Utah Archaeology 2002

Concluding comments - Science, Nagpra, Law and public policy

SPECIAL DISCUSSION FEATURE: ADOVASIO ET AL. REPLY 37 ketry is recognizable as a distinctive entity throughout its existence. This fundamental fact is not contested by any of the commentators, although its significance in the con­text of NAGPRA claims is open to divergent opinions. Fowler concludes that the utility of basketry data in NAGPRA claims may be compromised by the incom­plete nature of the archaeological record and by differ­ing interpretations of the kind(s) of Fremont identity that the relative uniqueness of the basketry industry may suggest. Herold observes, at least in the Fremont case, that basketry offers no solace to potential claim­ants of Fremont materials while Coulam and Simms sug­gest that since a preponderance of evidence including, but not restricted to, basketry is required for any claim, that there will ultimately be a successful modern claim­ant for some Fremont affiliated material. To these thoughtful observations we can only add the following. We certainly agree with Fowler that the utility of basketry in many NAGPRA claims is poten­tially limited due to issues of preservation as well as to divergent opinions over the probative significance of similarities or dissimilarities between the basketry in­dustries of prehistoric and modern claimant groups. If one assumes that the obvious disparity between Fre­mont and any modern claimant's basketry precludes "identity" in NAGPRA terms, then one must agree with us and Herold that basketry provides no support to any modern claimant of Fremont materials. That said, how­ever, there is merit to the Coulam and Simms position that some successful claimant may arise because a pre­ponderance of evidence is legally required, even with the recent Jelderk's reversal of the Department of the Interior's earlier ruling on the affiliation of the Kennewick remains. In such a scenario, we can only restate that the preponderance of evidence will not include basketry ties between the Fremont and any claimants. Finally, although we see no support for any NAGPRA claims on Fremont material based on basketry evidence, this is emphatically not to say that basketry may not provide vital support in other NAGPRA cases. Although long-term continuity in basketry traditions between modern and ancient groups separated by great temporal gulfs is admittedly very rare, there exists at least one such case, the 10,000+ year unbroken Coahuiltecan continuum in Northern Mexico (Adovasio 1974, 1980, 2003; Andrews and Adovasio 1980), and perhaps others as well. We wish to close by extending our gratitude to our fellow commentators and, especially, to Nancy Coulam and Steve Simms for the opportunity to engage in this forum. CONCLUDING COMMENTS: SCIENCE, NAGPRA, LAW AND PUBLIC POLICY Kevin T. Jones, State Archaeologist, Utah Antiquities Section, 300 Rio Grande, Salt Lake City, UT 84101 Adovasio, Pedler, and Illingworth's "...jaded ar­chaic, culture-historical"... analysis of the basketry tra­dition of the "Hooterville Anasazi" is a well-argued, strongly-asserted hardball thrown directly over the cen­ter of the NAGPRA home plate. Lacking the credentials of a basketry and textile specialist, I must defer discus­sion of the technical details of this missive, and accept with only a modicum of hesitation the articulate declara­tion that Fremont basketry hangs together as an identi­fiable and distinct technological tradition, that it has its roots in the earlier Archaic technologies of the area, and that it is distinct from and probably not closely related to the basketry traditions of contemporary Southwest­ern groups or the Numic-speaking historic tribes. This assertion comes as no surprise to students of the Fre­mont; Adovasio has been making more-or-less the same claim for many years (e.g., Adovasio 1970a, 1975,1979). Some have pointed out that there may be some overly-enthusiastic championing of basketry as an ethnic indi­cator (e.g., Fowler, this volume; O'Connell, Jones and 38 UTAH ARCHAEOLOGY 2002 Simms 1982), but cases where basketry indeed works as an ethnic badge, and cases where the relationship be­tween basketry and ethnicity are more complicated can be identified by both sides. So what are we to make of the observations by Adovasio et al? To a scientist, it stands as an unex­plained linking of a group of observations made on arti­facts- one piece of information to be used to under­stand the human experience in the region. It provides a valuable insight into the cultural and behavioral rela­tionships of the prehistoric Great Basin and Colorado Plateau. It presents a set of facts and observations that can be incorporated into research, used as points of comparison with observations of other technological, behavioral, and cultural details, and evaluated through hypothesis-testing. To a state official involved in evaluating lines of evidence with respect to repatriation claims, it provides something quite different. Rather then being simply an interesting observation, a clue about the past, some­thing to be pondered, compared, and tested, it stands as a stark piece of evidence that can be used in formu­lating a legal argument for or against the claim by living people to control the remains and artifacts of those long since gone. It is no longer simply a piece of arcane trivia of interest to a handful of scientists, but an observation that can have significant effect on political relationships and legal decisions, and on the lives and livelihoods of tribes and their members, agencies and their employ­ees, scientists, and even science itself. The data be­come evidence, the interpretations findings, the scien­tist a witness, and the outcome is not a debate, nor a cry for gathering more evidence, but a legal determination. For the purposes of determining cultural affiliation, basketry evidence is integrated with other archaeologi­cal data, and then compared with such dissimilar items as the findings of the Indian Claims Commission, kin­ship, linguistics, biology, oral tradition, and folklore. These disparate lines of evidence are to be evaluated, and a determination made based on the preponderance of the evidence by each federal agency for each set of remains or identifiable earlier group. This is indeed a formidable task, one in which hard feelings and dis­agreements are likely to be expressed, and even deep­ened as a result of the proceedings. To expect an agency to compare scientific data of several different kinds with stories and geography, and to come up with a reasonably sound determination of affiliation between the remains of an ancient human be­ing and a living group is unrealistic. The task becomes even more unrealistic the greater the time span in ques­tion becomes. To calculate a preponderance of evidence by adding and subtracting the totals of categories such as oral history, basketry or genes is akin to comparing apples with apoplexy, or oranges with orgasms. Putting the difficulty of the task aside for a mo­ment, it is a relatively straightforward matter to interpret what I see as the meaning of the basketry for repatria­tion matters regarding the Fremont. Adovasio, Pedler, and Illingworth's study demonstrates that the evidence does not support continuity in basketry technology between Fremont cultural remains and the modern tribes of the area. Does this mean that the Fremont were a different biological or cultural entity than their succes­sors who live in this region? Not necessarily, but it does indicate that at least one portion of the archaeological data can be used to argue for a lack of continuity, a lack of continuity that may more readily observed and ar­gued from the perspective of basketry than from the perspective of other artifacts and other lines of evi­dence. I welcome and applaud the Bureau of Reclamation's effort to gather the relevant lines of evidence. I do not envy them their task of seeking to determine what may constitute a preponderance of those lines of evidence. I am more and more convinced that the tasks set forth in NAGPRA, a law created with the best of intentions, are bound to result in decisions that violate the sensibili­ties of one or more of the participants-a scientist thinks it outrageous that a story from folklore is given equal weight with scientific data, while a traditionalist tribal member finds it inconceivable that sacred teachings are contested by counts of stitches in a basket. Nevertheless, we must proceed, and in order to do the best for our constituents, our colleagues, our fields of study, and the cultures and tribes we represent and SPECIAL DISCUSSION FEATURE 39 work with, we must do our best work, do it honestly and openly, and make the best decisions we can. 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