NAGPRA Hot Potato

NAGPRA Hot Potato

Learning Goals

  • Understand the role of federal agencies
  • Understand the difference between legal possession, physical possession, and intellectual property.
  • Understand the importance of accession records as they apply to chain of custody, control, possession, or provenance and the importance of accuracy in repository inventory.
  • Understand the difference between private and public lands.

Case Study

In 1975, salvage excavations on Otterbay Island uncover 80 sets of Native American human remains on private land. They are flown back and housed at Seaside University. In 1980, they are transferred to Midsouth University for analyses by the local bioarchaeologist, and professors at Midsouth published numerous pieces about the collection. In 1985, the land where the remains were uncovered is purchased by the Bureau of Land Management. Twenty years later, tribes contact Midsouth University requesting the return of their ancestral human remains. The tribes say they can read the articles about the remains, but they also want to have the remains repatriated.  Professors at Midsouth say they do not have NAGPRA responsibility because they do not legally own the collection; they say it is still on loan from Seaside University. Seaside University argues that they never formally accessioned it and that Midsouth University has had possession of the collection since before NAGPRA was passed. Neither institution has a NAGPRA inventory of the collection.  The Bureau of Land Management is willing to take responsibility for legally repatriating the collection, but Regional Director of the BLM Robert Sheffield isn’t sure who should do the inventory.

Discussion Questions

  • What is the chain of custody in this case?
  • Who owns the data that the professors published? If the scientists decide to release them, how long should they wait? Is it ethical for them to retain it in perpetuity?
  • What are the stewardship responsibilities of the university?
  • Who has NAGPRA responsibility?
  • What is the role of consultation in this case?
  • In what ways is this case study unsatisfactory?