Theory and Praxis in Decolonizing the Federal Historic Preservation Program (original) (raw)
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A GREAT UNCONFORMITY: AMERICAN INDIAN TRIBES AND THE NATIONAL HISTORIC PRESERVATION ACT
A merican Indian tribal engagement in the various activities championed by the National Historic Preservation Act (NHPA; 54 USC 300101 et seq.) has come about primarily as a result of the consultation first required by the Act's implementing regulations in 1986, reaffirmed by amendments to the Act in 1992 (54 USC 302706). 1 In this chapter, I choose to focus on issues with which tribes are concerned day-to-day when participating in the cultural resources management process for which Section 106 (54 USC 306108) of the Act, and associated implementing regulations (36 CFR 800), provide a framework. For tribes, our entanglement with Section 106 usually comes via the process that consultation provides us to influence how historic properties are searched for, how they are evaluated, and how adverse effects on them can be avoided or mitigated.
2015
In this paper, I predominately use a political ecology lens to evaluate the use of the National Historic Preservation Act (NHPA) in facilitating American Indians' engagement with ancestral lands now federally governed. I look at how agencies can implement effective consultation that lessens the power imbalance between tribes and the federal government that is inherent in the NHPA, as well as help alleviate conflict between tribes, agencies, and various public interest groups regarding proper land management and use. From July 2014 through December 2014, I conducted eleven semi-structured interviews of participants involved with five Traditional Cultural Places or Properties (TCPs) in the Pacific Northwest and Southwest, as well as fourteen other individuals involved with TCPs. I used inductive coding to identify themes related to contextual factors that support effective consultation, and thus management, of TCPs. The themes I identified include federal agencies facilitating stronger relationships through effective communication and cultivating cultural understanding, incorporating the way tribes view the landscape into consultation and management practices, and proactively building relationships outside the compliance context. I argue that these themes support a more collaborative approach in managing these culturally important places, which facilitates tribes' reconnection with traditional areas, lessens conflict regarding proper land management and use, and strengthens self-determination through increased recognition of tribal sovereignty. This research further adds to the discussion of power dynamics between indigenous peoples and national governments regarding the management and governance of indigenous ancestral lands.
Heritage vs. History at the National Museum of the American Indian
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The opening of the NMAI is surely a cause for excitement and celebration. It is an impressive building which stands as the culmination of years of negotiation, fundraising, and lobbying. It also promises to be a major center for research and education about the whole of Native America, a place where scholars, the general public, and Native people themselves can interact on a host of levels. But as it stands now, that great promise remains largely unfulfilled. Instead, all the hard work that created the NMAI has resulted in a contradiction wrapped around a neologism. The experience at the National Museum of the American Indian is sometimes confusing, sometimes incoherent, and ultimately disappointing. The contradiction, simply put, is this: how to build a museum to display cultures which have a deep ambivalence about the notion of being displayed? Many Native Americans have rejected outright the notion that Native American cultures can or should be displayed in museums at all. Museums, after all, are simply part of the cultural apparatus of expansion and colonization. And Native Americans have reason to be suspicious of the museum enterprise at all levels. Native American artifacts have many times been looted and stolen, and 69
Landscape and Urban Planning, 1996
As defined by federal laws, the United States government has an obligation to ensure archaeological and historic resources on Indian trust lands are given appropriate consideration during planning processes. Treaties and court decisions also define the trust responsibilities of the U.S. government to Indian people. These federal and trust responsibilities can create contentious situations for the Bureau of Indian Affairs as it initiates or approves actions on Indian trust lands. Three case studies illustrate the difficulty in reconciling complex Indian land issues with historic preservation.
Human Organization, 2018
Our research assesses the efficacy of the National Historic Preservation Act's (NHPA) Traditional Cultural Property or Place (TCP) construct in facilitating Native American engagement with aboriginal lands now federally governed. We analyze how federal agencies can implement effective consultation to lessen inherent power imbalances in the legal framework. From July through December 2014, we conducted eleven semi-structured interviews with participants involved with five TCPs in the United States Pacific Northwest and Great Basin and fourteen individuals involved with other TCPs. We identified three themes in the results: (1) ensuring government employees have the proper skill sets, particularly with communication and cultural competency; (2) incorporating the ways tribes understand the landscape into consultation and management practices; and (3) proactively building relationships outside the compliance context. We argue a more collaborative approach to the historical designation and management of TCPs, which counteracts inequalities in the legal framework, will facilitate better relationships, fewer conflicts, and mutually agreed upon land management decisions for both tribes and agencies. These lessons learned have implications for political ecology discourse on how sociopolitical actors influence land management decisions in contexts of power.
Intervention as a Strategy in Protecting Indigenous Cultural Heritage
Recently a heated dispute arose over proposed residential property development on Grace Islet on British Columbia’s south coast—an ancestral Coast Salish burial site where human remains and 16 burial cairns have been documented. . This case has revealed deep divisions between heritage holders, land owners, and heritage policy makers in the province, and it highlights the need for new modes of intervention when more traditional methods of heritage protection are ineffective. We use the Grace Islet case as an entry point to consider the broader challenge of protecting First Nations heritage sites in British Columbia. Our goal was to encourage greater understanding of the underlying causes of such conflicts and to support the reform of provincial heritage policies and practices such that they better reflect the importance of recognizing and protecting First Nations heritage values. In addition to examining the deeper and broader roots of the Grace Islet conflict and other similar conflicts, we highlight one strategy employed in our intervention—the creation and promotion of a new declaration calling on the protection of Indigenous burial grounds as sacred sites and cultural landscapes—and reflect on the utility of such an approach.
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This paper reports on the consulting experiences between Tribal historic preservation officers and federal preservation officers. It discusses what successful consultation looks like, the importance of communication, and how to best implement historic preservation efforts.
International Journal of Heritage Studies, 2021
This paper examines ongoing challenges facing Indigenous peoples and their heritage, the consequences of inadequate heritage protection, and new initiatives that counter this. Indigenous scholars, tribal leaders, and others have done much to educate outsiders as to their heritage values and ways of life. My goal is to identify areas where governments, industry, the public, and even academic researchers have failed to understand this. I rst examine seven signi cant challenges: 1) heritage site destruction and disturbance; 2) repatriation of ancestral remains; 3) unauthorised study of ancestral remains; 4) restrictions on access to or protection of sacred places; 5) dismissal of oral histories and traditional knowledge; 6) cultural appropriation and commodi cation; and 7) limited consultation or participation in heritage management. I then review six areas where informed and innovative actions are providing e ective, respectful, and responsible heritage protection therein: 1) Indigenous participation, decision making and bene ts ow; 2) Indigenous intellectual property; 3) research ethics; 4) new applications of archaeological methods; 5) policy development and implementation; and 6) corporate responsibility, public outreach and education.
Politics of Representation and Participation in Federal Historic Preservation Programs
2017
Author(s): Magalong, Michelle | Advisor(s): Estrada, Leobardo; Takahashi, Lois M | Abstract: Historic preservation is a significant issue for Asian Americans and Pacific Islanders (AAPIs) seeking to safeguard important historic places, preserve unique cultural practices, and receive official recognition of civic contributions. However, few sites associated with AAPI history and cultures have been recognized as landmarks. There has been substantial movement forward by federal agencies and national organizations in developing a more inclusive and diverse approach to traditional standards and policies in order to reflect the growing numbers of underrepresented sociocultural groups, including AAPIs. To addresses these issues, federal leadership in the Department of the Interior and National Park Service launched the Asian American Pacific Islander Heritage Initiative and Theme Study. The theme study, “Finding a Path Forward: Asian American/Pacific Islander National Historic Landmarks Th...