[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 7-15-1999 by Ord. No. 99-12. Amendments noted where
applicable.]
A.
This plan was written for several reasons. First and
foremost, it was written to protect all reserved rights of Menominee
ancestors, enrolled members, and descendants.
B.
As such, this plan does not waive any federal agency
of the trust responsibility owed to the Menominee Tribe in perpetuity.
C.
Human activity has proven historically to take a heavy
toll on cultural resources. Many significant archaeological resources
or historic structures have been irreparably damaged by a variety
of ground disturbing activities.
D.
The Menominee Tribe has the distinction of causing
little impact upon the resources of the past. It is the intention
of the plan to continue minimizing impact to cultural resources by
limiting or regulating ground disturbing activity. Menominee elders
set forth the framework of the plan by demonstrating how these resources
should be treated through the traditional protection of these resources.
E.
This plan was completed thanks to a grant from the
National Park Service and the support of the Menominee Tribal Legislature.
The plan was developed in order to standardize the method the Tribe
uses to address these resources.
F.
The Menominee Tribe decided to create a comprehensive
resource management plan in order to provide the Tribe with a greater
voice in the protection of all historic and cultural resources on
Menominee land, as these resources are the cultural patrimony of the
Menominee people, belonging to no specific individual. The plan was
also established for the interpretation of Menominee history from
a traditional Menominee perspective.
G.
The plan allows the Tribe to identify, evaluate, interpret,
and conserve historic and cultural resources. These steps empower
the Tribe to use this information to interpret history from a Menominee
perspective.
A.
The Menominee Tribal Legislature designates the Director
of Historic Preservation to carry out the responsibilities for administering
the Tribal Historic Preservation Program as the Tribal Historic Preservation
Officer pursuant to 16 U.S.C. § 470a(d)(2)(B).
B.
The Menominee Language and Culture Commission, including
individuals appointed by the Commission, shall serve as the Tribal
Historic Preservation Review Board [16 U.S.C. § 470a(b)(1)(B)].
C.
The Tribal Historic Preservation Officer shall perform
the following duties. The Tribal Historic Preservation Officer shall:
(1)
Coordinate a comprehensive survey and inventory of
all lands within the exterior boundaries of the Reservation, documenting
culturally and historically significant properties [16 U.S.C. § 470a(b)(3)(A)].
(2)
Seek federal funding to employ professionally qualified
individuals to fulfill the tribal program. This shall include short-term
contract work by consultants and full-time employment of other experts,
such as an archaeologist to complete the comprehensive survey [16
U.S.C. § 470a(b)(1)(A)].
(3)
Nominate, along with the Review Board, all appropriate
properties to the National Register and/or the Tribal Register. Some
properties will only be nominated to the Tribal Register to maintain
site confidentially. These nominations shall be done in conformance
with the provisions of 36 CFR 60.6 [16 U.S.C. § 470a(b)(3)(B)].
(4)
Create a Tribal Register of Historic Places. This
register will house a listing of historic or cultural Menominee resources
(including prehistoric archaeological sites) occurring on or off the
Reservation. These sites will be reviewed based upon their significance
to the Menominee Indian Tribe. This register shall have two parts.
One part shall be made open to the public upon request. The second
part shall remain closed to the public in order to ensure the highest
degree of protection of those sites.
(5)
Consult with federal agencies for the review of federal
undertakings affecting cultural or historic resources within the exterior
boundaries of the Reservation, pursuant to 16 U.S.C. § 470f
(Section 106 of the Historic Preservation Act) and 36 CFR 800 et seq.
The Tribal Historic Preservation Officer and Review Board shall also
review the content and sufficiency of any plans to avoid damage to
those resources, to ensure the preservation of Menominee resources
[16 U.S.C. § 470a(b)(3)(I)].
(7)
Advise and assist, when appropriate, federal, state,
and local governments in carrying out their historic preservation
responsibilities [16 U.S.C. § 470a(b)(3)(E)].
(8)
Cooperate with the Secretary, the Advisory Council
on Historic Preservation, and other federal agencies, state agencies,
local governments, and organizations and individuals to ensure that
historic properties are taken into consideration at all levels of
planning and development [16 U.S.C. § 470a(b)(3)(F)].
(9)
Evaluate proposals for rehabilitation. The Tribal
Historic Preservation Officer will consult on an as-needed basis with
individuals who meet the Secretary's professional qualifications standards
for the discipline or disciplines that correspond to the resource
under consideration. The Tribal Historic Preservation Officer will
also consult with the State Historic Preservation Officer prior to
submitting the Tribe's recommendations to the National Park Service
[16 U.S.C. § 470a(b)(3)(J)].
(10)
Every three years, review and update the plan.
Public comment upon the plan shall be sought in local newspapers [16
U.S.C. § 470a(b)(1)(C)].
D.
The Menominee Tribal Historic Preservation Officer
shall have jurisdiction over all tribal lands as that term is defined
in this plan.
E.
In the event that fee simple lands owned by a nontribal
individual require inventory, or receive nomination, the landowner
may request that the State Historic Preservation Officer work with
the Tribal Historic Preservation Officer.
A.
A standard four-stage process was adopted in order
to provide continuity addressing the methods used to identify cultural
and historic resources.
B.
The four-phase process defines cultural or historic
resources occurring or thought to occur on Menominee lands. Each phase
requires the consultation of the Menominee Language and Culture Commission
(or other Menominee elders appointed by the Commission), to serve
as the Review Board, to determine the significance of any cultural
or historic resource. The Board and a technical expert will determine
the significance. The information from this entire process will be
used by the Menominee to interpret Menominee history and culture.
Preservation decisions are made according to the significance. These
properties will be judged upon their significance to Menominee lifeways,
history, and traditions, along with the significance to America's
heritage.
C.
This process provides an explanation of cultural resources
from both the tribal and scientific community.
(1)
Identification.
(a)
Identification can occur several ways:
[1]
Documented or known sites.
[2]
Sites reported by local individuals, tribal
departments (e.g., Conservation), tribal businesses or successor businesses
(e.g., Menominee Tribal Enterprises), or any other agency working
on behalf of the Tribe.
[3]
Sites uncovered during a future comprehensive
archaeological survey of the Reservation.
[4]
Unknown sites uncovered in future.
(b)
A technical expert shall delineate all cultural
or historic resources. Identification will only verify the existence
of a site. This component includes one or more of the following: investigations
shall include oral history interviews with individuals knowledgeable
in that particular topic or location and archaeological and archival
literature searchers.
(c)
The Commission shall also develop a scope of
work regarding all archaeological work that may be conducted during
the continued investigation.
(2)
Evaluation. This phase has a two-party process to
evaluate cultural and historic resources.
(a)
First, a technical expert conducts a preliminary
reconnaissance survey. During this phase, the geographic boundaries
and temporal limits are determined. What is it, where does it begin,
and where does it end are the questions that must be answered here.
Should the resource have more than one component, this phase locates
it.
(b)
The second step of the evaluation process is
the consultation of eminent tribal elders as specified by the Menominee
Language and Culture Commission. These elders will define the resources
using traditional knowledge, based upon oral traditions, in order
to determine the significance of the resource.
(3)
Interpretation.
(a)
The significance of the resource is determined
between the technical expert and the appropriate Menominee elders.
(c)
Properties shall be evaluated and documented
following National Park Service guidelines and all appropriate bulletin
guidelines (16a and 38). Such guidelines outline the methodology and
criteria for conducting investigations and determining eligibility
for the National Register.
(d)
A technical expert, utilizing the data collected,
will answer the two aspects and draw his conclusions of the resource.
(e)
Then, the Review Board will draw its conclusions
of the resource. This conclusion will answer both aspects. These answers
from the Review Board are based on traditional Menominee teachings
and oral histories. Insights are provided in this manner that have
not previously been pursued.
(4)
Preservation.
(a)
In situ preservation is the traditional approach
to locations culturally or historically important to the Tribe.
(b)
As such, preservation will determine exactly
what types of activities may occur within a given area. Preservation
as it relates to the ongoing protection of sites may differ from site
to site.
(c)
The Commission directs the Historic Preservation
Department to begin formulating a preservation plan of the site and
possible nomination of the property to the National Register.
(d)
Limited public access, allowing specific activities
only, or allowing activities at a specific season (such as winter
logging when frost will minimize ground disturbance), may be all that
is required to successfully preserve a site.
(e)
The method of preservation is determined exclusively
by the Menominee elders on the Language and Culture Commission or
other appropriate Menominee elders appointed by the Commission.
(f)
If preservation cannot occur, the Review Board
will work with Historic Preservation staff and a technical expert
to establish a scope of work for any form of data recovery. The scope
of work must identify exactly how information will improve the understanding
of Menominee history and be justified to meet the spiritual, cultural,
social, and economic needs of the Tribe.
A.
When properties are located which are eligible for
inclusion on the Tribal or National Register, they may be nominated
by any individual.
B.
The nomination process for either register shall be
consistent with the National Register process set out in 36 CFR 60.
C.
Qualified individuals shall review all nominations.
Those individuals shall post their findings in the tribal newspaper,
and a thirty-day period will be open for public comment beginning
upon the date of publication.
D.
In the event that a nominated site is privately owned,
fee simple land within the exterior boundary of the Reservation, the
owner may formally object to listing the property on the National
Register. If so, the keeper of the National Register will determine
if the property is eligible, without listing it. The Tribal Historic
Preservation Officer will forward all comments and objections regarding
nomination to the keeper.
E.
In accordance with the National Historic Preservation
Act, 16 U.S.C. § 470a(d)(2)(D)(iii), properties owned by
non-Indian individuals in fee simple status may request that the State
Historic Preservation Office exercise its historic preservation responsibilities
along with the Tribal Historic Preservation Officer.[1]
As used in this chapter, the following terms
shall have the meanings indicated:
Human-made objects utilized in daily or ceremonial life at
any point in the past.
Geographic locations which contain human skeletal remains.
Burial sites may have precise spatial boundaries in the case of cemeteries.
Other burial sites may have vague spatial boundaries in the case of
old, undocumented burial areas.
Construction projects occurring upon privately owned land
will only include ground disturbing activity such as building basements,
septic systems and large-scale road construction. Common yard work
and improvements are excluded from the permit process.
Any resource that had or maintains a cultural character,
such as, but not limited to, social institutions, historic places,
artifacts, and documents.[1]
Any activities which could result in damage to, or destruction
of, cultural or historic resources must first receive a permit from
the Historic Preservation Department. Activities such as (but not
limited to) logging, construction, mining (including mineral resource
exploitation), silviculture, aquaculture, archaeological research,
or agriculture would require a permit to conduct such activities.
Individuals or programs planning on conducting such activities shall
apply for a permit prior to engaging in those activities.
Geographic locations or specific man-made structures, buildings,
objects, sites, and districts which are eligible for inclusion the
National Register under the guidelines of the National Historic Preservation
Act. Historic places will receive protection similar to the protections
set forth under the National Historic Preservation Act.
Legally binding agreements between permit applicants conducting
large-scale projects and the Tribe. Such agreements shall be negotiated
by the Historic Preservation staff to resolve or mitigate any adverse
affects of the applicant, agreed to by the Menominee Language and
Culture Commission, and signed by the Tribal Chairperson.
A middle-aged or older individual knowledgeable in Menominee
traditions and language or community history and community traditions.
The Commission established by the Tribal Legislature to guide
the Historic Preservation Department in all cultural and spiritual
matters. All members are knowledgeable in the traditions and oral
histories of the Menominee Tribe.
The nine-member board authorized by the federal government
in governing all matters concerning the Tribe as provided in Article
III, Section 1 of the Menominee Constitution.[2]
An ongoing listing of historic or cultural properties throughout
the Menominee Indian Reservation and any lands owned in whole or part
by the Tribe outside the exterior boundaries of the Reservation. Many
sites will not be disclosed to the public for the protection of the
resource. Nomination will occur by anyone, but the Review Board shall
conduct evaluation and placement on the register. Part of the register
shall be made open to the public. Part of the register shall be made
closed to the public for the protection of the site location.
An ongoing listing of historic properties throughout the
United States. Maintained by the keeper of the register.
An individual trained to observe and identify cultural resources
during the typical construction process.
Geographic locations containing any material remains of past
human activity.
The Board made up of the Menominee Language and Culture Commission
and any other tribal elder or local tribal expert who possesses knowledge
specific to cultural resources and is appointed by the Menominee Language
and Culture Commission for a short-term seat on the Review Board.
Geographic locations which are highly significant due to
the nature of activities occurring on the site. Activities may occur
now or in the past. Most sacred sites will be locations of religious
activity, specifically traditional Menominee religious activities.
Most will also be eligible for inclusion in the National Register
or Menominee Tribal Register. These sites are paramount to the continuation
of traditional lifeways of Menominee culture. Most sacred sites will
not be formally nominated to the National Register for the protection
of the resource. Instead, they will be placed upon the Menominee Tribal
Register, which is not open to the public. Sacred sites will receive
the highest protection according to the direction of the Menominee
Language and Culture Commission. Human activities will be strictly
limited on site or disallowed completely.
Qualification for archaeologists, historians, architects,
and those who provide designations under this plan which meets the
criteria set forth in the Department of the Interior guidelines and
appropriate National Register bulletins.
Geographic locations which are significant due to either
the human activity occurring on the site or the history of the location.
Traditional cultural properties are the core of Menominee history
or the cultural identity of the Menominee Tribe. Traditional cultural
properties will receive protection according to the direction of the
Menominee Language and Culture Commission. Human activities may be
limited on site or disallowed completely.
A.
All tribal members, tribal departments and agencies,
tribal businesses, and successor businesses of the Tribe conducting
any ground disturbing activities on trust or fee land within the exterior
boundary of the Menominee Reservation, or lands owned in whole or
part by the Menominee Tribe, shall first apply for a permit. It is
the responsibility of the permittee to obtain the permit prior to
conducting any ground disturbing activity.
B.
In the event of a proposed activity occurring upon
property already having undergone a satisfactory survey for historic
or cultural resources, an exemption may be received from the Tribal
Historic Preservation Officer.
C.
The permit process is intended to address the preservation
of known sites prior to any disturbance.
D.
Ground disturbing activities include, but are not
limited to, logging, construction, mining, silviculture, aquaculture,
agriculture, or archaeological research. Permit applicants apply for
the permit with the Historic Preservation Office.
F.
This information will be used by the Historic Preservation
Department to determine the following:
(1)
The Historic Preservation Department will compare
this to a map of known properties containing significant properties.
Then, the Menominee Language and Culture Commission will discuss the
project area during its monthly meeting. An archaeological survey
or reconnaissance may be required.
(2)
The Historic Preservation Department will conduct
archival research for any known properties included in the National
Register within the project area.
(3)
Upon achieving Tribal Historic Preservation Office
status, funds will be sought to hire a tribal archaeologist. Applicants
can then have all surveys conducted by the tribal archaeologist.
(4)
If a significant resource is known to be on the property,
the Menominee Language and Culture Commission will determine what
activities may occur on the site. The Menominee Language and Culture
Commission has the authority to deny any permit on the basis of resource
protection.
(5)
Depending upon the significance of the resource, specific
limitations may be enforced. This may include limiting or closing
all public access.
(7)
In the case of large-scale projects, specific areas
in a project can be modified without denying the permit.
G.
The permit application should not exceed 60 days,
unless there is potential for an adverse effect, where a memorandum
of agreement (MOA) or other satisfactory agreement is in the process
of negotiation.
A.
Introduction.
(1)
Historically, archaeology has held a very negative
connotation for tribal members. Several sites significant to the Tribe
have been irreparably damaged by irresponsible archaeologists. The
thought of allowing archaeological work to go on would have been previously
unheard of by many tribal members.
(2)
However, the need for archaeological investigations
in order to locate and protect the cultural resources vital to the
Menominee Tribe exists. There is also a mutually beneficial relationship
to be had between the tribal community and the scientific community.
Therefore, the plan will dictate exactly how archaeological work will
take place, and why.
(3)
Archaeological work conducted in accordance with this
plan shall first receive an Archaeological Resource Protection Act
(ARPA) permit. The Director of Historic Preservation, under the guidance
of the Language and Culture Commission, will approve all ARPA permits.
The Menominee Language and Culture Commission has the opportunity
to approve the scope of work for the archaeological work to be conducted.
Accordingly, all work will meet federal guideline standards and applicable
laws.
(4)
The Historic Preservation Department will house all
information and artifacts produced during any stage of activity covered
under this plan. The Historic Preservation Department will serve as
the repository for all papers, studies, or maps. Artifacts will be
held until the Menominee Language and Culture Commission determines
the proper location. The disposition of any artifacts by the Commission
will be final. Artifacts may be returned and reburied at the site
location they were removed from.
B.
Archaeologists.
(1)
Only technically qualified individuals will be allowed
to conduct archaeological work within the exterior boundary of the
Reservation. Accordingly, all archaeological reports shall be written
and submitted by an archaeologist possessing a graduate degree in
archaeology or anthropology (or related field) and a minimum of one
year of field experience. This meets the Secretary of the Interior's
standards until the Tribe achieves Tribal Historic Preservation Office
status. At that time, the Tribal Historic Preservation Officer will
establish standards suited to the needs of the Tribe.
(2)
No intrusive excavation will occur unless specifically
authorized by the Director of Historic Preservation with the concurrence
of the Menominee Language and Culture Commission. Only in extreme
conditions will archaeological work exceed Phase II investigations.
Phase II investigations usually incorporate controlled test excavations
of a small sample (less than 10%) of a given site area. It is a means
of understanding the structure, form, and stratigraphic and cultural
contexts employed in assessing significance. Data recovery or excavation
takes place in a Phase III investigation.
(3)
All archaeological work shall conform to tribal and
federal regulations.
(4)
Archaeological Resources Protection Act permits shall
be approved by the Director of Historic Preservation under the guidance
of the Menominee Language and Culture Commission.
(5)
Copies of all reports generated from archaeological
work shall be sent to and stored at the Historic Preservation Department.
(6)
Cultural resources inadvertently discovered should
be delivered to the Director of Historic Preservation for further
analysis of the site and possible codification.
(7)
The Historic Preservation Department will formalize
a plan for training all pertinent tribal employees or contractors.
This training will be used to teach those individuals to identify
potential resources.
C.
Data recovery.
(1)
The goal of the plan is to preserve sites significant
to the Menominee Tribe. Therefore, data recovery will only be authorized
in the most extreme cases. Phase III data recovery will not be allowed
unless specifically authorized by the Director of Historic Preservation
and the Menominee Language and Culture Commission. If it is decided
to occur, Menominee elders will be consulted to provide guidance to
the Director.
(2)
Reburial of artifacts found during any archaeological
work may occur, unless otherwise directed by the Menominee Language
and Culture Commission. If artifacts are removed for study during
the course of an archaeological investigation (Phase I and II), they
shall be returned to the Director of Historic Preservation. The Director
will curate the artifacts for public display or rebury the artifacts,
whichever the Commission directs.
D.
Investigations.
(1)
Only the Director of Historic Preservation under the
guidance of the Language and Culture Commission shall approve all
archeological investigations occurring on tribal land.
(2)
Upon achieving the status of Tribal Historic Preservation
Office, the Historic Preservation Department shall seek funding to
conduct a Reservation-wide archaeological investigation.
(3)
The information gathered by this investigation shall
be housed in the Historic Preservation Department's files. Data considered
sensitive by the Director would not be disclosed to the public.
(4)
Upon completion of the investigation, the Historic
Preservation Department may nominate all eligible properties to the
National Register. Properties which are potentially eligible for nomination
shall be treated as historic properties until they are nominated.
Sacred sites may not be nominated to avoid disclosure of the site
location.
(5)
All significant properties shall be preserved in a
manner consistent with the significance of the site.
(6)
Due to the spiritual sensitivity of disturbing burials,
ground-penetrating radar will be the only acceptable method which
may locate burials.
A.
Upon inadvertent discovery, investigation of past
discovery, or investigation of a suspected site, the Director of Historic
Preservation will contact the Tribe's archaeologist and establish
a reasonable meeting schedule.
B.
The four-phase investigation process should begin.
If anything is located or suspected, all activity threatening the
site shall cease.
C.
The Language and Culture Commission will be notified
of any findings. If the archaeologist cannot meet directly with the
Commission, then the Director of Historic Preservation will provide
the information to the Commission.
D.
Once notified of the findings, the Commission decides
if the property holds cultural resources meeting the requirements
set forth in this plan.
E.
The Commission will work with Historic Preservation
Department staff to establish a scope of work to expand or extend
investigations into the site.
F.
If the Commission finds that no cultural resources
occur on the site, activity may then resume.
G.
In the event of a dispute, any tribal member may request
the Review Board reconsider its findings.
A.
Any inadvertent discovery of human remains should
be reported immediately to the Director of Historic Preservation (until
Tribal Historic Preservation Office status is achieved).
B.
At no time other than a criminal investigation will
complete excavation and intrusive scientific analysis be allowed.
C.
In situ (on-site) preservation shall be the rule.
Minimal disturbances may occur in determining the nature of the burial.
D.
Proper reburial by the repatriation designee will
be conducted according to the wishes of the Menominee Language and
Culture Commission. Ceremonies shall be identical to the ceremonies
developed by the Menominee Language and Culture Commission for repatriation.
E.
The Menominee Language and Culture Commission also
directs the Director of Historic Preservation and staff to oppose
any undo disturbance or intrusive scientific analysis in off-Reservation
issues pertaining to potential Menominee burials.
