Working with and benefitting from NAGPRA Professor Bethany Berger University of Connecticut School of Law

1867 Surgeon General Circular History Thomas Jefferson 1867 Surgeon General Circular American Museum of Natural History 1897—the Story of Quisuk The Tunica Biloxi Story Klukwan Story: Whalehouse totem

Who is subject to NAGPRA? “Museums” broadly defined any institution or government agency (including any institution of higher learning) that receives Federal funds and has possession of, or control over, Native American cultural items. Federal funds includes grants, loans, contracts, etc. Funds may be received from museum itself, or larger entity of which it is part (e.g., town, university etc.)

Who is not subject to NAGPRA?

What is subject to NAGPRA? Native American Human Remains Physical remains. Does not include items freely given, such as hair woven into nets. Native American Funerary Objects Objects intentionally buried with a body. If no longer with body, must show were probably buried with body. Native American Sacred Objects Objects used for continuing religious practice Native American Cultural Patrimony Objects of central ongoing importance to the Native group

“Native American” Relating to “a tribe, people, or culture that is indigenous to the United States,” including Alaska Natives and Native Hawaiians Kennewick Man

What does NAGPRA require for new potential acquisitions? Prevents excavation of such objects on federal or tribal land, without tribal consent.

NAGPRA obligations for museums I “Summary” of collections that may contain covered items “Inventory” of human remains and associated funerary items. Both should be created in consultation with tribes who may have cultural affiliation to the objects or on whose lands the objects were found, and provided to those groups once complete.

NAGPRA Requirements for Museums II: Repatriation Museums must repatriate objects to lineal descendants or culturally affiliated Indian tribes unless: “Indispensable” to completion of scientific study of “major benefit” to the US Requests by multiple individuals/groups, and cannot determine who has best affiliation Objects given by individual or group with authority to give objects A court has held repatriation would violate 5th Amendment

NAGPRA as benefit to museums

On Beyond NAGPRA Respectful care and stewardship Consultation and collaboration Association of Art Museum Directors 2006 Guidelines Canadian Government Policy on Sacred and Culturally Sensitive Objects

Feel free to contact me at bethany.berger@uconn.edu Thank you! Feel free to contact me at bethany.berger@uconn.edu