ACHP Approves Policy Statement on Burial Sites, Human Remains, and Funerary Objects Nationwide
CASE STUDY
In April 2021, the ACHP issued an information paper titled, Traditional Knowledge and the Section 106 Process: Information for Federal Agencies and Other Participants that explores the concept of Indigenous Knowledge and begins to clarify its role in the Section 106 review process. The ACHP’s Office of Tribal and Indigenous Peoples is also developing a policy statement on Indigenous Knowledge in the Section 106 process expanding on the advice given in the information paper. In consultation with Tribes, kanaka maoli (Indigenous People of the Hawaiian Islands), and NHOs, the ACHP will work to develop appropriate means to explain the importance of Indigenous Knowledge and its role in all four steps of the Section 106 process.
In March 2023, the ACHP approved a major update to the landmark 2007 policy statement on the treatment of burial sites, human remains, and associated cultural materials for all parties involved in federal undertakings and the Section 106 process. Developed by the ACHP’s Office of Tribal and Indigenous Peoples, the “Policy Statement on Burial Sites, Human Remains, and Funerary Objects”
change plays in the destruction of these sites. To address these concerns—past, present, and future—the Burial Policy encourages federal agencies to consult with descendant communities and incorporate Indigenous Knowledge into all phases of the Section 106 planning process, from the identification of historic properties and their eligibility to the assessment and resolution of adverse effects. The policy also encourages federal agencies to integrate practices to safeguard burial sites and associated materials through climate change planning and response actions. The Burial Policy includes several recommendations for the implementation of these principles into federal agency practice as well as actions that the ACHP will take to extensive consultation, including government- to-government consultation with members of Tribal communities and representatives of Tribal governments. In developing this policy statement, the ACHP worked closely with advocacy groups representing Indigenous, African American, and other marginalized communities throughout the nation. The ACHP Burial Policy was made in full recognition of the National Historic Preservation Act and Native American Graves Protection and Repatriation Act responsibilities that federal agencies have in conducting undertakings throughout the country. This policy statement does not seek to supplant these laws but instead attempts to strengthen existing federal protection tools for burial sites and their associated remains and objects. Learn more about this policy and read the statement in its entirety on the ACHP’s website. ensure the effectiveness of the policy. The Burial Policy was adopted after Click here to listen to Chair Bronin speak on the Burial Policy on National Public Radio.
Native American leaders, military leaders, archaeologists, and biologists overlook a site on the Nevada Test and Training Range, a component of Nellis Air Force Base on May 13, 2022. (Airman Trevor Bell/DAF)
(the Burial Policy) establishes a set of clear standards and guidelines intended to aid federal and state agencies, contractors, responsible entities, and other consulting parties to respectfully account for the proper treatment of burial sites and their associated materials through all stages of the federal planning process. It continues the ACHP’s commitment to improving the working relationships and consultation efforts between federal agencies, Indian Tribes, Native Hawaiian organizations, and other relevant consulting parties. The Burial Policy originated from the ACHP’s recognition of the federal government’s historical role in the damaging and destruction of unrecorded burial sites, human remains, and funerary objects associated with Indigenous, African American, and Native Hawaiian communities during the course of federally funded development projects. It also acknowledges the outsized role that climate
In 2023, Cultural Heritage in the Forest students participated in a cleanup of the historic Paynes Crossing Cemetery within the Wayne National Forest in Ohio. Paynes Crossing was a community established in the 1930s by free Black migrants from Virginia. (USFS)
The integration of Indigenous Knowledge into project planning can also help ensure identification and evaluation efforts meet the regulatory requirement that the federal agency carry out a reasonable and good faith effort. The demonstration of respect for Indigenous Knowledge can show Tribes and NHOs that the ACHP and its member federal agencies take their responsibilities seriously and recognize their values and practices. Although Indigenous Knowledge and non-Native scientific knowledge may arise from different cultural traditions, they are often compatible when integrated appropriately. The ACHP has adopted policy positions recognizing that both Native and non-Native ways of knowing are important to a full understanding of historic properties that must be considered in the Section 106 review process. Listening to Indigenous perspectives, even when they differ, and taking Indigenous Knowledge into account are vital to achieving informed decisions about historic properties. To inform the development of the policy statement, the ACHP recently hosted a series of listening sessions with Tribes and NHOs regarding the intersection of Indigenous Knowledge and historic preservation. The policy statement will build on the recently released government-wide Guidance for Federal Departments and Agencies on Indigenous Knowledge in an effort to tailor many of those messages to the needs of the historic preservation community. For additional information on this effort please see the ACHP’s webpage: Indigenous Knowledge and Historic Preservation.
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IN A SPIRIT OF STEWARDSHIP: A Report on Federal Historic Properties • 2024 | 17
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