information to the individual. So there would have to be compensation for our time doing that work for that researcher, and so with that in mind,

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Barnaby Lewis, Tribal Historic Preservation Officer The Gila River Indian Community P.O. Box 2140 Sacaton, Arizona 85634 barnaby.lewis@gric.nsn.us 520.562.7152 Good morning everybody. My name is Barnaby Lewis. I am the Tribal Historic Preservation Officer for the Gila River Indian Community. And first of all our community really doesn't have a formal policy or protocol for any kind of research. No matter what kind with the exception of one and that's for medical research. Now, the Gila River Indian Community was established in 1859, by an act of Congress. And our community is comprised of two separate tribes: The Ak'miel O'odham, which is what our traditional name is and we re formally recognized as the Pima tribe. There's also the Pee Posh, formally recognized as the Maricopa. And the Maricopa are a separate and distinct tribe with their own language and their own traditions and their own way of life separate from the Ak'miel O'odham. The community is comprised of two separate tribes. We have 17 members on our tribal council, with one Governor and one Lieutenant Governor. We have a Cultural Resource Advisory Committee that was established in 2006. And the (Cultural Resource Advisory) Committee has particular duties and responsibilities as far as what they are charged with as far as any review of any kind of activity they are responsible for. As you see, our culture is the main subject as far as (the Advisory Committee) goes. I'm going to read a couple of their functions and descriptions for the Cultural Resource Standing Committee: review, provide cultural guidance and make recommendations on all plans and proposals presented by private citizens, groups, organizations and community entities, state and federal agencies that involve the cultural heritages of the Ak'miel O'odham and Pee Posh people. The second says: ensure plans and proposals presented by private citizens, groups, organizations, community entities, 1

state and federal agencies support the community s effort to preserve and perpetuate languages, history, traditions and cultural heritages of the Ak'miel O'odham and Pee Posh. With that in mind, and we all know there's been a long history with research -- research in itself has a bad name among Native Americans I believe, because of the long history of negative research that's been published with the Native peoples. And with us, as far as Gila River, you know it goes on today. We have a great deal of negative experiences with publications involving our peoples, the Pee Posh as well as the Ak'miel O'odham. So it's really difficult I d say, for anybody that has an interest in doing research at Gila River, not to undergo a great deal of criticism and scrutiny regarding any proposal they may wish to present to the Community Council. When I say the Community Council, what happens is the proposal is presented to the Cultural Resources Advisory Committee. They will then forward that to the Community Council to get their concurrence on approving a proposed research matter. Now, we understand as well, that it was said that that -- I can't remember the term -- academic freedom that s a whole different thing in regard to offreservation ways, I guess. And so it's not something... that's accepted within the community. And you know we're a sovereign nation, but our authority only lies within the boundaries of our community and we ve got no authority to stop your research. Even though you might come and we oppose and don t agree with it and ask you not to do it. You might still do it any way which sometimes happens. I've been there 15 years, and I only remember one researcher that agreed not to proceed with their work based on the recommendation of the Cultural Resource Standing Committee. They did not wish that type of research to be conducted within the community. There are other things involved for some researchers want to come and visit certain areas within the community. That s also another matter that would probably be difficult to achieve. You need to go through a different committee besides the Cultural Resource Advisory Committee to get that accomplished. There's such a thing as a Right of Entry Permit. You have to go through the Natural Resources Standing Committee to apply for the permit. There's a fee involved and you submit the proposal or request for right of entry to the committee -- then come to the committee meeting and present your permit application, and the committee at that time will approve or disapprove. You know, a lot of times people have a great interest in visiting an archaeological site called Snake Town -- it's well known worldwide and even on 2

some of the maps in the public realm. We continuously get requests by outside people to visit Snake Town and they have always been denied. So, even though it s on the public National Park Service website, it is restricted to the community lands and normally it s not open to the public. When I mentioned the other (medical research protocol), it is actually an ordinance adopted by the Community Council and it s called the Medical Health Care Research Ordinance. The research ordinance established a Research Review committee that reviews, approves and monitors research proposals from the individuals, organizations or entities who wish to conduct the research within the community. And on April 15, 2009, the community ratified the medical health care ordinance -- GR 0509, to approve the medical research health care proposals submitted. They (the Medical Health Research Review Committee) review, approve and monitor all research proposals from individual, organizations, and entities that wish to conduct research within the community. And you know, I think all that started -- everybody is aware of what happened with the Hualapai (sic) (he is referencing the Havasupai Tribe) with the blood samples. All the tribes are very much concerned about medical research when it comes to this type of research, with tissues and diabetes, and it goes on and on but there's a different protocol for that. If the board approves it, they will be the ones to actually enter into a memorandum of agreement with the researcher on whatever the researcher subject is. In 2009, the Gila River community entered into a memorandum of agreement with the National Park Service to establish the Tribal Historic Preservation office. The overall objective of the Tribal Historic Preservation Office is to protect, preserve and regulate all matters relating to cultural resources and preservation, in accordance with the rules and responsibilities and authority granted under Section 101(D)(2) of the National Historic Preservation Act. The TIPO serves as a tool to further the community's goals for protection, preservation, perpetuation of the languages history, tradition and cultural heritages of the Ak'miel O'odham and Pee Posh, including the protection and preservation of sacred and culturally significant sites. So, you have three things. The best thing if you have an idea of doing collaboration or research proposal, I suggest the first thing is to call our office. If you don't want to go through our office the other thing to do is go through the Cultural Resource Standing Committee. They have an administrative assistant who 3

attends to the committee's minutes and packet information.... As far as doing research as I have said, I have been there 15 years and haven't had very many students (approach the tribe to conduct research). One was from the University of Arizona doing research and they went through the standing committee and did their paper. It wasn't really a research per se, it was a dissertation subject having to do with community members and their history and that was it. Otherwise it wasn't a research matter in itself. There are a lot of things the tribe is concerned very about. Publications, as I said before -- when they (researchers) come and ask these kinds of questions, they are concerned with, here again, the history and the past. In the past people just came onto community lands to seek out elders or acquaintances, and they in turn take them to other people within the community or sensitive locations within the community. And we're very concerned nowadays; a lot of things happened where we have no control over or haven t learned how to control. Like when people come on with a GPS and take photographs and put them on the Internet. They drive around with cameras that go around on the car and post on Facebook and all over the place. We re really very concerned that it gets the outside communities interested in coming to the community lands. But people need to know, these are the lands of a sovereign nation. We have our own ordinances and trespass is one of them. If they trespass they are subject to confiscation of their vehicle and civil sanctions for trespassing, so you ve got to keep it in mind. The best thing is to call first, and get some guidance from somebody. These three organizations and two committees and our office is the best place to start if you are wishing to do something, that kind of research that requires entering the community land or speaking of language research. And language research in itself is a totally different thing because it involves, obviously, other tribal departments. Start with the Cultural Resources Standing Committee. We haven't had very much collaboration with any university regarding any kind of research. And we are concerned about that too. A lot of times, I'm not familiar how a researcher goes about doing their research and how they acquire information to complete the research. We had one researcher from back East who was calling and emailing and asking for information, but then it took away the staff's time to look through our records and provide the 4

information to the individual. So there would have to be compensation for our time doing that work for that researcher, and so with that in mind, it's been brought to the Community Council's attention and they agree. Be prepared for that, too, in the event that happens. Otherwise, I think that's all I have. And so I thank you for your attention. Thank you. 5