SAMPLE DOCUMENT Type of Document: NAGPRA Policies Date: 2006 Museum Name: Minnesota Historical Society Type: Historic House Budget Size: Over $25 million Budget Year: 2006 Governance Type: Private/Non-profit Organization Accredited: Yes Notes on strengths or special features: The document contains the following sections: Definitions Reference to federal and state laws Statement regarding human remains Repatriation Recognized entities and individuals for consultation & repatriation Required documentation Deaccessioning process Repatriation process Mediation or arbitration process Assisting with repatriation of non-museum objects Other: Acquisition & Use of Cultural Objects Consultation with culturally affiliated groups Public access Access allowed to culturally affiliated groups Other: USE STATEMENT & COPYRIGHT NOTICE The AAM Information Center has provided this sample document. It serves as an example of how one museum addresses a particular issue. Museums should compose original materials based on their unique circumstances. Any document produced by the recipient should not substantially use the contents of this sample as the basis. Materials in the AAM Information Center are provided "as is," without any guarantee or warranty of any kind, expressed or implied. NOTICE CONCERNING COPYRIGHT RESTRICTIONS Under certain conditions specified in the copyright law of the United States (Title 17, United States Code), libraries and archives may furnish a photocopy or other reproduction. The photocopy or reproduction may not be used for any purpose other than private study, scholarship or research. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of fair use, that user may be liable for copyright infringement.
Minnesota Historical Society Policy for Collections Covered Under the Native American Graves Protection and Repatriation Act and other Federal and State Laws Adopted: September 13, 2006 I. Introduction The purpose of the Minnesota Historical Society is to nurture among people a knowledge of and appreciation for the history of Minnesota. To realize this objective, the Society collects and preserves the materials and records of human culture relating to Minnesota and Minnesotans, serves as an information center on and for the state, and illuminates the human story through research and interpretation. As part of its responsibilities, the Society has acquired and preserved a substantial collection of materials associated with American Indians. These collections include approximately 8600 ethnographic objects, 1,250,000 archaeological objects, and human remains associated with eleven individuals. The archaeology collections date from 9,000 years B.P., through the fur trade era and into the present. The focus of the Society s ethnographic collections is the Dakota and Ojibwe inhabitants of this region. The Society continues to collect American Indian materials that tell the contemporary stories of the Dakota and Ojibwe. The Society serves as the repository for most cultural resource management projects in Minnesota as it meets federal curation standards. The Society also preserves and manages materials from its own historic properties and houses the archaeology collection previously held by the University of Minnesota's. II. Compliance The Society shall comply fully with all provisions of the Native American Graves Protection and Repatriation Act (NAGPRA) passed by the U.S. Congress in 1990 (Public Law 601-101 and the Final Regulations, 43 CFR 10), with the 1976 Minnesota "Private Cemeteries Act" (Minn. Stats. 307.08), and with the "Procedures for the Implementation of Minn. Stat. 307.08" developed by the Minnesota State Archaeologist s Office and the Minnesota Indian Affairs Council. This policy applies to all associated and unassociated funerary objects, sacred objects and objects of cultural patrimony, as defined by NAGPRA (see appendix), that are part of the Society s collections. These laws, statutes, and procedures, along with its Collections Management Policy, guide the Society so that it might fully and effectively fulfill its legal obligations, preserve invaluable resources for research into the past, respect the customs and traditions of all peoples, and make these materials available for research and exhibit in an appropriate manner. III. Oversight The Minnesota Historical Society's Executive Council has primary authority for all activities and decisions related to the institution's collections. Operational responsibility is delegated to the Society's director and staff. The Senior Curator and Head of Archaeology serve as coordinators for the Society s NAGPRA activity and compliance, in consultation with other Society staff and members of the institution s Indian Advisory Committee who consider and advise on NAGPRA issues. The coordinators will report periodically to the Society s Executive Council and to the Indian Advisory Committee on their NAGPRA activities. 1
IV. Consultation The Society consults with federally recognized American Indian tribes regarding the tribal affiliation of human remains, sacred objects, objects of cultural patrimony, and funerary objects in the Society s collections. The Society has a formal relationship with Minnesota tribes through its Indian Advisory Committee, established in 1987. This group is comprised of a representative appointed by each of Minnesota s 11 Tribal Chairs and 5 at large members chosen by the appointed committee members. In addition the body includes a standing seat for the director of the Minnesota Indian Affairs council, a representative from the Society's executive council, and two honorary members. While the responsibility for establishing the cultural affiliation of collection materials lies with the Society, it will make a good faith effort to seek information from the relevant tribe or tribes in establishing such associations. Tribal authorities will be permitted reasonable access to the collections to examine items in order to evaluate the cultural affiliation of items listed in the Society s NAGPRA inventory. The Society acknowledges the diversity of opinions, beliefs and concerns, especially among contemporary Indians and others regarding appropriate treatment, use and potential disposition of these materials. IV. Acquisition, Care and Use of Collections As with all collection materials, the acquisition, use and disposition of objects subject to NAGPRA and state law are governed in general by the Society s Collections Management Policy. The following policies apply specifically to human remains, funerary and sacred objects, and objects of cultural patrimony. The Society does not acquire human remains and funerary objects for its collections. The acquisition of sacred objects and objects of cultural patrimony is subject to the provisions of NAGPRA and in consultation with appropriate tribal or lineal descent representatives and with the Society s IAC. The Society also consults, as appropriate, with IAC members and other tribal representatives concerning issues surrounding particular sacred objects. The Society treats human remains and associated funerary objects in a manner sensitive to the dignity and respect due all human skeletal remains. The Society houses human remains only in a facility approved by Minnesota Indian Affairs Council, currently the Osteology Lab at Hamline University in St. Paul. The Society manages sacred objects and objects of cultural patrimony responsibly and with sensitivity. They receive minimal handling, are stored in a ritually appropriate manner whenever possible, are isolated from other collection types, and are stored for ease of physical access by Indian elders. 2
The Society welcomes appropriate use of all the collections in its care. Although access to the collections associated with American Indians is generally granted for legitimate research, educational, or religious purposes, the Society recognizes that some items in the collections are of a highly sensitive nature. Requests for access to such items are subject to review by the NAGPRA coordinators and members of the IAC, as appropriate. Requests for access must include a written statement that explains the reason for access, specifies the collection items needed, and describes their intended use. Official NAGPRA visits must be preceded by a letter of intent and identification from the tribal chair. Exceptions to these policies may be made in the case of objects used by members of the affiliated American Indian groups. V. Repatriation The Society s review of repatriation requests will comply with the guidelines outlined by NAGPRA. Review will reflect consideration of academic and scientific expertise and American Indian viewpoints, and will provide for consultation with each requesting individual or group and in some cases with others who may have an interest in the materials. The NAGPRA coordinators are the principal contact for repatriation requests, their processing, and for subsequent discussion. The Society has adopted a NAGPRA process to document and retain permanent records of all repatriation requests and the content and recipients of all repatriations. That process is described in a flow chart appended to this document Requests from an American Indian tribe for repatriation of collections are subject to the Society's Native American Graves Protection and Repatriation Act procedures, the consultation process previously described, and the provisions of the Society s Collections Management Policy for deaccessioning materials from its collection. While official NAGPRA visits must be preceded by a letter of intent and identification from the Tribal Chair, the Society acknowledges the presence in Minnesota of individuals and groups identifying themselves as American Indians, but not being official representatives of federally recognized tribes. Such individuals or groups have the same rights to visit the Society s collection facilities as any other patron, consistent with appropriate procedures and guidelines. The Society is guided by applicable local, state and federal laws regulating any repatriation requests from such individuals or groups. Once repatriation has been approved, staff will carry out the process in accordance with the provisions of NAGPRA. Physical transfer of items to the tribe or individual will be arranged on a case-by-case basis in consultation with the tribe or individual to determine the best method possible for the tribe and for the Society. If a repatriation request is denied, the Society will inform the requesting tribe in writing of the reasons for that denial. 3
If multiple and conflicting requests are made for repatriation and the Society is unable to determine which, if any, requesting party is the appropriate claimant, the Society will retain and preserve the human remains and/or cultural items until the requesting parties reach agreement or until the dispute is resolved, if necessary, through mediation by the NAGPRA Review Committee. In the event that the cultural affiliation of an object or human remains in the Society collections is established with a federally recognized American Indian group but the group does not wish to pursue repatriation, the Society will retain the object or human remains. The Society will seek guidance from the affiliated group regarding curation methods and the future use of the object or remains for the purposes of research, access, exhibit, and education. Anyone claiming ownership of such objects curated by the Society must submit documentation of his or her claim in writing to the Director of the Society. The Director will review and make a determination on such claims on a case-by-case basis. VI. Dispute Resolution In any dispute regarding repatriation or another NAGPRA-related matter, the Society will endeavor to resolve the dispute through negotiation. In the event that a good faith effort to resolve the dispute is unsuccessful, the Society may submit documentation to the NAGPRA Review Committee. Subsequent actions will be determined on a case-by-case-basis by the Society s Executive Council. 4
APPENDIX Terms Defined Under NAGPRA Federally-Recognized American Indian Tribe is any tribe, band, nation or community of Indians recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Human Remains are the physical remains of a human body of a person of American Indian ancestry. The term does not include remains that may have been freely given or naturally shed by the individuals from whose body they were obtained, such as hair made into ropes or nets. For the purposes of determining cultural affiliation, human remains incorporated into a funerary object, sacred object or object of cultural patrimony, must be considered part of that item. Associated Funerary Objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with or near the individual human remains either at the time of death or later; both the human remains and associated funerary objects are presently in the possession or control of the museum. Items exclusively made for burial purposes or to contain human remains will be considered associated funerary objects. Unassociated Funerary Objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with or near the individual human remains either at the time of death or later; the remains are not in the possession or control of a museum. The objects can be identified by a preponderance of the evidence, as related to specific individuals or families or to known human remains or as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe. Sacred Objects are specific ceremonial objects that are needed by traditional American Indian religious leaders for the practice of traditional American Indian religions by their present day adherents. Objects of Cultural Patrimony are objects having ongoing historical, traditional, or cultural importance central to the American Indian group or culture itself, rather than being property owned by an individual American Indian. Therefore, they cannot be alienated, appropriated, or conveyed by any individual regardless of whether the individual is a member of the American Indian tribe or Native Hawaiian organization; such American Indian groups will have considered such objects inalienable at the time the objects were separated from such group. 5
Relevant excerpts from the Society s Collections Management Policy. Introduction (p. 2) The Society acquires and manages its collections in accordance with prevailing professional standards, with Minnesota Statutes Chapter 138, and with all relevant federal law and international conventions. Procedure manuals separate from this policy guide each curatorial department in managing its collections. Use Policy (p. 5 ) The collections of the Minnesota Historical Society are accessible to the public at the Society's research center and historic sites and through its education, exhibition, and other public programs. The following policies are established in order to preserve often fragile and aged materials while providing maximum access to the collections. Use of collections materials requires cooperation between the staff members using them and the curators and conservators responsible for them. These parties must make every effort to safeguard collections items to ensure their long-term preservation while making them available for the use and enjoyment of the public. The Society respects the special nature of funerary and sacred objects and may apply restrictions on the study and exhibition of these collections. Deaccession section & Disposal section (pp. 7-8) Deaccessioning, the process of removing accessioned materials from the collection, is done with extreme care and sensitivity and only under certain limited conditions. Deaccessioning is considered only for an item that meets one or more of the following conditions: 1) it is no longer relevant and useful to the mission of the Society; 2) it cannot be properly stored, preserved, or used; 3) it no longer retains its physical integrity, identity, or authenticity; and 4) it is unnecessarily duplicated in the collections. Deaccessioning can occur only when the item is clearly owned by the Society. Proof of ownership is not required to deaccession items that have negligible market value. The Society always considers the donor's intent in the deaccessioning process. Express or specific restrictions accompanying the original donation are followed unless adherence to such restrictions is no longer possible or would be detrimental to the collections or the institution. When the acquisition includes a restrictive statement, the Society consults with the donor or donor's heirs before proceeding to deaccession. If necessary, the Society may seek relief from such restrictions through legal action. When the conditions for deaccessioning have been met, the appropriate curator may recommend deaccessioning to the Acquisitions Committee. Approval of the Acquisitions Committee is required for deaccessioning. For items that are estimated to be worth more than $5,000 and for historic properties, the Acquisitions Committee's decision must be approved by the Society's director. For items that are estimated to be worth more than $25,000 and for historic properties, the director refers decisions to the Executive Council Committee on Collections and Historic Sites. This committee then brings its recommendation to the Executive Council for final approval. 6
The Society thoroughly records and permanently preserves the conditions and circumstances under which items are deaccessioned. G. Disposal Policy In disposing of items, the Society must balance the interests of the public for which it holds the collection in trust, the donor's intent in the broadest sense, the interests of the scholarly and cultural community, and the institution's financial well-being. The Society considers transfer of deaccessioned items, through gift, sale, or exchange, to other public institutions where they will continue to benefit the public and serve the purpose for which they were acquired. Proceeds from the sale of a deaccessioned item are used only for the acquisition or direct care of the Society's collections. Following the decision to deaccession, it is the responsibility of the curator to decide the best method for disposal of the item and to discuss this decision with the Acquisitions Committee. The final decision on the method of disposal is made by the curator with approval of his or her supervisor. For items worth more than $5,000 and for historic properties the method of disposal must be approved by the Society's director. For items worth more than $25,000 and historic properties, the director refers decisions to the Executive Council Committee on Collections and Historic Sites. This committee then brings its recommendation to the Executive Council for final approval. The Society does not give or sell deaccessioned items to Society staff members, volunteers, members of the Executive Council, officers of the Society, or members of the immediate families of any of these parties. Any staff member who is involved in the decision to deaccession an item may not acquire the deaccessioned item. Because Executive Council members and officers of the Society are involved in decisions to deaccession items with an estimated value of over $25,000, they may not acquire such deaccessioned items. Trustees who acquire deaccessioned items of a lesser value must disclose the acquisition in writing to the Society's president and director. No item clearly owned by the Society may be returned to the donor unless specific provisions were made in the deed of gift. However, the Society may offer the donor first refusal if the item is to be sold. When the Society transfers legal title to another institution it provides the new owner with the complete record of all transactions related to that item. Documentation of the disposition of deaccessioned materials is maintained as part of the Society's permanent records. Ethics section, last para. (p. 9) The Society does not acquire, by direct or indirect means, an object that it has reason to believe has been unethically or illegally obtained or that has been obtained in violation of international agreements or federal or state laws. The Society endorses the 1970 UNESCO convention and applicable antiquities statutes that prohibit "the illicit import, export and transfer of ownership of cultural property," and subscribes to section 3.2 (Acquisition of Illicit Material) in the Revised ICOM Code of Professional Ethics (June 2, 2000). 7