Origin: A Genetic History of the Americas

ackward in time 1,000 years, or 10,000 years. Many tribes are potentially
descended from the population to which the Ancient One belonged (we’ll
sidestep the question of whether he himself was directly ancestral to
anyone). Who can give or refuse permission for research on an ancient
person if there are potentially many thousands of descendants? Should the
default position be one of respecting the wishes of tribal members who
claim kinship with him? Or should priority be given to the conducting of
scientific research that could potentially give insights into the histories of
many peoples?
The troubling history of archaeology in the Americas, which we’ve
discussed throughout this book, overlays these complex questions. When so
many ancestors’ remains were removed from archaeological sites, often
without consulting descendant communities, many tribes feel that they have
no reason to trust researchers. And the idea of descendant community that’s
applied is often based upon a Western notion of “blood relation.” Even if an
ancestor is not a genetic relative, many Indigenous communities still
identify them as such and feel an obligation toward them.
Unfortunately, existing research regulations leave many avenues open
for problematic research practices. In the United States, the Common Rule,
which underlies ethical oversight of research on humans (governed by
Institutional Review Boards, or IRBs), does not apply to ancient humans
(11).
NAGPRA, the law that governs human remains and artifacts associated
with descendant tribes, does not apply to the remains of ancient people
found on private property; a property owner can elect to have genetics
research done on such remains without consulting potential descendant
communities. This was the case for the Anzick-1 child, although fortunately
consultations did take place following the research (12).
Furthermore, NAGPRA does not prevent research on human remains
that are deemed to be “culturally unaffiliated.” A recent example of
problematic research resulting from this loophole occurred when geneticists
reported the sequencing of mitochondrial genomes from a number of people
buried in Chaco Canyon, New Mexico. Under the law, scientists were not
required to consult with any tribes, as the remains were officially designated
“unaffiliated.” But there are a number of Indigenous Southwestern
communities whose oral traditions link them strongly with the ancestors at