the Inter-Tribal Council of the Five Civilized Tribes
Cherokee . Chickasaw . Choctaw . Muscogee/Creek . Seminole
Organized 3 February 1950



NAGPRA Policy Statement
Resolution 98-28, July 1998

This Policy Statement has been agreed upon by the following tribes of the Inter-Tribal Council of the Five Civilized Tribes (ITCFCT):

The Cherokee Nation, the Chickasaw Nation, the Choctaw Nation of Oklahoma, the Muscogee (Creek) Nation, and the Seminole Nation of Oklahoma.

We represent over 300,000 Native People nationwide, thus the largest Federally recognized body of blood descendants of the original inhabitants of the Southeast Region of the United States.

THE INTER-TRIBAL COUNCIL OF THE FIVE CIVILIZED TRIBES looks toward the future and the possibility that this process will begin to generate a greater level of understanding and respect for the traditions and cultural heritage of Native Americans at the National and International level.

This understanding can only come by incorporating contemporary Native perspectives into the interpretation and presentation of Native people's past and present cultural realities.

Cooperative endeavors to address Native rights and concerns established during the repatriation process hold the promise of strengthening the native voice of the Indigenous people's of the Southeast Culture.

In recognizing and affirming the sovereignty of each member nation we shall implement the following:

  • The Native American Graves Protection and Repatriation Act (NAGPRA)
  • The National Museum of the American Indian Act (NMAI Act)
  • The American Indian Religious Freedom Act (AIRFA)
  • The Archaeological Resource Protection Act (ARPA)
  • The National Historic Preservation Act (NHPA)
  • The Executive Orders for Protection and Enhancement of the Cultural Environment
  • The Executive Order for Indian Sacred Sites
  • The White House Memorandum, Government-to-Government Relations with Native Americans Tribal Governments, and other related laws and regulations.

    WE RECOGNIZE that in some cases: federal, state, private land owners and other individuals who occupy the lands we once inhabited treat our ancestral/relatives graves and sacred resources as spoils thus, defiling, desecrating, demoralizing and dehumanizing the Native American Peoples.



    THE ITCFCT IN CONSENSUS AGREEMENT state that

    • by the preponderance of geographical, kinship, biological, archaeological, anthropological, linguistic, folklore, oral tradition, and historical evidence, that we share the Southeast region of the United States, which encompasses both ancestral homelands and contemporary jurisdictional areas.

    • WE FIRMLY AGREE we did not abandon our ancestral/relatives graves and sacred sites but forced removal to distant lands prevents us from visiting, preserving, and protecting those sacred sites comprising but not limited to the current states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Oklahoma.

    • WE AGREE to support and communicate with one another in establishing a relationship for the pursuit of the repatriation of ancestral/relatives Human remains and culturally sensitive artifacts of the Southeast cultures which are in the possession of museums or stored at various repository locations throughout the United States and the World.



    ITCFCT NAGPRA POLICY STATEMENT:


    1. WE AGREE to support and defend the sacred burial sites of our ancestors and relatives, who by consanguinity, we claim a shared group identity which can be reasonably traced to historic and prehistoric "Paleo" cultures that have inhabited the Southeast region and the submerged civilizations of coastal waterways of the United States.

    2. WE AGREE that through joint deliberations and tribal consensus we shall address mutual concerns relevant to the execution of repatriation issues involving common boundaries and common lines of descent for cultural affiliation determinations.

    3. WE AGREE to consult with other federally recognized tribes, legitimate tribal groups and non-governmental organizations, who contribute to the repatriation and protection of culturally sensitive materials and sacred sites.

    4. WE AGREE to establish a dialogue and develop agreements with the original inhabitants of the land within our present jurisdictional boundaries. We shall monitor and protect their culturally sensitive resources and sites, and notify those tribes who may be culturally affiliated of any disturbances.

    5. WE AGREE to define jurisdictional boundaries for the purposes of collecting data more efficiently and to share documented information and inventories on archaeological, ethnographic, and physical anthropological materials that are collected on inspections to Museums and repositories.

    6. WE AGREE that repatriations, reburial practices and disposition will be implemented by each tribe according to their protocol. The other Southeastern tribes will be made available for advice and offer assistance, if needed.

    7. WE AGREE to pursue amendments in federal, state and international laws and establish a dialogue with the various agencies in developing agreements regarding the repatriation, protection, and preservation of Human remains and culturally sensitive materials.

    8. WE AGREE that a two-foot perimeter around the skeletal remains and funerary objects (associated and unassociated) constitute as part of a person. Any cleaning or washing of these bone fragments or articles is a violation of human rights. The excavated Earth remains sacred even with the absence of Human remains or funerary objects.

    9. WE AGREE to discourage any type of scientific testing on historic or prehistoric (Paleo) Native American Human remains for the purposes of determining cultural affiliation or age dating.

    10. WE SEPARATELY AND AS A WHOLE AGREE to claim "Culturally Unidentifiable" Native American Human remains and other cultural items from the Southeastern United States and when deemed necessary to designate a tribe or repository for temporary management of Human remains or culturally sensitive materials until a reasonable determination of cultural affiliation can be established, for purposes of reburial and protection of sacred sites.

    11. WE SHALL educate the public regarding the spiritual beliefs of the Indigenous People of the Southeast Cultures and strive to maintain tribal customs and traditions in this most sensitive issue. Our belief is that in bringing and maintaining our relations to the sacred cycle of life, we will resolve spiritual disturbances within our Native American Communities.

    The Inter-Tribal Council of the Five Civilized Tribes shall have sole right to amend this NAGPRA Policy Statement when deemed necessary.


    This document was approved by Resolution 98-28 of the Inter-Tribal Council of the Five Civilized Tribes on July 10, 1998 at Fountainhead Resort near Checotah, OK.

    NAGPRA Committee Officers 1998-1999                   
    Joyce A. Bear, Muscogee (Creek) Nation, Chair
    Alan D. Emarthle, Seminole Nation of Oklahoma, Vice Chair
    Jeannie Barber, Chickasaw Nation, Secretary


  • http://www.tva.gov/environment/reports/envreports/aer2003/partnerships.htm

    Tennessee Valley Authority 2002-2003 Environmental Report
    Partnerships and Public Involvement

    "TVA balances progress and stewardship of lakes for recreation, power generation, navigation, and flood control with archaeological investigations and with the concerns of Native Americans. We are pleased with what TVA is doing to protect and preserve irreplaceable historic Native American sites."

    - Russell Townsend, Deputy Tribal Historic Preservation Officer for the Eastern Band of Cherokee Indians

    A partnership between TVA Cultural Resources and Native Americans focuses on archaeological sites located along TVA reservoirs. According to archaeologists, the history of human life in the Tennessee Valley extends back some 11,000 years. While these early settlements are long gone, irreplaceable links to the Valley's past exist in the form of archaeological remains. To balance the preservation and protection of prehistoric and historic Native American sites with the stewardship of reservoirs and rivers, TVA partnered with all 18 federally recognized Native American tribes having historical ties to the Valley to host the first-ever Native American Consultation Workshop in 2002. During the day-and-a-half workshop, tribal representatives were able to meet face-to-face with TVA Cultural Resources staff to ask questions, voice concerns, and provide input on geographical regions of particular interest to the tribes. In return, TVA was able to raise awareness among tribal members of the actions TVA is taking to stabilize and protect archaeological sites.

    In 2002, TVA stabilized 19 critically eroding archaeological sites along approximately 2.4 kilometers (1.5 miles) of shoreline. Fourteen additional sites were stabilized in these areas during 2003.

    Protecting the sites from looters is a more daunting task for TVA. When this occurs, both irreplaceable artifacts and their context -- the relationship of artifacts and other cultural remains to each other and to the surroundings in which they are found -- are lost forever. To help prevent looting and protect sites, TVA's Cultural Resources staff has partnered with the public in a stewardship project called 'A Thousand Eyes'. The project, which works in concert with TVA Lake Watch (a cooperative effort to reduce crime and accidents on TVA-managed reservoirs and shorelines), trains local volunteers in how to recognize and report suspicious activities, such as someone digging along the reservoir shoreline.

    TVA's Cultural Resources staff also makes presentations to Lake Watch groups, students, and community organizations and offers field trips to increase awareness of both prehistoric and historic archaeological sites.

    For more information on the preservation of archaeological sites on TVA-managed lands or to schedule a presentation, go to Cultural Resources.


    http://www.tva.gov/abouttva/pdf/q3_02_report.pdf

    TVA 3rd Quarter April-June 2002
    2002 Operational Report to Congress

    TVA has initiated a dialogue with representatives of 18 federally recognized Native American tribes with cultural interests in the TVA power service area, in keeping with the Native American Graves Protection and Repatriation Act (NAGPRA). TVA is working with individual tribes to develop Memorandums of Understanding for a consultation process and to provide NAGPRA inventories on compact discs.

    Cultural Resources Consultation
    Richard Allen, Cherokee Nation of Oklahoma
    Esther Holloway, NAGPRA Representative, Alabama-Quassarte Tribal Town
    Joyce Bear, Muskogee (Creek) Nation of Oklahoma
    Tryg Jorgensen, Tribal Administrator, Kialegee Tribal Town
    James Bird, Tribal Historic Preservation Officer, Eastern Band of the Cherokee Indians
    Lamont Laird, Eastern Shawnee Tribe of Oklahoma
    Kenneth Carleton, Mississippi Band of Choctaw Indians
    Walter Celestine, Program Director, Alabama-Coushatta Tribe
    Steven 'Archie' Mouse, United Keetoowah Band
    Terry Cole, Choctaw Nation of Oklahoma
    Gale Thrower, Poarch Band of Creek Indians
    Kenneth Daugherty, Tribal Secretary, Absentee-Shawnee Tribe of Oklahoma
    Ted Underwood, Seminole Nation of Oklahoma
    Rena Duncan, Director of Cultural Resources, The Chickasaw Nation
    Patricia Wickman, Tribal Historic Preservation Officer, Seminole Indian Tribe
    Allen Harjo, Tribal Administrator, Thlopthlocco Tribal Town
    Elizabeth Anne Brown, Deputy State Historic Preservation Officer, Alabama Historical Commission
    Elbert Hilliard, Deputy State Historic Preservation Officer, Mississippi Department of Archives & History
    Herbert L. Harper, Deputy State Historic Preservation Officer, Tennessee Historical Commission
    Ben Moriera, Executive Director, Indian Affairs Commission
    Michael Gilbert, Alabama Indian Affairs Commission Executive Director
    Thomas McCulloch, Advisory Council on Historic Preservation