http://www.youtube.com/watch?v=zpIUf-bmlrc&feature=related

Bones, Artifacts Taken From Indian Burial Site

http://www.youtube.com/watch?v=ImXRo-zam-g&feature=autoplay&list=PL7C22D6D74AFB01F6&lf=results_main&playnext=2

A THOUSAND LIES

THE NATIVE AMERICAN

compiled by Dee Finney

From: http://www.dickshovel.com/lsa3.html The founding fathers on that rock shared common characteristics. All four valued white supremacy and promoted the extirpation of Indian society. The United States' founding fathers were staunchly anti-Indian advocates in that at one time or another, all four provided for genocide against Indian peoples of this hemisphere. George Washington... In 1779, George Washington instructed Major General John Sullivan to attack Iroquois people. Washington stated, "lay waste all the settlements around...that the country may not be merely overrun, but destroyed". In the course of the carnage and annihilation of Indian people, Washington also instructed his general not "listen to any overture of peace before the total ruin of their settlements is effected". (Stannard, David E. AMERICAN HOLOCAUST. New York: Oxford University Press, 1992. pp. 118-121.) In 1783, Washington's anti-Indian sentiments were apparent in his comparisons of Indians with wolves: "Both being beast of prey, tho' they differ in shape", he said. George Washington's policies of extermination were realized in his troops behaviors following a defeat. Troops would skin the bodies of Iroquois "from the hips downward to make boot tops or leggings". Indians who survived the attacks later re-named the nation's first president as "Town Destroyer". Approximately 28 of 30 Seneca towns had been destroyed within a five year period. (Ibid) Thomas Jefferson... In 1807, Thomas Jefferson instructed his War Department that, should any Indians resist against America stealing Indian lands, the Indian resistance must be met with "the hatchet". Jefferson continued, "And...if ever we are constrained to lift the hatchet against any tribe, " he wrote, "we will never lay it down till that tribe is exterminated, or is driven beyond the Mississippi." Jefferson, the slave owner, continued, "in war, they will kill some of us; we shall destroy all of them". (Ibid) In 1812, Jefferson said that American was obliged to push the backward Indians "with the beasts of the forests into the Stony Mountains". One year later Jefferson continued anti-Indian statements by adding that America must "pursue [the Indians] to extermination, or drive them to new seats beyond our reach". (Ibid) Abraham Lincoln... In 1862, President Abraham Lincoln ordered the execution, by hanging, of 38 Dakota Sioux prisoners in Mankato, Minnesota. Most of those executed were holy men or political leaders of their camps. None of them were responsible for committing the crimes they were accused of. Coined as the Largest Mass Execution in U.S. History. (Brown, Dee. BURY MY HEART AT WOUNDED KNEE. New York: Holt, Rinehart, Winston, 1970. pp. 59-61) Theodore Roosevelt... The fourth face you see on that "Stony Mountain" is America's first twentieth century president, alleged American hero, and Nobel peace prize recipient, Theodore Roosevelt. This Indian fighter firmly grasped the notion of Manifest Destiny saying that America's extermination of the Indians and thefts our their lands "was ultimately beneficial as it was inevitable". Roosevelt once said, "I don't go so far as to think that the only good Indians are dead Indians, but I believe nine out of ten are, and I shouldn't like to inquire too closely into the case of the tenth". (Stannard, Op.Cit.) The apathy displayed by these founding fathers symbolize the demoralization related to racial superiority. Scholars point toward this racial polarization as evidence of the existence of Eugenics. Eugenics is a new term for an old phenomena which asserts that Indian people should be exterminated because they are an inferior race of people. Jefferson's suggestion to pursue the Indians to extermination fits well into the eugenistic vision. In David Stannard's study American Holocaust, he writes: "had these same words been enunciated by a German leader in 1939, and directed at European Jews, they would be engraved in modern memory. Since they were uttered by one of America's founding fathers, however...they conveniently have become lost to most historians in their insistent celebration of Jefferson's wisdom and humanity." Roosevelt feared that American upper classes were being replaced by the "unrestricted breeding" of inferior racial stocks, the "utterly shiftless", and the "worthless" (Ibid)

LATEST NEWS LAW SUIT AND COURT ORDER TAKES BUREAU OF INDIAN AFFAIRS OFF OF THE NET AND MONEY DUE TO NATIVES IS WITHHELD. CANADIAN INDIAN LAND GRAB AT HAMILTON, ONTARIO

 
Aboriginal Communities and Mining in Northern Canada
Special issue of this on-line magazine. (Northern Perspectives 23(3-4). Canadian Arctic Resources Committee, 1996).
Aboriginal Fishing Rights - Canada
Aboriginal Rights - Canada
Akwesasne Task Force on the Environment
"The Akwesasne Task Force on the Environment (ATFE), a community based, grass-roots organization, was formed in 1987 to address the environmental problems facing the Mohawk Nation community of Akwesasne. It is composed of members of the Mohawk community and staff of environmental agencies, Mohawk governments, and organizations within Akwesasne who share a common concern for the environment and the effects of various toxic substances on human and ecosystem health." (1997).
American Indian Ritual Object Repatriation Foundation
Animas-La Plata: The last big dam in the West
Basket Weavers Refuse to Cooperate in Pesticide Risk Assessment Study
Basketweavers object to the use of risk assessment procedures to determine their exposure to forestry pesticides as a result of their basket-making. Contr. Joanne Bigcrane. (Louis Martin, Coast News Service, January 17, 1996).
BC Natives Want Trees, Not Treaties
California's Lost Tribes
California's Lost Tribes
Cherokee Removal Forts
Cherokee Wrongs - Listen to the spoken message! It's powerful!
http://members.xoom.com/RedHeart/thefriend.html
Chippewas vs U.S. - Fishing Rights on the Great Lakes
Chippewa Treaties
Circle Briefs
Claiming Tribal Rights
Collecting Taxes on Sales on Indian Land - (New York)
Delaware Tribe of Oklahoma vs New Jersey
Department Of The Interior, Office Indian Affairs, November 15, 1871
Earth Mother Becomes Real Estate
EA-392; Environmental Assessment and (FONSI) Yakima-Klickitat Production Project Office Of Power Sales Bonneville Power Administration
Environmental Review of Nuclear Dump Flawed
Reports on a resolution by the Lower Colorado River Indian Tribes in opposition to a proposed nuclear dump site at Ward Valley, California (Fort Mojave, Colorado River, Chemeheuvi, Fort Yuma-Quechan, and Cocopah Indian Tribes). (Marsha Shaiman, On Indian Land. Seattle: Support for Native Sovereignty. Archive: NAE, 1996).
Forgotten Tribes Search for a Place in History
Food Pollution Threatens Lives of Inuits in Arctic
(Leyla Alyanak, Earth Times News Service. Archive: World History Archive, 1997).
Gabrielino/Tongva      Saving the Sacred Site
Goldmine Threatens Quechan Sites
Hanford Department of Energy, Indian Nations Program
The DOE is responsible for the cleanup of the Hanford nuclear site in southeastern Washington state. Four tribes have cultural or treaty rights to the lands of Hanford, including the Nez Perce, the Umatilla, Yakima and Wanapum. This site describes the working relationships between Native Americans and the DOE. Some information about the environmental offices of these nations. (1997).
Havasupai Fight To Save Grand Canyon From Uranium Mining
Various posts about this campaign. (Native-L mailing list, 1992).
Happy Indigenous People's Day - Anti-Columbus Day
Haudenosaunee Environmental Action Plan
Indian Burial Grounds for Nuclear Waste
A very good article on the recent history of attempts to bury nuclear waste on reservations. (Randel D. Hanson, Multinational Monitor 16(9). Archive: Fourth World Documentation Project, 1995).
Indigenous Environmental Network
Indigenous Environmental Network: Ward Valley
Reports on the efforts of the Colorado River Native Nations Alliance to stop a nuclear dump in Ward Valley.
Indigenous Women's Environmental Network
An ad-hoc organization in Saskatchewan, which has focused its concern on the Meadow Lake Tribal Council's proposal to build a permanent high level nuclear waste repository in northern Saskatchewan. This reference dates from around 1995. (Archive: NAE).
Leavitt's Anti-Nuke Policy Will Strangle Tribe, Say Goshutes
Mike Leavitt is Utah's Governor. (William Claiborne, Salt Lake Tribune, March 11, 1999).
List of Non-Federally Recognized Tribes
Long Island Land Swindle
LOST TRIBES NATIVE AMERICANS AND GOVERNMENT ANTHROPOLOGISTS FEUD OVER INDIAN IDENTITY
Memories Come to Us In the Rain and the Wind: Oral Histories and Photographs of Navajo Uranium Miners and Their Families
Excerpts from the book are available on-line. (Doug Brugge, Timothy Benally, Phil Harrison, Martha Austin-Garrison and Lydia Fasthorse-Begay, Boston, MA: Tufts University School of Medicine, 1997).
MEDICINE LAKE THREATENED BY SEVERAL GEOTHERMAL DEVELOPMENTS
Menominee Nation Mining Impacts
Good and timely information on mining in Menominee country. (1997).
Messages from the Taïno Restoration and Truth Reclamation/ We Never Disappeared.
Midwestern Conquest Trails
More Than Half of Goshutes Sue Tribe Over Waste Plan
(Jim Woolf, Salt Lake Tribune, March 13, 1999).
National Environmental Coalition of Native Americans
This organization works to prevent nuclear waste dumps on native lands. Find related…
Native Americans and the Environment
Native Americans Bear the Nuclear Burden
About the Shoshone and the Paiute-Shoshone. Provides an overview of the Monitored Retrievable Storage (MRS) project of the Department of Energy. (Andreas Knudsen, Indigenous Affairs. International Work Group for Indigenous Affairs. Archive: NAE, 1996).
Natives Challenge the Borders
Navajo Dryland Environment Laboratory
(1997).
Navajo Tribe Embarks on a Long-Term Cleanup
"The Navajo Nation tries to come to terms with a growing garbage problem that has led to numerous illegal dumps on the reservation." (Paul Natonobah, High Country News 29(15). August 18, 1997).
Navajo Uranium Miners Fight for Compensation
(Timothy Sr. Benally, Nic Paget-Clarke, interviewer. In Motion Magazine, 1998?).
Navajo Uranium Radiation Victims: The 4th Indigenous Uranium Forum
A report (with photographs) of a 1990 meeting organized by the Southwest Indigenous Uranium Forum in cooperation with the Navajo Uranium Radiation Victims Committee. (Kerry Richardson, 1991).
New Front In The Waste Wars—Part 2: The Poisoners Invade Indian Country
(Peter Montague, RACHEL's Environment and Health Weekly 239. Annapolis: Environmental Research Foundation, 1991).
Petitioners List for Federal Recognition As an "American Indian Tribe" - 1998
Poison Fire, Sacred Earth: Testimonies, Lectures Conclusions
Extensive excerpts from the testimony given in 1992 at the World Uranium Hearing in Salzburg, Austria. Many Native Americans spokespersons participated and this is an excellent on-line resource. (World Uranium Hearing, World Uranium Hearing, Salzburg, 1992., 1992).
Project Chariot: The Nuclear Legacy of Cape Thompson, Alaska
In 1957, the U.S. Atomic Energy Commission selected a site approximately 30 miles southeast of the Inupiat Eskimo village of Point Hope to perform a number of "experiments," including the release of radioactive materials from a Nevada test site to analyze how such material would disperse through the area. The AEC's project involved the projected relocation of the Point Hope Inupiat.the relocation of the Katovik Inupiat. This article tells the history of these events. (Norman Chance, Artic Circle).
Protecting Sacred Ground - Gold Mines
Racial Politics of Ancestry
Red Cliff Chippewa File Law Suit Against the State - Wisconsin
Remaining Causes of Indian Discontent (John Okison, 1907)
Repatriation of Indian Remains
Residues of Forestry Herbicides in Plants of Interest to Native Americans: Phase One—Development of Methodologies and Pilot Sampling
This project is the first phase of a two-phase study to assess exposure of basketweavers to forestry herbicides. Full report of study available on-line. Contr. Joanne Bigcrane. (R. Segawa, A. Bradley, P. Lee, D. Tran, J. White, J. Hsu, and K. Goh, April. California Environmental Protection Agency, Environmental Hazards Assessment Program, 1997)
Resolution on a Nuclear Free Zone in the Arctic
The nuclear free zone was re-declared, partly because of MX and cruise missile testing or concerns about it in the arctic region. No date. (Inuit Circumpolar Conference, Archive: Fourth World Documentation Project).
Save Ward Valley Coalition
One of the political coalitions fighting to stop a nuclear dump in Ward Valley; others include the Colorado River Native Nations Alliance. (1998).
Save Ward Valley Newsletter
The Colorado River Native Nations Alliance opposes a proposed nuclear dump in Ward Valley. (Earthrunnner, 1996-).
Serpent Mound - Newark Octagon State Memorial Threatened By Construction
Skull Valley Goshutes - Nuclear Waste
Skull Valley Goshutes
Devoted exclusively to the issue of storing spent nuclear fuel on the Skull Valley Reservation (this is one continuing development of the MRS program on Native American lands that was widely reported several years ago in environmental publications). The state of Uah and over half the tribe are suing to stop the plan.
Special Alert - Makah Whaling
Tanacross - Hunting Rights - Alaska
The Canadian Government and the Great White Lie
The Continuing Sordid History of the Treatment of the Esselen Indians
The Crimes of Christopher Columbus
   Examining the Reputation of Christopher Columbus
  16 January 1493 [Atlantic Slave Trade]
  An article which lays the origins of the slave trade in North America
  squarely at the feet of Christopher Columbus.
The Dispossessed Cowlitz
The Holocaust of the Native Americans
The Mojave Tribe After the White Man Came
The Ramapough Mountain Indians
The Thunderwater Movement
The Yakima or Yakama Indians
Uranium Industry and Indigenous Peoples of North America
(Four Directions Council, Submission to the United Nations, Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities. Archive: Fourth World Documentation Project, 1987).
Uranium Mining and the Church Rock Disaster
In 1979, a dam burst and released tons of radioactive mill wastes into the Rio Puerco River, a water source for Navajo families and their livestock. The long-term health disaster that has resulted is now one of the most well-known examples of the dangers that uranium mining poses to the Navajo and others in the Southwest. This is a very useful chapter-length history of these events. (Harvey Wasserman and Norman Solomon, Excerpt from Killing Our Own: The Disaster of America's Experience with Atomic Radiation, 1945-1982. New York: Delacorte Press, 1982).
Violence in Indian Country over Waste
An article about violent conflicts over toxic waste dumping on native lands. (Peter Montague, RACHEL's Environment and Health Weekly 404. Annapolis: Environmental Research Foundation, 1994).
Ward Valley
A proposed nuclear dump in Ward Valley, California, is opposed by the Mojave/Mohave and the Chemehuevi peoples. (Bay Area Nuclear Waste Coalition, 1997-).
Waste Programs Environmental Justice Accomplishments Report
For anyone with a desire to oversee bureaucratic justification, the EPA explains its progress on environmental justice for Native Americans. (Environmental Protection Agency, 1996).
Water Rights in the Southwest
Water Rights in California
Winds of Change
White Mesa Utes Beat Back Superfund Tailings
"White Mesa Utes defeat DOE's plans to dump hazardous waste on land surround their reservation." (Carol Sisco, High Country News 27(1), January 23, 1995).
Wovoka's Message: The Promise of the Ghost Dance
Yankton Sioux Oppose Reservation Waste Dump
The Yankton Sioux are going to receive a waste dump on their reservation, despite irregularities in the environmental review process and even though they are not members of the landfill district siting the dump. Article from Support for Native Sovereignty. (On Indian Land. Seattle: Support for Native Sovereignty. Archive: NAE, 1996).
NOTE FROM A READER - 9-28-00
Hi, All. Just a quick note to let you know that indeed, we have achieved a small victory for Truth.
That hate-filled website (http://sue3hawk.freeservers.com/web2/whitebuffalo.html) which condoned and implicitly encouraged genocide, violence, and atrocities against the Lakhota Sioux and all Traditional Native Americans has been shut down by its webserver, freeservers.com, as being in violation of the webserver's hate and harassment regulations.
Additionally, the egroups mailing list, WhiteBuffaloTalk, sponsored by the person on aol (NAIndian/CherokeeNeshoba) and which promoted that twisted sick website has also been removed.
Furthermore, several activist and hatewatch organizations have become involved and there are now lawsuits pending for violation of United States Civil and Hate Crimes.
I truly thank each and every one of you who wrote to protest these horrific things. A real grassroots confrontation with hate, and it was phenomenal work! Fighting the proverbial good fight never ends but it sure looks like we won this battle. What each of us did truly affected us all.
Mitakuye oyasin.... we are all related. -steph
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Flags of the Native Peoples of the US All US Tribes Main Access Map Index American Indian Reservation Summary BIA Criteria for Acknowledgement as an Indian Tribe Indian Identity: Who Is Drawing the Boundaries? Indian Nations: The United States and Citizenship 1983 Map of Native American Tribes, Culture Areas, and Linguistic Stocks Smithsonian Institution Native American Population Statistics US Census statitics for 1980 and 1990 compared for Native Americans Native American Socio-Economic Characteristics Education, Occupation, Income Native American Languages Spoken in the Home The Indian Removal Act of 1830 The White Buffalo - This site contains the worst lies of all Tribal Leaders Discuss the Importance of the April 1, 2000 U.S. Census Tribal Leaders List and Agency Information Bureau of Indian Affairs U.S. Census Bureau General Information U.S. Federal and State Reservation Map When is a Tribe a Tribe?

NATIVE AMERICAN LAW American Indian Law Scientist Directory of Tribes - in the Lower 48 The Aboriginal Law and Legislation The Indian Child Welfare Act Links Senator Daniel K. Inouye Home Page U.S. Department of Interior U.S. Department of Interior - email addressesTreaty of Prairie du Chein Treaty 7 Tribal Council The Indian Defense League of America International Indian Treaty Council List of Federally Recognized Tribes Native American Rights Fund Legislation pertaining to American Indian languages National Indian Justice Center (NIJC) Native Political Action group Native American Political Issues Bureau of Indian Affairs  this page is not available as of 8-30-02 due to a law suit BIA: Branch of Acknowledgement Native Organizations and Urban Indian Centers Listing of lands tribally owned. Canada-Indian Treaties Native American Grave Protection and Repatriation Act Native American Prison Issues New York Indian Law Selected United States Supreme Court Native American Law Decisions 18 U.S.C., Chapter 35 (Indians) Provides the full text and a keyword search. 28 U.S.C. § 1362 (Indian tribes) 42 U.S.C., Chapter 22 (Indian Hospitals and Health Facilities) Provides the full text and a keyword search. The Fort Laramie Treaty of 1851 The Fort Laramie Treaty of 1868 Tribal Sovereignity Indian Tribes - Population Rankings Native American Rights Fund (NARF) U.S. Department of Interior (Responsible for the Bureau of Indian Affairs) U.S. Department of Interior - email addresses Bureau of Indian Affairs U.S. Census Bureau Iroquois Constitution Laws and Treaties with the Cherokee, Choctaw, Flags of the Native Peoples of the US All US Tribes Main Access Map Index American Indian Reservation Summary BIA Criteria for Acknowledgement as an Indian Tribe Indian Identity: Who Is Drawing the Boundaries? Indian Nations: The United States and Citizenship 1983 Map of Native American Tribes, Culture Areas, and Linguistic Stocks Smithsonian Institution Native American Population Statistics US Census statitics for 1980 and 1990 compared for Native Americans Native American Socio-Economic Characteristics Education, Occupation, Income Native American Languages Spoken in the Home Tribal Leaders Discuss the Importance of the April 1, 2000 U.S. Census Tribal Leaders List and Agency Information Bureau of Indian Affairs U.S. Census Bureau General Information U.S. Federal and State Reservation Map When is a Tribe a Tribe? Native American Documents Project Cal State at San Marcos: Professor E. Schwartz Native American Constitution and Law Digitalization Project Tribal constitutions and codes are the heart of self-government for over 500 federally recognized tribes, and are the lifeblood of Indian sovereignty. The University of Oklahoma Law Center Library and the National Indian Law Library work with tribes whose government documents appear on this web site; these tribal documents are either placed online with the permission of the tribes, or they are U.S. Government documents, rightfully in the public domain.

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Custers Last Stand George Armstrong Custer The Little Bighorn National Monument Battle of the Little Big Horn The Custer Battlefield National Monument 1986 The Little Big Horn Coverup Notes from The North American Indian E.S. Curtis The Battle of the Greasy Grass (c. 1898) by Mato Wanartaka (Lakota: 1846-1904). The Southwest Museum, Los Angeles The Battle of the Little Bighorn: Two Perspectives Two Views of the Greasy Grass Battle (Little BigHorn): The Native and the Non-Native One an Indian drawing by Red Horse, a Minneconjou Sioux, and an illustration which appeared in Harper's Weekly. Custer Battlefield Historical and Museum Association Is there still a Custer Battlefield? Indian Memorial at the Little Bighorn Battlefield National Momument Public Law 102-201 signed by President George Bush on December 10, 1991, renamed Custer Battlefield National Monument in Montana as Little Bighorn Battlefield National Monument and called for the design and construction of a living memorial and monument to recognize the Indians who fought, on either side, to preserve their land and culture in the Battle of the Little Bighorn, fought on June 25-26, 1876. An Annoted Roster of the American Indian Participants in the Battle of the Little Bighorn Mato Wanartaka's (Kicking Bear's) Account of the Battle Indian Memorial at Little Bighorn Battlefield National Monument "If this memorial is to serve its total purpose, it must not only be a tribute to the dead, ; it must contain a mesage for the living...power through unity..." Enos Poor Bear, Sr. , Oglala Lakota Elder Killing Custer A review of the book by Blackfeet-Gros Ventre author James Welch Red Horse A Lakota account of the battle Kate Bighead A Cheyenne's woman's account of the battle Custer's Last Stand - The Finale Battles Biography George Armstrong Custer (1839 - 1876) by THE WEST TV Series Biography George Crook (1828 - 1890) by THE WEST TV Series Tom Custer Died Alongside Brother George The Little Bighorn-Description of the events of "Custer's Last Stand" by ES Curtis. The Army's greatest Indian fighter, George Crook, may have contributed to Custer's defeat at Little Bighorn. However, during his last years he campaigned vigorously on behalf of the Lakota Indians. Cheif Red Cloud once said: "Crook never lied to us. His words gave people hope". FILMS Crazy Horse (1996 Col.) TV-film Michael Greyeyes. Chief Crazy Horse (1955 Col.) PLOT Summary. Crazy Horse (1943) Crazy Horse and Custer - The Untold Story (1990) Biography Marcus A. Reno (1834 - 1889) by THE WEST TV Series Officer in charge of the only unit to survive the battle of the Little Bighorn. Biography John Gibbon (1827 - 1896) by THE WEST TV Series Infantry Commander with General Custer at the battle of Little Bighorn and commander at other battles. Biography of Alfred H. Terry (1827 - 1890) by THE WEST TV Series A military commander under general Custer. Biography Philip Sheridan (1831 - 1888) by THE WEST TV Series A ruthless general during the wars against the plains Indians, with no concern for casualties among innocent non-warriors. Little Bighorn Coverup

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The Story of the Potawatami Death Trail

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THE TRAIL OF TEARS THE INDIAN REMOVAL ACT BY President Andrew Jackson - 1830 The Indian Removal Act, signed by President Andrew Jackson in 1830, required all tribes east of the Mississippi to cede their land to the U.S. government and migrate to the western plains. The journey west, called the "Trail of Tears," took its tool on the four southern nations (Choctaw, Chickasaw, Creek, and Cherokee) forced to move. Many Indians left behind comfortable homes and fertile farmlands, and one-third of the migrants perished in their new surroundings. This depiction of the Trail of Tears shows how little the Indians were able to take with them on their mandatory relocation. The Indian Removal Act of 1830 - The Trail of Tears Note: The Indian Removal Act empowered by president Andrew Jackson allowed the U.S. Government to move eastern Indians west of the Mississippi, mainly Cherokees. The purpose was to put pressure off arising conflicts since the flawed thinking was that the white settlements would never penetrate that part of the continent. The project was ill-conceived and culturally chauvinistic. Even the staunchest defenders of this act were admitting defeat at the time. In the spring and summer of 1838, more than 15,000 Cherokee were removed by the U.S. Army from their ancestral homelands in North Carolina, Georgia, Tennessee and Alabama. They were held in concentration camps through the summer and fall then forced to travel nearly 1,000 miles during an extremely harsh winter to Indian Territory in Oklahoma. It is estimated that almost 4,000 died of hunger, dysentery, exposure and other causes during the trek. Members of the tribe call the forced evacuation of their homelands and the horrendous journey "Nunahi-Duna-Dlo-Hilu-I", which translates to "Trail Where They Cried". The infamous removal concept was later refined into the reservation idea. The Indian Removal Act of 1830 North American Indian Removal Policy Andrew Jackson Addresses Congress.   Trail of Tears The Trail Where They Cried nu na hi du na tlo hi lu i The Cherokee Trail of Tears - 1838/1839 The Cherokee Trial of Tears - Timeline History of the Florida Indians Isaac McCoy Papers John G. Burnett's Story of the Removal of the Cherokee's The Trail of Tears Across Missouri The Trail of Tears, by Joan Gilbert Accounts of the "Cherokee Trail of Tears" Fighting For Our Lives Indian Removal Policy Black Seminoles The Trail of Tears The Trail of Tears Andrew Jackson and Cherokee Removal Quotations From The Trail Where They Cried The Trail of Tears The Removal Historical Documents - The Trail of Tears The Trail of Tears Association Indian Territory in U.S. history, name applied to the country set aside for Native Americans by the Indian Intercourse Act (1834). In the 1820s, the Federal government began moving the Five Civilized Tribes (Cherokee, Creek, Seminole, Choctaw, and Chickasaw) of the Southeast to lands West of the Mississippi River. The Indian Removal Act of 1830 gave the President authority to designate specific lands for them, and in 1834 Congress formally approved the choice. The Indian Territory included present-day Oklahoma N and E of the Red River, as well as Kansas and Nebraska; the lands were delimited in 1854, however, by the creation of the Kansas and Nebraska territories. Tribes other than the original five also moved there, but each tribe maintained its own government. As white settlers continued to move westward, pressure to abolish the Indian Territory mounted. With the opening of W Oklahoma to whites in 1889 the way was prepared for the extinction of the territory, achieved in 1907 with the entrance of Oklahoma into the Union.

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TREATIES Treaty Between England and the Canadian Chippewas Treaties by Nation Native American Web Services (Nawebs) has published nearly 400 downloadable full-length treaties. Excellent resource. Fort laramie Treaty of 1868 with the Lakota and Dakota (Santee) Lakota Treaty of 1825: Teton River Lakota Treaty of 1825: Lookout River Lakota Treaty of 1851: Fort Laramie Agreement of 1882 with Lakota and Dakota People Federal Treaties Made with Individual Native Nations Alphabetical Gopher Listing U.S. Goverment Bills Concerning American Indians Big White Lies

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WOUNDED KNEE Wounded Knee (1890) Note: Wounded Knee Creek, Pine Ridge Indian Reservation, South Dakota December 29, 1890. For the Plains Indians this was the last act of defiance ending in a massacre carried out by Colonel James Forsyth's Seventh Cavalry. There would be no more battles but this 100+ years old memory is still a wound in many hearts. Perhaps the most famous Indian-fighting general in the U.S. Army at the time, General Nelson A. Miles, accused Forsyth of "blind stupidity or criminal indifference" and relieved him of command. General Miles called this "a useless slaughter of Indian women and children". But the war department, determined to portray this finalconfrontation of the Indian wars in a heroic light, stopped any further investigation of the incident. Wounded Knee: Historical facts and information - approved by traditional elders on the Pine Ridge and Cheyenne River reservations. The Murder of the Wind of Peace A Massacre Survivor Speaks... Dr. Wagner's Wounded Knee Testimony Bringing Lost Bird Home Medals of Wounded Knee Medals of dis-Honor ...more Medals of dis-Honor Medals of dis-Honor Campaign An email campaign has been initiated so as to force the U.S. Government to rescind the twenty medals of dis-Honor awarded participants in the Massacre at Wounded Knee. Your help is solicited...an input form is provided for your convenience Lieutenant Bascom Gets His Due.. Rescindment Petition Comments Senator McCain Responds to the Rescindment Petition My Response to McCain Wokiksuye Canpe Opi...a site dedicated to rescindment of the "medals of dis-Honor." So proudly the Army displays it's flag with over 170 battle streamers at the Pentagon, White House, West Point Military Academy, museums and Army posts throughout the world. The Pine Ridge battle streamer has the highest number of Congressional Medals of (dis)Honor (20) of all the streamers... Use of the Army Flag at EPA Events: The September 1999 directive from the EPA Office of Civil Rights, and the memorandum from The American Indian Advisory Committee. Heroes of Wounded Knee Creek - 1890 Wounded Knee Survivors Association Testimony - Senate Hearing, September 1990 A Chronology of Events Leading Up to the 1890 Wounded Knee Massacre Note that the Massacre at Wounded Knee did not happen in a vacuum, it was not an unrelated incident. The fires of hatred and racism were fueled from many quarters and a volatility was building. Contributing a good deal of fuel were newspaper articles and editorials such as those mentioned below. "The death of Sitting Bull removes one of the obstacles to civilization...He was a greasy savage..." So reads an article published on Wednesday, Dec. 17, 1890 in the St. Louis Republic, St. Louis, Missouri. Writing in his newspaper the "The Aberdeen Saturday Pioneer", Aberdeen, South Dakota, L. Frank Baum opined with regard to the Indian Nations, that "We cannot honestly regret their extermination..." Thus fueled was the murderous firestorm that was Wounded Knee. A Tribal Park, A Farce... Who Should We Believe? Wounded Knee...Are We About To Do It Again? Wounded Knee Landowners Reply to Wasichu... Wasichu Sculptress Proposes Wounded Knee Memorial Aberdeen Touts A Racist Attack On An Attempt To Hold Baum Accountable For Genocidal Declarations Twisted Footnotes to Wounded Knee Commentary on Twisted Footnotes Acknowledge L. Frank Baum's (author of The Wizard of Oz) Genocidal Declarations Baum Petition Responses Sitting Bull, In Memory Black Hills Thievery Renewed Wasichu's Continuing Gall...the Buffalo Nickle Act Putting Enemy Heads On Pikes... a response to the Buffalo Nickle Act First Nations Site Index American Indian Movement Anna Mae Aquash Archive BigFoot Speaks from the Grave Wounded Knee Massacre with photos The Murder of the Wind of Peace Wounded Knee Are we about to do it again? Black HIlls Thievery Attempt - Part I Black HIlls Thievery Attempt - Part II Sitting Bull Crazy Horse Chief Joseph Red Cloud Like Grass Before the Sickle Turning Hawk and American Horse The Native account of the massacre Wounded Knee South Dakota Wovoka-The Messiah The Ghost Dance Chief Bigfoot National Memorial Park Assist the Elders LYCOS Links to Wounded Knee

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Missouri Indian burial mound

INDIAN MOUNDS OF THE UNITED STATES

http://www.greatdreams.com/mounds.htm
MISSOURI
Mystery Mound of Missouri
Missouri
Boulware Mound Group Archaeological Site
Brown, E.L., Village and Mound Archaeological Site
Crigler Mound Group Archaeological Site
Delta Center Mound
Denton Mound and Village Archaeological Site
Mealy Mounds Archaeological Site
Mellor Village and Mounds Archaeological District
Mellor Village and Mounds Archaeological District (Boundary Increase)
Murphy Mound Archaeological Site
Osterhout Mound Park
Pigman Mound Archaeological Site
Portwood Village and Mound
Sharkey Mound Group
Sugar Loaf Mound
Mound City - Native American Mounds - St. Louis (Part 1)

In Connecticut Irene Unearths Bones Believed to Be from Native American Burial Ground

http://www.nbcconnecticut.com/news/local/Irene-Unearths-Bones-Believed-to-Be-from-Native-American-Burial-Ground-130351998.html

When the powerful Tropical Storm Irene swept through, the storm unearthed a mystery in Branford.

Part of Linden Avenue collapsed from the storm and neighbors of a beach there found what they believed were human bones protruding from the embankment that the storm eroded and called Branford police. Those bones, experts have determined, likely came from an ancient Native American burial site.

Police responded to the eroded area on Aug. 29 and brought the bones to the Connecticut State Medical Examiner’s Office, who determined the bones were human, and possibly of Native American origin.

"They were femurs, some rib bones, parts of the pelvis," said Running Fox, a member of the Quinnipiac Tribal Council.  He said the unearthed bones were remains of two members of the Totoket Quinnipiac Tribe.

Over the years, ancient arrowheads and stone tools have been found in Branford.

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Over the last few weeks, Branford Police and the town’s engineer, Janice Plaziak, have worked closely with archaeologists and members of the Native American Heritage Advisory Council to maintain the integrity and security of the site until a proper method of returning the area back to its pre-storm condition could be determined.

“Our major concern during these preceding weeks was to maintain the honor and respect of those Native Americans who may have been laid to rest in this area and work closely with their ancestors to maintain the dignity they deserve,” Police Chief Kevin Halloran said.

A special burial ceremony was held Thursday to return the remains to their rightful place.

"It gives us an opportunity to thank the creator and ask him to watch over them so they will never be disturbed again," Fox said.


 http://diaconspiracyfiles.com/2009/05/16/dia-and-ancient-indian-burial-grounds/

DIA and ancient Indian burial grounds

May 16, 2009

DIA's huge pedestrian bridge.

Is DIA built on top of ancient Native American graves?
Such rumors are certainly part of the airport’s folklore among DIA employees and frequent travelers. This is usually in reference to the pedestrian bridge arching between the main Jeppesen Terminal building  and Concourse A. It is on these moving walkways that visitors will hear the sounds of  Native American chants being played from speakers in a continuous loop. Officially the recordings are part of the extensive DIA art program and have been playing non-stop, 24-hours a day since the airport’s opening 14-years-ago.
As the story goes, the airport was constructed on top of burial grounds and spiritual sites used for centuries by the native tribes that populated the Front Range before the coming of the White Man. The perpetual playing of Native American songs in the 365-foot-long bridge was originally initiated by officials as a way to placate any angry spirits who might want to pull a Poltergeist or The Shining on one of the nation’s busiest airports. People in the conspiracy theory world think the burial ground may have connections to the Navajo writing in the floors at DIA and the dead Native American women seen in the Tanguma murals.
When asked, DIA spokespeople laugh-off the notion that the music has anything to do with angry spirits or that the land where the airport sits was a burial site for ancient tribes. Noting that little archeological evidence of Indian burial sites has ever been found around DIA, they surmise that the rumor had its origin in a ceremony that was performed around the time of  DIA’s groundbreaking in the late-80′s by various Native American shaman to bless the new facility. Anything else is pure conjecture, they assert.
What they don’t mention is the secret ceremony conducted on the grounds of the airport in 1995.
That April, coalition of Native American spiritual leaders from around the country performed a night-time ceremony at several sites around the airport to put ancient spirits to rest that were disturbed by the construction of the multi-billion dollar airport. They were part of an official city group under the Webb administration called the “DIA Spiritual Resolution Committee.”
Members included representatives of the Cheyenne and Arapaho tribes who said they had discovered several sites where the spirits had been disturbed, said an article in the Rocky Mountain News. The city and the airport even paid for leaders of the Montana Cheyenne to come to Denver calm the Indian ghosts. At the time, one of the group’s members told another reporter that “Whenever [spirits] are disturbed, it seems like bad things come about.”
Better keep that music playing.


 http://www.westword.com/1995-05-31/news/political-seance/

POLITICAL SEANCE

A CITY AGENCY CALMS INDIAN SPIRITS AT DIA, BUYS T-SHIRTS FOR SENIORS AND BONES UP ON ITS FRENCH--ALL IN THE NAME OF "COMMUNITY RELATIONS."

A A A Comments By Arthur Hodges Wednesday, May 31 1995

It cost Denver taxpayers $700 to have Lance Allrunner arrange a secret ghost-busting ceremony at Denver International Airport last month. But the way Allrunner sees it, it was money well spent.
Allrunner, a 26-year-old Denver resident, traveled by car to the Cheyenne Indian reservations in Oklahoma and Montana earlier this year as an emissary of Denver mayor Wellington Webb. His mission: to confer with leaders of the tribe about ancient spirits allegedly agitated during the construction of DIA.
Rumors that the new airport was built atop a Native American burial ground have circulated for years, though copious archaeological research has never found any evidence to support them. What's more, a group of Indians already blessed the airport in a religious ceremony eight years before. But Allrunner, a volunteer member of the city's "DIA Spiritual Resolution Committee," says it was best not to take any chances. Allrunner, who is part Cheyenne, succeeded in convincing representatives of the Montana Cheyenne to come to DIA and calm the Indian ghosts in a nighttime ritual conducted on Easter weekend.
"Whenever [spirits] are disturbed, it seems like bad things come about," Allrunner says. "I was thinking about the safety of people."
Reimbursement for Allrunner's travel costs, records show, came from the Agency for Human Rights and Community Relations, an obscure branch of city government that has engendered more than its share of controversy in the past year.
The stated mission of HRCR is to make sure City Hall has a human face--and, in the words of its director, to take care of "the most vulnerable of Denver's citizens." But critics of the agency, including former employees, say that under the current administration, HRCR has been plagued by mismanagement, political cronyism and spending that has ranged from the wasteful to the simply bizarre.
"The whole agency stinks," says Michelle Mobley, a former Volunteers in Service to America (VISTA) worker assigned to HRCR last summer.
Last year Webb transferred responsibility for the federally funded "Weed & Seed" anti-crime program from HRCR to another city department after residents charged that the initiative was being mismanaged. But complaints about the program have persisted. Just last week, former HRCR employee Sue Weinstein went public with allegations that her colleagues at Weed & Seed had been hired on the basis of their ties to Webb and were more concerned with serving the mayor than with fighting crime in city neighborhoods.
In March, KMGH-TV/Channel 7 revealed that a block captain in HRCR's Neighborhood Watch program had been indicted by a federal grand jury for drug trafficking. Around the same time, Westword reported that an HRCR anti-crime coordinator active in the Webb campaign had been arrested three times in the past twelve years.
Larry Borom, the former head of the Denver Urban League whom Webb appointed to head HRCR in 1993, says the agency does a good job overall. "We serve as a liaison between the city and the citizens," Borom says. "That's what makes the city a human place--a place that cares about its citizens."
And some Denver residents say they are truly thankful for HRCR. Highland neighborhood resident Russ Tarver, for instance, says the agency helped him get a handicapped parking space in front of his home after he suffered a stroke a few years ago.
But even Tarver, who sits on the board of his neighborhood association, voices frustration with the agency. When he went back to HRCR last year to get Neighborhood Watch materials translated into Spanish for Highland's Hispanic residents, he says, staffers were rude and uncooperative. "They didn't want to help," Tarver says. "They didn't want to do anything."
Webb's political opponents, including supporters of Mary DeGroot, Webb's challenger in the mayoral election, go even further, charging that the agency has been used as a taxpayer-funded auxiliary of the Webb campaign. HRCR is "real good at promoting supporters of Mayor Webb, in my opinion," says city councilman Ted Hackworth, a longtime Webb foe. "That's its main purpose."
Founded in 1948, HRCR has grown into an umbrella agency whose official goals couldn't be loftier. The current city ordinance authorizing HRCR says its purpose is to provide "an equal opportunity for citizens of Denver to participate fully in the economic, cultural and intellectual life of the city."
The agency attempts to do that by supervising nine different offices and commissions, each with separate responsibilities. There's the Commission on Youth, which oversees programs for city teenagers and runs the Neighborhood Watch anti-crime program. There's the Public Safety Review Commission, which hears citizen complaints of police brutality. There's the Office of Citizen Response, intended to serve as a general governmental troubleshooter for Denver residents and help them negotiate the bureaucratic maze of City Hall.
Borom says HRCR offices like the Denver Women's Commission are important, even in an era when voters are railing against government waste and public spending is being cut to the bone. "For the cost that you pay, you get a very high-quality product--a distilled sense of where the problems are" for women in the city, Borom says. "It's a really important function to empower the women in the community. And no one else does that."

What in the World is Being Sprayed in The Skys?

http://vimeo.com/16219493

 What in The World Are They Spraying?

Congressional edition, Volume 2912 By United States. Congress

Congressional edition, Volume 2912 By United States. Congress

http://books.google.com/ebooks/reader?id=7jpHAQAAIAAJ&printsec=frontcover&output=reader

February 25.1892.—Ordered to be printed.

Mr. Morgan, from the Committee on Indian Affairs, submitted the

following

The Committee on Indian Affairs, to whom was referred the hill (S. 1548) to extend the jurisdiction of the Supreme Court of the United States as defined in section 709 of the Revised Statutes, etc., submit the following- report and accompanying papers, and recommend the passage of the bill:

The effect that is to be given to the judgments of the tribal courts, based upon their written constitutions, and the laws enacted by the legislatures of five civilized tribes—especially with reference to the disposal of their lauds within the undisputed limits of their national boundaries to their own people—is a matter of the deepest concern to the tribes, the individual Indians, and to the Government of the United States. To postpone a satisfactory and final decision of this subject to a future i>eriod will invite confusion, distrust, and civil strife in that entire country.

The bill reported by the committee (S. 1.548) appears to be the best if not the only means of reaching a just, satisfactory, and indisputable decision and settlement of these questions.

As a matter of constitutional power, the enactment of laws by Congress to define and regulate the political status of these five tribes can not be disputed. Any declaration in our treaties, or in existing statutes, as to the mere political right of the Indians to have and conduct local self-government, must yield to the power of Congress to repeal the mere political features of such treaties and statutes whenever they are found to be inconsistent with and injurious to the general welfare of the people of the United.States.

This power has often been declared, both in acts of Congress and in the decisions of the Supreme Court of the United States. But when a proprietary right is vested in any grantee by a treaty, the repeal of the treaty does not affect the right. Especially is this true of grants of land by fixed boundaries, which have been demarked and ratified by authority of the legislature and recognized by the executive and judicial departments of the Government.

Neither can the power to dispose of lands so granted be afterward taken away when that power is one of the elements of the grant and is made necessary by the terms of the treaty or by the then existing conditions in order to the full execution of the purposes of the grant. The grant and the power to completely execute it are equally the right of

 http://www.myazbar.org/AZAttorney/Archives/Jan98/1-98a3.htm
 January 1998

Native American Cultural Property Law Human Rights Legislation by Hon. Sherry Hutt In the larger scope of history this is a small thing; in the smaller scope of conscience, it may be the biggest thing we have ever done. — Congressman Morris Udall, October 1990 1 This decade began with a resurgence of human rights activism on a scale not seen for 30 years. The recent events were quiet ones. The scene of the activity was the U.S. Congress and the state legislatures of almost every state in the country, including Arizona. This venue posed a certain irony, since it was the legislative process which proved unresponsive in the 1960s and forced human rights issues into the courts. This time it was the judicial system which failed to respond. The beneficiaries of this recent activity have been Native Americans, a group only indirectly benefited by the sensitivity to diversity and human equality of the 1960s civil rights laws. The new laws are not concerned with equality in employment, housing and education, but pertain to the previously overlooked issue of cultural property rights of Native Americans. The laws discussed in this article do not create new or special rights for Native Americans. Rather, they guarantee to them property rights otherwise protected by our constitution and laws. The enforcement of existing but abridged rights is the essence of human rights legislation.2 Recognition of Cultural Property Rights as Protected Human Rights Cultural property can be defined as an evolving irreplaceable resource that defines the unique existence of a group of people. It is the underpinning of group identity in a spatial and temporal context. It may be the tangible expression of humans interacting with their environment; 3 or the intellectual property of groups, such as Navajo ceremonial songs; or ethnobiological knowledge.4 The preservation of cultural property rights is essential to give meaning to human existence and as a bond against enslaving a people by diminishing the definition of their existence.5 "The distinction sometimes made between property rights and human rights is spurious. Human rights are simply part of a person’s property rights." 6 The concept is so simple it can be taken for granted, unless you are within a group of people whose property is administered by a government which historically has assigned their rights to others. Since 1906, the United States has retained the authority to control permits for excavations on lands under its jurisdiction, the fruits of which are to be placed in public museums.7 A social ethic developed in this country which allowed items held in common and placed in accessible areas, not under lock and key, to be available for personal collection. Even burials, the rights to the disposition of which under English common law and American property law are reserved to descendants, have been assumed to be government property when they are the burials of Native Americans. 8 Native people recognize that there is a connection between their well-being and the places and items which define their culture and which may be deified. In contrast, the modern, Christian and anthropocentric views have allowed a linear concept of a beginning and end to time on earth to rule the use of cultural and natural resources. "This linear concept is accompanied by an implicit faith in perpetual progress." 9 The result has been a lack of respect for the cultural traditions of native people. We have come to a point in time where respect for the cultural property of Native Americans must be viewed as a human right. The questions which are addressed by an examination of cultural property law are not whether scientific inquiry in archeological excavations, or mass development of the landscape for human occupation, should occur. Rather, the issues are framed in terms of who has the right to decide. There must always be an initial inquiry into who has the right to control the disposition of an item. "The forced sharing of space brings home the forced coexistence with other people in the world and the forced sharing of the decision-making power."10 The recognition of Native American cultural property rights brings to an end the domination of Eurocentric assumptions concerning property rights. The recent example of the dinosaur "Sue" illustrates this point. Scientists criticized the sale of "Sue," but neglected to consider the property rights of the Native American landowner. Dinosaur remains are periodically sold in this country, and Native Americans have the same property rights as all other landowners. Failure of the Courts to Uphold Cultural Property Rights It may be asked, if cultural property rights are inherent within existing law, why was there a need to devise specific new legislation? The answer given to this question during the Senate hearings before the Interior and Insular Affairs Committee in 1990 was that attempts to enforce property rights using available legal means would not be upheld in court. 11 Numerous examples were cited in the Congressional hearings to illustrate the present status of the legal culture. Only two examples will be noted here. During a frolic in the Florida swamps in 1964, Arnold Clifford Newman came across the coffin of a Seminole Indian, who had been resting in peace for about two years, and removed the skull and other items. In overturning his grave defacement conviction on appeal, the court classified the law as analogous to malicious mischief; which must be perpetrated "wantonly and maliciously." 12 The court discussed at length the virtues of Mr. Newman, found that such a paragon of virtue was not capable of wanton and malicious acts and quashed the conviction. In Ohio, grave desecrations of older remains were routinely ignored, as the courts there have long held that remains in an advanced stage of decomposition no longer constitute a corpse.13 Although Native American mortuary traditions have not been given great weight in court, return of cultural property to tribal people has occurred on a voluntary basis. The Heard Museum in Phoenix repatriated Apache War Shields as an action of the board of directors prior to the imposition of legal requirements. The Heard’s Director, Dr. Martin Sullivan, had overseen the return of Wampum Belts to the Onondaga Nation while in his previous capacity as director of the New York State Museum. The Onondaga had not fared as well in court. They had brought an action in 1899 for return of stolen property and the matter was unresolved for 75 years. 14 When pursuing stolen property, common law theories should have been adequate. However, property held by the government or discovered pursuant to an excavation permit is deemed by law to be government property and may not be deacquisitioned by even the most well-meaning public servant. State and Federal Legislation State Laws: Most states have health and safety laws which regulate care of the dead and cemeteries. Prior to 1988, most of these laws only pertained to marked graves in clearly established cemeteries. In the often-cited opinion of the California Court of Appeals in Wana the Bear v. Community Construction, Inc., 15 the California burial law was held not to apply to unmarked Native American burial grounds which predated the law. In states where protection was afforded to Native American traditional burials the penalties were minor and were insufficient to deter looting or vandalism. Public attention was focused on the the issue of Native American burials in 1988, when National Geographic published a lengthy article on the massive destruction of more than 800 burial sites on a private farm in Kentucky and the failure of the government to respond. Between 1988 and 1990, almost every state in the country amended its laws to include protection for Native American burial sites. 16 States which previously had mild protection laws amended them to add felony sanctions for destruction and theft of items from sites whether or not the sites were marked. This new generation of laws also included state statutes which required private landowners to report the presence of burials on their land to a state authority and to become involved in repatriation of remains to the appropriate tribalauthority. Arizona Law: Arizona was at theforefront of the recognition and protection movement when in 1990 it amended the Arizona Antiquities Act to include comprehensive provisions for the repatriation of sensitive Indian material.17 Arizona statutes Title 41, Article 4, protects "Archaeological Discoveries." Section 844A requires that the person in charge of any excavation on state land report to "the director of the Arizona state museum the existence of any archaeological, paleontological or historical site or object that is at least fifty years old," and take reasonable steps to secure and preserve the object. The state museum was made responsible for the curation of the item as property of the state. As of September 20, 1990, the statute was amended to add a process for notice to tribes and an opportunity for tribes to assert their ownership rights to "human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony."18 The Arizona repatriation law provides that the director of the Arizona state museum will give notice of discoveries to all individuals with a kinship relationship to the human remains, all groups that may have a cultural or religious affinity to objects, curatorial staff of the Arizona state museum, faculty members of state universities who may have significant interest in the items, and to the state historic preservation officer. Notice will also be given to tribes which occupy or have occupied the land on which the discovery is made, the Arizona commission on Indian affairs and the intertribal council of Arizona. The director is then charged with overseeing consultation and agreements on the disposition of items. If no agreement is reached the director shall defer to the nearest relative for the treatment of human remains; if no relative is known, or if the items in question are religious or cultural items, a disposition will be made in accordance with the desires of the culturally affiliated tribe. In any event, the disposition of items shall be handled in an efficient manner so that an affected construction project may be completed in a timely manner. When there is no claim for the return of human remains by a tribe, the state museum is charged with leaving the remains in place when possible or reintering them when removal is necessary. Reburial may occur up to a year after the excavation to allow for scientific study. Claims may also be made by a tribe for culturally affiliated human remains or objects in the possession of a state agency as of September 20, 1990. When there is a dispute between parties the statute requires arbitration, and the arbitrator may be the state historic preservation officer. Arbitration decisions are appealable to the superior court.19 The Arizona burial law, Title 41, section 865, which pertains to burial places more than 50 years old on state or private land, was also amended in 1990. It is now a class 5 felony to intentionally disturb human remains or funerary objects on state, local government or private lands, without permission of the director of the state museum. It is also a class 5 felony to unintentionally disturb burials and then neglect to report the find to the director or to further disturb a burial. 20 A person "who intentionally possesses, sells or transfers any human remains or funerary objects that is excavated or removed" in violation of this section are also subject to felony prosecution and forfeiture to the state of the item and the proceeds of any sale. 21 Federal Law: There are two main pieces of federal legislation which concern Native American cultural property: the Archeological Resources Protection Act (ARPA) of 1979, which is focused on the preservation of resources for their scientific value, and the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, which is truly Native American cultural property rights legislation.22 ARPA provides the federal government with a flexible tool to preserve and protect irreplaceable archeological resources. Archeological resource is defined as "material remains of past human life or activities" and which are at least 100 years of age. 23 ARPA contains a uniform system of permitting for excavations on federal land, and criminal or civil sanctions for the excavation, removal, damage or defacement of archeological resources on federal or Indian lands without a permit.24 Prosecution is also provided for the interstate transportation for sale or exchange of archeological resources obtained in violation of state or local law from state or private land,25 and for sale in the United States of items stolen from foreign entities. 26 Thus this law affords protection to ancient Indian burials and cultural property, which are all deemed to be property of the federal government, to be curated and studied under federal government direction. An exception to federal government ownership arises only if the items are located on tribal land, which creates a presumption of ownership in the tribal landowner. ARPA is repugnant to many Native Americans because it treats sensitive objects and human remains as scientific resources. In the course of a criminal prosecution a dollar value must be placed on these items. The fundamental flaws in the law, from the standpoint of human rights, are the failure to determine property rights and the underlying assumption that items on federal land are federal property. NAGPRA was drafted to overcome the shortcomings of ARPA and to institutionalize the consideration of Native American property rights with regard to human remains, funerary objects, sacred items and objects of cultural patrimony. In large part NAGPRA and the Arizona legislation are parallel treatments of Native American cultural property rights. Both laws require a determination of property rights from the time of discovery of human remains and cultural items, and both laws allow for the repatriation of items previously regarded as government property. Both laws contain provisions for felony prosecution for trafficking in Native American human remains and cultural items without proper authority. NAGPRA goes farther than the Arizona law to specify a process for the disclosure of items in the possession of federal repositories and museums which receive federal funds. These institutions must have completed a general summary of all Native American cultural items in their possession and disseminate those compilations to all federally recognized tribes which might have an interest in the items. The purpose of the summary is to give notice to tribes of the contents of the collection so that they may dialogue with museums and identify the protected items which they may desire to have returned. The federal agencies and museums which receive federal funds must also complete an item-by-item inventory of human remains and associated funerary items and furnish those lists to all parties who may have an interest. A statement of cultural affiliation on an inventory is a binding statement of the right of the culturally identified group or lineal descendent to claim the remains. If a museum which receives federal funds sells an item in its collection that is protected by NAGPRA, the institution is subject to criminal sanctions. 27 NAGPRA provides a good faith defense to later claims when it has repatriated an item in adherence to the NAGPRA process. 28 Pending Native American Cultural Property Issues The Custody Battle For Kennewick Man: Near Kennewick, Oregon, the remains of a 9,300-year-old man were found and the battle which looms over him may be greater than that of the altercation which caused a spear point to become lodged in his hip. The Army Corps of Engineers, on whose land the remains were found, made a determination that the individual was a Native American and they issued a NAGPRA notice of intent to repatriate to the Umatilla tribe, the aboriginal occupants of the area. A group of scientists and an anglo religious group, the Asatru Folk Assembly, have each brought suit in federal court in Oregon to claim the remains, one for science and the other on personal religious grounds. 29 The court must now answer the threshold question: is Kennewick Man a Native American? If so, NAGPRA applies and the law is clear that only federally recognized tribal groups have standing to make a claim. If not, the Corps will utilize their regular procedures outside of NAGPRA. This author has no idea whether Kennewick Man is a Native American. However, one thing is undisputably clear under the law, and that is that the decision rests with the Corps. The court may or may not find that the Corps’ decision was arbitrary, capricious or an abuse of discretion and remand the matter back to the Corps for further action. The decision begins and ends with the land managing agency. If Kennewick Man is determined to be Native American, the next step is to determine by a preponderance of the evidence which tribe among competing claimants shall have custody of the remains. Again, this decision begins with the Corps. Evidence in Support of Cultural Property Claims: Tribes may have had difficulty in the past perfecting claims to property, because the court did not recognize the common ownership of the property or because the evidence of cultural patrimony was offered by oral tradition. NAGPRA has legislated the admission of evidence based upon "geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion." 30 Since the essence of all evidence is relevance and competence, the law now recognizes that evidence of the status of an object has inherent reliability when offered by the people who are in a position to know its substance, such as an elder of the tribe or a religious leader. Conclusion This decade will be marked in history as a human rights period, one in which government action was predicated on a determination of the property rights of individuals. NAGPRA and the laws of its genre provide a process for establishing Native American cultural property rights. Sherry Hutt is a judge of the Superior Court of Arizona, Maricopa County, and co-author of Heritage Resources Law (published by John Wiley & Sons). ENDNOTES: 1. Statement to the House of Representatives upon the passage of HR 5237. 2. Jack F. Trope & Walter R. Echo-Hawk, The Native American Graves Protection and Repatriation Act: Background and Legislative History , 24 Ariz. St. L. J. 35 (1992). See generally 24 Ariz. St. L. J., Symposium: The Native American Graves Protection and Repatriation Act of 1990 and State Repatriation-Related Legislation. 3. F. Berkes & C. Folke, Investing in Cultural Capital for Sustainable Use of Capital, Investing in Natural Capital 1994. 4. Lawrence Yano, Protection of the Ethnobiological Knowledge of Indigenous Peoples, 41 UCLA L. R. 443 (1993). 5. Joseph Sax, Heritage Preservation As A Public Duty: The Abbe Gregorie and the Origins of an Idea, 88 Mich. L.R. 1142 (1990). 6. Yoram Barzel, Economics Analysis of Property Rights, p. 4 (1997). 7. 16 USC 431-433. 8. Margaret Bowman, The Reburial of Native American Skeletal Remains: Approaches to the Resolution of a Conflict, 13 Harv. Envtl. L. R. 147 (1989). 9. L. White Jr., The Historical Roots of Our Ecological Crisis, 155 Science 1203 (1967). 10. Margaret Jane Radin, Reinterpreting Property (1993). 11. Hearings on S. 1021 and S. 1980 Before the Senate Select Comm. on Indian Affairs, 101st Cong., 2d Sess. (May 14, 1990). 12. Newman v. State, 174 So. 2d 479 (Fla. App. 1965). 13. State v. Glass, 273 N.E. 2d 893 (Ohio App. 1971). 14. Onondaga Nation v. Thatcher, 61 NYS 1027 (1899). 15. 128 Cal. App. 3d 536, 180 Cal. Rptr. 423 (1982). 16. Thomas H. Boyd, Disputes Regarding the Possession of Native American Religious and Cultural Objects and Human Remains: 55 MO. L. R. 883, 901, 903 (1990). 17. Paul Bender, 1990 Arizona Repatriation Legislation, 24 ARIZ. ST. L. J. 391 (1992). 18. A.R.S. 41-844(B). 19. A.R.S. 41-844(J). 20. A.R.S. 41-865 (A,B,G). 21. A.R.S. 41-865(G). 22. ARPA 16 USC 470aa-mm (1979), NAGPRA 25 USC 3001-3013 (1990). 23. 16 USC 470bb(1). 24. 16 USC 470 ee. 25. United States v. Gerber, 999 F.2d 1112 (7th Cir. 1993), cert denied, 114 S.Ct. 898 (1994). 26. United States v. Melnikas, CR 2-96-107, Dis. Ohio (1996), conviction for theft of documents from the Vatican library. 27. 18 USC 1170(b). United States v. Slater Museum of Norwich Conn. Sale of a bowl subject to NAGPRA consultation was reversed. 28. 25 USC 3005 (f). 29. Bonnichsen v. United States, No. 96-1481 and 1516 (D. Ore.). 30. 25 USC 3005 (a)(4).

http://www.theonion.com/video/report-economy-failing-because-us-built-on-ancient,20638/