate dignified
disposition of human remains and grave goods within 24 hours.
AB 2651 requires that the identified descendants make recommendations or
preferences for treatment within 48 hours of being granted access to the site
instead of within 24 hours of the notification by the commission.
The bill also requires the landowner, upon discovery of human remains, to
ensure that the immediate vicinity, as described, is not damaged or disturbed
until specific conditions are met, including discussing and conferring, as
defined, with the descendants regarding their preferences for treatment.
Our Tribal Elders Council oversees AB 2651 and the federal NAGPRA for our
tribe, ensuring that a team of elders is always available to visit a cultural
site. In addition, our Tribal Elders Council maintains a staff of Native
American archeological monitors and is currently hosting a monitor-training
program to increase their pool of trained staff.
Protecting our cultural sites is by far one of our most important
responsibilities as Native Americans. The respect and honor we show to the
memory of our ancestors is a direct reflection on how we feel about the
historical significance of our tribe.
We will always work hard to ensure that our ancestors are treated with the
dignity and respect they so richly deserve.
Vincent Armenta is the Tribal Chairman of the Santa Ynez Band of Chumash Indians.