final project part 1

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Southern New Hampshire University *

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320

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Anthropology

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Jan 9, 2024

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6-2 Final Project Part I Submission: Cultural Ethics Analysis Report Arianna Reiley ATH-320 In addition to the previous landowners, the private university, and the state government, local Native American groups as well as UNESCO would be interested in investigating this archaeological site. Stakeholder Interest The previous landowners are going to be culturally and personally invested in the site because of their family's connection to the property. This piece of property has been under their care for five generations, which creates a personal and historical attachment. The family would want to preserve both their familial and historical ties to the property and any potential artifacts discovered. Next comes the private university, or the people who have most recently purchased the land. Their interest would be multi-faceted. Culturally, the discovery of any archaeological artifacts could increase their academic status and reputation, especially if these finds are historically significant. Economically and politically, the university owning the historical site and archaeological finds can pull in funding for research, potentially lead to partnerships or sponsorships, and overall increase the relationship between the university and governmental organizations. The state government's interest is also multifaceted and preserving the historical site could have many benefits. Showcasing the site has the potential to boost tourism and positively impact the economy. Culturally, the site could serve as a symbol of the state's dedication to preserving and protecting historical sites and Indigenous heritage. Additionally,

showing commitment to responsible land development and cultural preservation can increase public perception. Local Native American groups would have cultural and historical reasons to be invested in this site. The discovery of artifacts related to their culture and ancestry would be deeply personal. Artifacts provide a tangible link to the past, and Indigenous groups often do not even have the right to own their ancestral items and materials (Lorinc, 2018). This site could not only provide potential insights into their history and culture, but these items could provide comfort and aid in the preservation of their ancestry. I decided to choose local Native American groups as one of the interested parties because of the burial mounds located at one of the sites. This would be a cultural concern of local indigenous groups because remains of their ancestors are involved. For decades Native American groups have fought for their right to own items and artifacts related to their culture that have been found in archaeological sites, as well as fought to receive human remains from these sites. One such example comes from Maine, where both remains and sacred objects from the same burial site were held by Harvard's Museum of Archaeology and Ethnology and the Robert S. Peabody Institute of Archaeology (Mary Hudetz, Ash Ngu, 2023). Another example comes from the University of Texas who denied a Coahuiltecan tribe in San Marcos their request to have remains returned citing lack of evidence, despite archaeological accounts of the tribe existing in the area for more than 13,000 years (Roldan, 2022). Local indigenous groups in Virginia would be interested in the assessment of the site in the event that the site can be historically and culturally linked to their groups and would have the right to receive any discovered objects and remains from the site. UNESCO might be interested in the historical and cultural significance of the historical site. UNESCO's purpose is to preserve cultural heritage, and as such might see the archaeological

find as an opportunity to promote the preservation and protection of the site. This interest would be increased depending on its global importance and contribution to previously unknown history. UNESCO was chosen due to their commitment to global heritage preservation. Due to the nearby sites of archaeological significance and the presence of burial mounds as well as the link to slavery in America, UNESCO would be interested in its contribution to established knowledge of the time. They would likely help facilitate cooperation between indigenous and African groups and federal agencies involved due to their previous work in this area. Research Virginia Government Code of Virginia Code - Chapter 23. Virginia Antiquities Act . (2023). Retrieved December 10, 2023, from Virginia.gov website: https://law.lis.virginia.gov/vacodefull/title10.1/chapter23/ The Virginia Antiquities Act ensures the identification, preservation, and protection of historical sites and archaeological finds on state-controlled land or archaeological sites. This act also prevents the damage or removal of objects of antiquity and calls for penalties for any such removal. The National Historic Preservation Act. (n.d.). Retrieved from https://www.achp.gov/sites/default/files/2018-06/nhpa.pdf The National Historic Preservation Act, specifically section 106, calls for identification and assessment of historical sites and archaeological finds on or off federally owned or controlled property. Section 106 states that any projects approved, funded, licensed, or permitted by any federal agency are required to undergo assessment for any negative adverse effects the project might have on the site or objects discovered. In the event that the project might have

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negative effects, federal agencies are required to work with other parties in order to mitigate or prevent these effects. (“What Is Section 106? - Preservation Virginia,” 2020) Section 106 is essentially a system of checks and balances that protects historical and cultural sites. In Richmond, Virginia in 2021, a structure dating back to before the Civil War was discovered during a construction project. A 42 foot long tunnel-like structure was discovered during the construction of a campus extension and after thorough assessment of the structure, it was determined to not have any broad historical significance. However, elements of the structure will still be preserved and displayed to represent the history of the site. (Keller, 2023) This is an event in which construction came to a halt in order to determine the historical and cultural significance of a potential archaeological find. After significance was determined, the project could continue. There seemed to not be any ethical concerns with this project or the site in question: as soon as the structure was discovered, the proper teams and authorities were contacted in order to assess the area, and the construction team had no prior knowledge of the site. When it comes to the current project being discussed, the government in Virginia is deeply familiar with archaeological sites and artifacts. The state's preservation and conservation acts will serve as a guideline to prevent unethical behavior in the first place, but there is still risk. They could be personally motivated to get their highway constructed at any and all costs but checks and balances systems in place and the amount of interested parties would prevent something like this taking place. Previous Landowners H.R.1316 - 117th Congress (2021-2022): National Heritage Area Act of 2021 . (2021). Retrieved December 10, 2023, from Congress.gov website: https://www.congress.gov/bill/117th- congress/house-bill/1316

The National Heritage Area Act allows for historical, scenic, and cultural sites to be recognized and for their areas to be conserved and protected. This Act recognizes culturally significant areas and calls for technical and financial assistance to support the development and protection of these areas. (“H.R.1316 - 117th Congress (2021-2022): National Heritage Area Act of 2021,” 2021) If the family can provide historical and cultural connection to the archaeological site, they may have some claim to discussions surrounding the preservation and protection of the site and artifacts. State Archaeology - DHR. (2023, December 5). Retrieved December 11, 2023, from DHR website: https://www.dhr.virginia.gov/programs/state-archaeology The Antiquities Act states that certain privately owned sites are protected under the owner's consent, but these owners have likely forfeited all right to the property during the sale. While the previous landowners have sold the property to the private university, but they may be able to claim heritage over the site and/or artifacts depending on the findings if they qualify to be archaeological site stewards (“State Archaeology - DHR,” 2023). This can present an ethical problem if it turns out the family has no actual link to the site and tries to claim ownership over it anyways. We have no indication that the family has experienced this in the past, but we can assume that this is new to them as well. There is also no current indication of ethical problems within the situation from the landowners. Private University Code of Virginia Code - Chapter 23. Virginia Antiquities Act . (2023). Retrieved December 10, 2023, from Virginia.gov website: https://law.lis.virginia.gov/vacodefull/title10.1/chapter23/

As the university in question is undisclosed, it's impossible to know if they have been involved in something like this in the past. Both the university and the previous landowners have the same sources: whoever is the owner of this archaeological site has the claim over the land and archaeologists will need to cooperate with them in order to properly examine and preserve the site and any discovered artifacts. Clark, David. State Control of Archaeological Resources on Private Land. Retrieved December 10, 2023 from https://scholarship.law.wm.edu/cgi/viewcontent.cgi? filename=5&article=1029&context=wmcl&type=additional Because the university is the one in control of the land, state agencies will need to get consent and cooperate with the university to perform any assessments or excavations on the site. Permits will likely be required and the federal agency does have the power to declare the site as a historical landmark (Clark, David). There doesn't seem to be any initial ethical concern with the university's interest in the archaeological site, as the university has much to gain from abiding by regulations and being culturally sensitive. The relationship between the university and both federal agencies and local indigenous groups can be improved based on the treatment of the archaeological site. The university's study and preservation of these artifacts and their cooperation with federal agencies can lead to beneficial partnerships or sponsorships to improve their programs. An ethical problem can arise if the university does not cooperate with the associated cultures and peoples the site and artifacts are connected to, especially if the university attempts to profit off of it. There are many documented instances of universities not repatriating remains and artifacts to

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associated Native American groups, but as this university is undisclosed, we are unaware if this is a part of the university’s past. Native American Groups 25 USC Ch. 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml? path=/prelim@title25/chapter32&edition=prelim The Native American Graves Protection and Repatriation Act, or NAGPRA, ensures that federal agencies are prepared to repatriate and transfer cultural items, human remains, and other archaeological finds to their respective living descendants of various Native American indigenous groups. The act reinforces protection and preservation of such objects and artifacts by encouraging proper handling and development of the site. 16 USC Ch. 1B: ARCHAEOLOGICAL RESOURCES PROTECTION . (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml? path=/prelim@title16/chapter1B&edition=prelim The Archaeological Resources Protection Act, or ARPA, governs excavation on archaeological sites in private, federal, and Native American lands. It encourages cooperation between individuals, federal agencies, and cultural groups and states that these archaeological sites are endangered and irreplaceable parts of the Nation's heritage (“16 USC Ch. 1B: ARCHAEOLOGICAL RESOURCES PROTECTION,” 2018). This Act aims to secure and protect archaeological resources and sites on Native American land in particular and to prevent further loss and destruction of these sites.

There are no indications or concerns of ethical problems regarding Native American groups and this archaeological site. Their interest comes from centuries worth of oppression and scrutiny throughout the country. They have fought for years for the right to their own cultural and historical items and the various sources listed above ensure that this process is done ethically. The existence of such acts shows that this is a necessary fight for these groups. Native American groups all across America have consistently fought for their right to bury their ancestors according to their traditions and maintain ownership of precious and sacred cultural objects (Boissoneault, 2020), so this is by no means something new for this stakeholder. UNESCO United Nations Declaration on the Rights of Indigenous Peoples | Division for Inclusive Social Development (DISD) . (2015). Retrieved December 11, 2023, from Un.org website: https://social.desa.un.org/issues/indigenous-peoples/united-nations-declaration-on-the-rights-of- indigenous-peoples UNESCO would be interested in both the preservation of the archaeological site, depending on its historical significance, as well as cooperating with indigenous peoples to identify, manage, protect, and present pieces of world heritage (Centre, n.d.). UNESCO has developed multiple global strategies that encourage the recognition of and cooperation with various indigenous peoples and have established groups and declarations that directly address the rights and concerns of indigenous peoples. Routes of Enslaved Peoples . (2023). Retrieved December 11, 2023, from Unesco.org website: https://www.unesco.org/en/routes-enslaved-peoples

UNESCO might also be interested due to the potential connection to slavery at the site. UNESCO's Routes of Enslaved Peoples project aims to provide educational materials and training revolving around themes of slavery, its abolition, and enslaved peoples. The connection at this site would give UNESCO another reason to want to be involved. UNESCO is consistently involved with archaeological sites and works with federal agencies across the world in order to preserve and protect sites and objects of historical and cultural significance. They would be familiar with regulations and laws when it comes to investigating a site with potential historical significance, and there are few ethical concerns with their involvement. Biases and Their Impacts Preservation and Access: The previous landowners may be biased because of familial connections to the land and potential artifacts discovered. These biases may influence desire for control or outright restriction to the site, which can hinder research and public access to cultural heritage. Similarly, if the university has a bias towards increasing their academic reputation or profiting off of the site and its related affects, it could control access to discovered artifacts when it comes to research. Regulation and Decision-Making: Political and economic biases have the potential to sway decisions of federal agencies when it comes to ownership and management of the archaeological site. This could impact and hinder fund-allocation and preservation efforts. Similarly, decisions on handling or exhibition of artifacts and remains can be influenced by biases rooted in cultural identity. These biases can

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lead to stronger calls for ownership and repatriation of artifacts and remains, which can further influence decisions. Biases can impact the handling of the site in many ways. Biases that favor control and exclusivity over the site might cause problems between interested stakeholders and further limit access and research. Biases within governmental agencies could prioritize furthering economic interests rather than cultural preservation, which can impact how the site is managed and protected. Biases regarding cultural identity and academic reputation can lead to problems over ownership rights, which is not only a human and civil rights issue but can complicate the entire situation, leading to potential mismanagement of findings, legal battles, and social unrest in local groups. Differing cultural perspectives and values lead to alternate approaches to ownership of archaeological sites. For example, many indigenous groups are deeply connected to the land of their ancestors and that connection is integral to their entire identity, spirituality, and cultural heritage. Their claim of ownership over archaeological finds and sites are rooted in this connection and their holistic perspectives and traditions surrounding nature, stories, and oral histories. Western scientific methods, on the other hand, emphasize objectivity, evidence, and analysis over personal connection. Claims may be based on historical context, material evidence, and scientific research, seeing archaeological sites and artifacts more as valuable pieces of information rather than cultural heritage. These approaches and methods might prioritize regulation, preservation, presentation, and management of these artifacts. Cultural relativism is a framework that allows for understanding of cultures with unique worldviews, traditions, practices, and values. As a concept, cultural relativism establishes that each perspective is valid within its own cultural context. Embracing cultural relativism fosters

respect between different groups and can promote balance between preserving and protecting cultural heritage and scientific interests. In essence, it allows stakeholders to find an ethically sound resolution that respects diverse cultural values. While the majority of this assessment has focused on indigenous perspectives, the perspectives of African American groups are just as valuable when considering the second site. Their perspective can grant insight into cultural and historical significance of artifacts through context, stories, and traditional knowledge of the area. Engagement with these groups allows for respectful collaboration and promotes inclusivity as well as incorporates their unique perspectives into any proposed resolutions. Involving these groups would allow for a culturally sensitive resolution that can both acknowledge cultural connections and the scientific aspects of archaeology. Proposed Resolution Due to the diverse interests and ethical considerations involved, a collaborative ownership model seems to be most fitting to address each stakeholder's individual needs. A joint ownership structure would comprise of multiple representatives of each stakeholder group. Representatives from each group would participate in consensus based decision making when it comes to the management and preservation of the site, associated research, and public access. When it comes to management and preservation, representatives from local Native American and African American groups and organizations should advise and offer perspective on culturally sensitive matters, traditions, and heritage preservation. Including experts from the private university and officials from federal agencies can ensure compliance with regulations, aid in offering preservation techniques, and oversee research. In terms of public access, there should be

an emphasis on showcasing the site's cultural and historical significance. If the site is determined to be a historical landmark, ensure that individuals are trained in delivering culturally sensitive workshops, tours, and educational programs, encouraging responsible visitation. Each stakeholder should be involved in contributing to a resource pool to fund research, management, and educational initiatives related to the site. The state government should allocate resources and support to assess and preserve culturally significant sites. Lastly, there is a need for a comprehensive set of guidelines to guide ethical handling of artifacts, conducting research, and respecting cultural differences and perspectives. Legal agreements between stakeholders should be created that outline the various benefits, responsibilities, and resolution tools when managing the site. This resolution emphasizes cultural preservation, scientific advancement, and community involvement while adhering to ethical and legal guidelines. It honors indigenous perspectives and aims to preserve cultural heritage while also encouraging scientific research. It involves local communities and encourages cultural understanding and complies with local and national laws and standards. This resolution offers a balanced approach to preserving cultural heritage and promoting ethical archaeological practices.

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Lorinc, J. (2018, January 8). How Indigenous Communities Are Denied Their Archaeological Heritage. Retrieved December 10, 2023, from The Walrus website: https://thewalrus.ca/how- indigenous-communities-are-denied-their-archaeological-heritage/ Mary Hudetz,Ash Ngu. (2023, December 4). Tribes in Maine Spent Decades Fighting to Rebury Ancestral Remains. Harvard Resisted Them at Nearly Every Turn. Retrieved December 11, 2023, from ProPublica website: https://www.propublica.org/article/inside-wabanaki-tribes-struggle-to- reclaim-ancestral-remains-from-harvard Roldan, R. (2022, September 21). Indigenous tribe renews yearslong fight to reclaim human remains from UT. Retrieved December 11, 2023, from KUT Radio, Austin’s NPR Station website: https://www.kut.org/texas/2022-09-21/miakan-garza-band-san-marcos-skeletal-remains- ut-austin Code of Virginia Code - Chapter 23. Virginia Antiquities Act. (2023). Retrieved December 10, 2023, from Virginia.gov website: https://law.lis.virginia.gov/vacodefull/title10.1/chapter23/ The National Historic Preservation Act. (n.d.). Retrieved from https://www.achp.gov/sites/default/files/2018-06/nhpa.pdf What is Section 106? - Preservation Virginia. (2020). Retrieved December 10, 2023, from Preservation Virginia website: https://preservationvirginia.org/what-is-section- 106/#:~:text=Section%20106%20is%20a%20review,have%20on%20significant%20historic %20resources . Keller, R. (2023, May 12). Civil War structures found underneath CoStar construction site. Retrieved December 10, 2023, from WRIC ABC 8News website:

https://www.wric.com/news/local-news/richmond/civil-war-structures-found-underneath-costar- construction-site/ H.R.1316 - 117th Congress (2021-2022): National Heritage Area Act of 2021 . (2021). Retrieved December 10, 2023, from Congress.gov website: https://www.congress.gov/bill/117th- congress/house-bill/1316 State Archaeology - DHR. (2023, December 5). Retrieved December 11, 2023, from DHR website: https://www.dhr.virginia.gov/programs/state-archaeology/ Clark, David. State Control of Archaeological Resources on Private Land. Retrieved December 10, 2023 from https://scholarship.law.wm.edu/cgi/viewcontent.cgi? filename=5&article=1029&context=wmcl&type=additional 25 USC Ch. 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION . (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml? path=/prelim@title25/chapter32&edition=prelim 16 USC Ch. 1B: ARCHAEOLOGICAL RESOURCES PROTECTION. (2018). Retrieved December 11, 2023, from House.gov website: https://uscode.house.gov/view.xhtml? path=/prelim@title16/chapter1B&edition=prelim Boissoneault, L. (2020, February 25 ). A First Nation, a Fight for Ancestral Lands, And an Unlikely Alliance . Retrieved December 11, 2023, from Atlas Obscura website: https://www.atlasobscura.com/articles/first-nations-archaeology-in-canada Centre, U. W. H. (n.d.). World Heritage and Indigenous Peoples . Retrieved from UNESCO World Heritage Centre website: https://whc.unesco.org/en/activities/496/

final project part 1

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