The Excavation of American Indian Burial Sites: A Problem in Law and Professional Responsibility

The excavation of Indian burial sites poses serious ethical problems. Many American Indians regard the excavation of such sites as an affront to their actual and spiritual ancestors, while many archaeologists believe that scientific investigation should take absolute priority. This paper explores the judicial and legislative aspects of this practice in the United States and discusses attempts by professional associations to resolve the conflict. The paper suggests specific guidelines that could be followed by courts and legislators depending on whether the burial site is on reservation or nonreservation property, or whether the physical remains are recent or ancient. [archaeology, applied anthropology, ethics, anthropology and law, anthropology and public policy]