On August 9, 2002, the Tokala Ta O'onakinjin asserted ownership over all human remains and burial objects surfacing in the Badlands National Park South Unit as per 25 USC 3001, Native American Graves Protection and Repatriation Act. The above named group are lineal descendants of the human remains and burial objects as per 25 USC , 3002, Section (3), subsection (a), and subsection (1).
25 USC 3002, sec. 3. OWNERSHIP
(a) NATIVE AMERICAN HUMAN REMAINS AND OBJECTS.--The ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after the date of enactment of this Act shall be (with priority given in the order listed)-- (1)in the case of Native American human remains and associated funerary objects, in the lineal descendants of the Native American;....
As lineal descendants the Tokala Ta O'onakinjin mandated an immediate stoppage of activity on all areas of discovery, as per 25 USC, 3002. Section (3), subsection (d).
25 USC, Section (3), subsection (d) INADVERTENT DISCOVERY OF NATIVE AMERICAN REMAINS AND OBJECTS.--(1)Any person who knows, or has reason to know, that such person has discovered Native American cultural items on federal or tribal lands-after the date of enactment of this Act shall notify, in writing, the Secretary of the Department, or head of any other agency or instrumentality of the United States, having primary management authority wiht respect to Federal lands and the appropriate Indian tribe or Native Hawaiian organization with respect to tribal lands, if known or readily ascertainable, and, in the case of lands that have been selected by an Alaska Native Corporation or group organized pursuant to the Alaska Native Claims Settlement Act of 1971, the appropriate corporation or group. If the discovery occurred in connection with an activity, including (but not limited to) construction, mining, logging, and agriculture, the person shall cease the activity in the area of the discovery , make a reasonable effort to protect the items discovered before resuming such activity, and provide notice under this subsection. Following the notification under this subsection, and upon certification by the Secretary of the department or the head of any agency or instrumentality of the United States or the appropriate Indian tribe or Native Hawaiian organization that notification has been received, the activity may resume after 30 days of such certification.
The document was signed and filed in accordance with protocol by George Tall, Archie Little, Jerry Bear Sheild, and Darwin T. Apple. In response the National Park Service, Badlands National Park, stated:
"...The National Park Service has no knowledge of human remains having been discovered in the South Unit of Badlands National Park ...."
Regardless of having been told time and time again by traditionals, over a long period of time that encompasses decades, that this is a sacred site because of gravesites and the history of the south unit of the badlands the park service continues to initiate activties such as excavations, 4-wheel tours, and rock-hounding.
|