and its impact on Native American Collections the differences in collections care and policies. Presented by Diana Stone, Administrative Assistant Caryatid Conservation Services, Inc.

The legislation of NAGRPA (Native American Grave Repatriation and Protection Act, 1990) and NMAI Act (National Museum of the American Indian Act, 1989) changed how the United States treated the use of Native American human remains, associated and unassociated funerary objects, and sacred objects. These Acts returned thousands of human remains, funerary and sacred objects back to their Tribes of origin; and created a dialogue between the museums/federal institutions and the Tribes about the care and use of the remaining Native American collections.

NMAI ActNAGPRA

Notes: (1) Because the numbers provided in this table are estimates, we have rounded them to the nearest ten. (2) Totals may not add because of rounding. (3) In addition to repatriating human remains and objects included in this table, the Smithsonian has also returned some Native American items solely because they were illegally acquired by the Smithsonian, or in the case of the American Indian Museum, by the museums predecessor, the Museum of the American Indian in New York. Specifically, the American Indian Museum has returned about 30 such items, and the Natural History Museum has returned about 19 such items. An item is considered illegally acquired, for example, if the collector did not have the legal right to acquire it. a According to Smithsonian officials, the museums calculate the number of human remains differently. The Natural History Museum calculates the minimum number of individuals. The American Indian Museum currently calculates the minimum number of individuals, but previously used other methods, including counts of individual elements and counts of the number of bone fragments. The minimum number of individuals cannot be estimated for human remains that were repatriated before the counting method was standardized. The total number of human remains includes skeletal material, hair, scalps, and other cultural objects that may contain human remains. b The American Indian Museum Repatriation Manager told us that some of these are lots rather than individual items. A lot generally is a group of human remains or artifacts that are related in some way, but are not individually numbered or identified. Highlights of GAO , a report to congressional requesters Human remainsFunerary objects Sacred objects and objects of cultural patrimony Museum Number offered for repatriation Number repatriatedPercent Number offered for repatriation Number repatriatedPercent Number offered for repatriation Number repatriatedPercent American Indian %29,400 b 8,20028%1,1901,09092% Natural History 5,5603,94071%182,82091,36050%50 100% Total 5,9804,33072%212,22099,55047%1,2401,14092%

There are six steps to getting an object repatriated to a Native community. Step One:Informational RequestInformational Request Step Two:Formal Request for a Visit and Collections ReviewFormal Request for a Visit and Collections Review Step Three:Consultation Visit and Collections ReviewConsultation Visit and Collections Review Step Four:Formal Repatriation RequestFormal Repatriation Request Step Five:Repatriation Research and ReportingRepatriation Research and Reporting Step Six:Deaccession and RepatriationDeaccession and Repatriation

DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS SUMMARY: This notice publishes the current list of 566 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. The list is updated from the notice published on August 10, 2012 (77 FR 47868).

Most federally recognized tribes are organized under the Indian Reorganization Act (IRA) of 1934 (25 U.S.C. 461 et seq.), including a number of Alaska Native villages, which adopted formal governing documents under the provisions of a 1936 amendment to the IRA. The passage in 1971 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601), however, provided for the creation of regional and village corporations under state law to manage the money and lands granted to Alaska Natives by the act. The Oklahoma Indian Welfare Act of 1936 provided for the organization of Indian tribes within the State of Oklahoma.

Defining some of the terms and classifications of the qualifying objects under NAGPRA

For purposes of this Act, the term (1) burial site means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited. (2) cultural affiliation means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group.

For purposes of this Act, the term (3) cultural items means human remains and (A) associated funerary objects (B) unassociated funerary objects (C) sacred objects (D) cultural patrimony

(A) associated funerary objects … objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects.

(B) unassociated funerary objects … objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, where the remains are not in the possession or control of the Federal agency or museum and the objects can be identified by a preponderance of the evidence as related to specific individuals or families or to known human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe.

(C) sacred objects … specific ceremonial objects which are needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present day adherents, …

(D) cultural patrimony … an object having ongoing historical, traditional, or cultural importance central to the Native American group or culture itself, rather than property owned by an individual Native American, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether or not the individual is a member of the Indian tribe or Native Hawaiian organization and such object shall have been considered inalienable by such Native American group at the time the object was separated from such group.

(human remains)

Posted by Adam Kaminski, Video Editor at Central Michigan Life on November 4, 2010 at 9:39 pmAdam Kaminski

The 9,000 year old remains of a man was found in Kennewick, Washington along the Columbia River on July 28, 1996 After dating the remains the U.S. Army Corps of Engineers, which manages the land where the discovery was made, turned them over to Native American tribes in the Northwest, who did not want any further testing performed on them. Eight anthropologists sued to gain access to the remains, claiming that the decision did not follow federal law.

Judge agreed, ruling that in order to be eligible under the 1990 Native American Graves Protection and Repatriation Act (NAGPRA)--Kennewick Man must have "a relationship to a presently existing tribe, people, or culture." But because "Kennewick Man's culture is unknown and apparently unknowable," the tribes' request to repatriate was denied. The four tribes--the Colville, the Umatilla, the Yakama and the Nez Perce--appealed the August 2002 decision. Remains are in the Burke Museum at the University of Washington, his home for the past six years while the courts have been determining his fate. (2004)

16 years after his discovery, many of Kennewick Man's secrets were made public by Smithsonian Institute forensic anthropologist Douglas Owsley, who studied Kennewick Man for nearly a decade. Kennewick Man, was a long-range wandering hunter, likely from the Pacific Coast 200-plus miles away. The middle-aged wanderer, scientists believe, was 5-foot 7 or 8 inches, theoretically 161 pounds, with a major league baseball-caliber right throwing arm and a Polynesian-like face with good-enough teeth for a "fabulous smile."

Detection Chemical spots tests XRF (X-Ray Fluorescence Spectrometry) GC-MS (Gas Chromatography – Mass Spectrometry) Mitigation HEPA- Filter Vacuuming Compressed Air Laser Exposure to ultraviolet light Washing Freeze-drying Chemical alteration

Blessing of Collection Spaces Object Handling – Certain objects may only be by one gender and taboo to be handled by the other. Orientation of Objects on shelving and within the room Use of micro-climates Variation of these practices between Tribal Groups Awareness of diverse beliefs between Native Americans Objects resulting from the Pan-Indian movement and Tourism Conservation papers on these topics can be found at: (enter search term: Native American)

Image from The Seminole Tribune Article, Tribes unite for student stickball on OCTOBER 24, 2013 by Eileen Soler Alternatives to use of the main collection: (May only apply to Tribally owned Museums) Tribal member only loan kits can be created by Tribal Member specialists of that tradition The community may want a reliable location for storage and care for objects of cultural importance and Museums/Cultural Centers have a responsibility to keep track of objects

Report from Susan Heald, Senior Textile Conservator Paper was presented at the 8th Congress of Textile Conservation North America in Oaxaca de Juárez, Oaxaca, México on November 8 – 11, Four of the collaborations cited from the paper published came from pages 155 – 170.

… In 1991, NMAIs conservation lab was established. As the museums priorities and resources have shifted over the past 20 years, NMAI's conservators have developed various ways of consulting with Native communities. … efforts focused on treatment of individual objects, subsequent exhibit-specic conservation consultations focused on groups of materials. NMAI's conservation unit has become established as a training ground for emerging conservators…. … have expanded to include workshops given by Native artisans that focus on a certain material or techniques, …, but also address the cultural context of these traditions. …. Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages

NMAI conservators have espoused two ongoing, inter-related commitments: 1) provide conservation training opportunities emphasizing Native American cultural material 2) support consultations and collaborations with Native constituents to fulll the Museum's mission of working in partnership with Native peoples and supporting the continuance of Native cultures These consultations help to inform the Museums care, preservation, and conservation of its collection which is viewed by staff and Native American constituents as a living collection linked to existing, thriving cultures. Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages

Challenges for Exhibition and workshop Establishing respect exhibition protocol - Signage vs. Verbal instructions Damage in shipping Collections are protected for them, not from them Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages Images from the NMAI Exhibit Infinity of Nations: Art and History in the Collections of the National Museum of the American Indian –Ongoing in New York, NY

Beadwork to be displayed for exhibition Standard protocol for conservation vs. the beliefs of the Tribe. Displaying a damage piece would not represent the level of expertise of the Tribe Museum went sided with the Tribe and the pieces underwent restoration with the guidance and skill of the Tuscarora beadworkers Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages

Challenges for Preservation (Damage from use during loan) Building relationship of respect and open communication for care of object during loans Cultural recovery Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages Members of the Confederated Tribes of Siletz Indians from Oregon gather on the Voices of the World stage to perform their traditional Feather Dance. Photo by Katherine Moore, Ralph Rinzler Archives and Collections, Smithsonian Institution

The mask had several elements in poor condition The community felt it unacceptable to display the mask without replacing deteriorated components, since it would never be danced in such deteriorated condition Community members prepared replacement feathers & a cedar bark skirt in British Columbia NMAI conservators documented the extant materials and construction of the mask at the CRC A Kwakwakawakw artist traveled to the CRC with the feathers and a cedar bark skirt to work with conservators in renewing the mask. Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages This image came from The North American Indian by Edward S. Curtis. These images were published between 1907 and According to the U.S. Library of Congress, they are in the public domain in the United States. Ham'samala mask dance. Edward S. Curtisthey are in the public domainEdward S. Curtisthey are in the public domain

Conservators assisted and documented the removal of original components and the replacement of the new; the original deteriorated components were retained, labeled and stored in separate storage supports. A second collaboration with the team, produced a presentation of their work at: Canadian Conservation Institutes 2007 Symposium, Preserving Aboriginal Heritage (Kaminitz et al. 2008). Collaborative treatments challenge conservators to balance standard conservation ethics with traditional protocol for care; at times pitting minimal intervention against outright restoration. Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages Kwakwaka'wakw. Baleen Whale Mask, 19th century. Cedar wood, hide, cotton cord, nails, pigment, 23 5/8 x 28 1/2 x 81 1/8 in. (60 x 72.4 x 206 cm). Brooklyn Museum, Museum Expedition 1908, Museum Collection Fund, Creative Commons-BY

NMAI conservators have found that providing – Detailed documentation for every treatment step Written rationale for each decision will help others understand why certain treatment decisions were made during a collaborative effort (Chang and Heald 2005). Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages

Some of the basics learned were: 1. dont underestimate the importance of hospitality, such as sharing meals; 2. provide a place and time for private prayer or blessing for consultants to prepare themselves to work with the collections; 3. keep the number of people in the consultation small so as not to overwhelm the consultants; 4. phrase questions carefully – yes or no questions will not provide as much information; 5. realize that there is some information that may not be culturally appropriate to share with outsiders; 6. also realize that members of the same community may voice differing opinions regarding how specic objects should be cared for, or if displaying culturally sensitive materials is appropriate. Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages

Slide 17) Walking Them Home: - walking-them-home/ walking-them-home/ Slides 18-20) Kennewick Man – the Controversy: - ethnicity/110937/kennewick-man-return- dead/ ethnicity/110937/kennewick-man-return- dead/ Slide 17) Issues of Pesticide contamination: - de_Contamination.pdf de_Contamination.pdf Slide 18) Treatment of objects within Collection Spaces: Slide 21, 23-26) Twenty Years of Conservation Collaborations: Heald, Susan. Twenty Years of Conservation Collaborations with Native Peoples at the National Museum of the American Indian, The 8th Congress of Textile Conservation North America; Oaxaca de Juárez, Oaxaca, México: November 8 – 11, pages Slide 3) The NMAI act Vs. NAGPRA: -- In the Smaller Scope of Conscience: The Struggle for National Repatriation Legislation, 1986–1990 by C. Timothy McKeown (Feb 6, 2014) In the Smaller Scope of Conscience: The Struggle for National Repatriation Legislation, 1986–1990 by C. Timothy McKeown (Feb 6, 2014) Slide 4) Smithsonians 2010 report on NMAI Act: -- highlights of GAO , a report to congressional requesters highlights of GAO , a report to congressional requesters Slide 5) SIX STEPS TO REPATRIATION: Slide 7) 566 tribal entities: /pdf/ pdf 10/pdf/ pdf Slide 8) Federal Recognition: Slides 9-15) Classifications of Objects: -- law/FHPL_NAGPRA.pdf law/FHPL_NAGPRA.pdf

df df program/program-papers-oax-2011.html program/program-papers-oax-2011.html