And now:Ish <[EMAIL PROTECTED]> writes:

Tusweca wrote:
> 
> > January 14/99- Arkansas Democrat-Gazette
> > http://www.ardemgaz.com/today/ark/bdduck14.html
> >
> > "POCAHONTAS -- Randolph County Chancellor Tom Hilburn has ruled
> > orally that duck hunters can continue using a gravel road through
> > private property to access Schaeffer's Eddy, a popular boat launch ramp
> > on the Black River near Pocahontas.
> >
> > "I have received no written opinion from Judge Hilburn," Gazaway said in
> > a prepared statement Wednesday. "Schaeffer's Eddy will now go into the
> > national spotlight as a landmark case on the private property rights and
> > [American Indian] burial sites issues in America today.
> > "All concerned private landowners should become more aware as this
> > case now goes [to appeal]," he added. "Injustice anywhere is a threat to
> > justice everywhere."...
> >
> > Julie Morrow, an Arkansas State University archaeologist, conducted
> > minor excavations at Gazaway's property and discovered what she said was
> > likely an Indian settlement under his land...
> >
> > Archaeologists also determined bones found on the land about 15 feet
> > from the road were 1,000-1,500 years old and may have been from a 7- to
> > 13-year-old Indian child...
> >
> > Throesch drafted a three-paragraph order last week that includes
> > preventing Gazaway from disturbing or blocking the access road. It also
> > allows the Arkansas Archeological Survey to mark stretches of the road
> > that lie over an American Indian site the survey mapped in 1994. That
> > section of the road will not be graded or graveled, Throesch's order
> > reads...
> >
> > Cline added that testimony from Arkansas Archeological Survey director
> > Thomas Green indicated that the entire roadway was archaeologically
> > significant...
> > "They are real, significant sites there," he said. "There is no question
> > that grading had an impact on that site."
> >
> > >From the Democrat-Gazette:
> > "The landowner says he wants to close the road to protect an American
> > Indian burial site rife with remains and artifacts he has found on his
> > property near Pocahontas." (Arkansas)
> > "Gazaway built a fence to block his road, which at the time was nothing
> > more than a dirt track."
> >
> > The plans are to construct a gravel road to the ramp which will disturb
> > the site located there. We were told the site is significant enough to
> > be included on the National Historic Register.
> >
> > § 13-6-403. State plan for the conservation of archeological resources
> > in Arkansas.
> >
> > (a)  The public has a right to the knowledge to be derived and gained
> > from the scientific study of human
> > skeletal burial remains and burial furniture.
> >
> > (b)  Therefore, when justified by "A State Plan for the Conservation of
> > Archeological Resources in Arkansas" as promulgated by the State
> > Archeologist and the State Historic Preservation Officer, the
> > investigation,  excavation, removal, and analysis of human skeletal
> > burial remains and burial furniture is authorized and, if done, must be
> > carried out with the consent of the landowner and consulation with the
> > appropriate tribe, if identifiable, and under the direction of

> > archeologists employed by the state or the United States government or
> > by archeologists meeting the United States Department of Interior's
> > professional qualifications standards found in the current Code of
> > Federal Regulations.
> > No consultation with any 'tribes' has been done nor has provisions of
> > the Sec 106 of the Archaeological Resources Protection Act been met.
> > Please help stop this threat to a very significant Native Site.
> >
> > Governor http://www.state.ar.us/governor/govmailNew.html
> >
> > State Senators
> > http://www.arkleg.state.ar.us/scripts/ablr/members/sen.idc?Mtype=S


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