Nez Perce Graves CLARKSTON, Wash., Sept. to locate coffins, which were -3-(UPI) Nez Perce Indian opened and robbed of Jewelry graves, including that of Chief and skulls. Joseph, have been robbed and desecrated near here, anthropologists said today. -The-88-graves, dating-back more than 100 years, were in an old burial ground about 15 miles west of here... Dr. Sprague sald-rods had been driven into the grouл Successes, Problems, and Challenges: Implementing the Native American Graves Protection and Repatriation Act Testimony to the Senate Committee on Indian Affairs Immediate past President, American Association of Museums Overview On whole. affected parties, which include several thousand museums, universities, federal agencies, and Native American tribes, have implemented the Act in accordance with the intent and spirit of the law. More than 2,700 Native American human remains and 122,948 associated funerary objects have been repatriated. Sixteen objects of cultural patrimony, and 212 sacred objects have also been repatriated. Key results of the Act to date include: Establishment of equal treatment under the law for Native American dead Partial restoration of individual and tribal cultural and religious integrity Assistance in helping several tribes continue or restore traditional Native American religious practices • Increased partnership among many museums, universities, and federal agencies resulting from dialogue required by the Act-benefits include greater knowledge of collections, better public interpretation of Native American art and culture, and increased understanding and appreciation of the Native American experience Given the large number of agencies and individuals involved in the Act, and the complexity of issues the Act addresses, there have been remarkably few disputes among the affected agencies and parties. The museum and scientific communities have generally embraced the principles of the Act and carried out its provisions in good faith, often at considerable individual and institutional expense. Tribes have done the same. While implementation has not been without significant challenges and difficulties, and while it is too soon to give any comprehensive, long-term assessment of the impact of NAGPRA, to date the Act has largely succeeded in realizing Congressional objectives. Problems and Issues Need to complete promulgation of regulations. The Act called for establishment of regulations within a year of its passage. Five years later, regulations have yet to be promulgated though regulations covering part of the Act will soon be published. There are several reasons for this extended delay. The Review Committee was not appointed until a year after passage of the Act and it can only meet, due to budget restrictions, two to three times a year Regulatory issues are sensitive and they require substantial input from affected parties and subsequent consideration by the Review Committee and the Secretary The Department of Interior's NAGPRA Office is small and its workload is large The Department of Interior is a large federal bureaucracy: it is difficult to move regulations through the system in a timely manner Absence of regulations over the last five years has caused unnecessary confusion and expense to museums, universities. federal agencies, and Native American tribes. Though key deadlines for the Act-filing of summaries and inventorieshave passed. it is important that regulations for the remainder of the Act be promulgated within a reasonable time. Need to increase financial assistance to museums, universities, and Native American tribes. Congress has appropriated $4.37 million for grants to museums and tribes. This amount is less than 5% of the total, conservatively estimated $55 million in costs for NAGPRA implementation to date. Neither museums, tribes, nor Native Hawaiian organizations operate with significant discretionary funds. The financial burden to all parties will continue to be heavy as consultation related to inventories of human remains and associated funerary objects increases. Congress is making substantial cuts to federal support for museums and tribes. These cuts will hurt the ability of some museums and of many tribes to carry out NAGPRA implementation in an effective. timely manner. Our nation has spent vast amounts of money, rightly, in an effort to repatriate 2,500 of our dead from Vietnam. There are tens of thousands of Native American dead that should be repatriated. The nation has a moral responsibility for return of these remains, many of which were taken under federal auspices. Federal financial support for NAGPRA should. at a minimum, be doubled for the next three years. Limited ability of non-federally recognized tribes to participate in the Act. The Department of Interior has interpreted the definition of 'tribe' in the Act to apply only to federally recognized tribes. Thus, many tribes, some previously recognized by the federal government and others not, have been disenfranchised or partially disenfranchised from the benefits of the Act. More than fifty tribes are presently filing for federal recognition. The Review Committee has urged the Secretary to adopt a more liberal meaning of the term 'tribe' for the purposes of the Act and applicable only to the Act, but to no avail. While some museums, tribes, and the Review Committee have cooperated to return some human remains to non-federally recognized tribes, the general exclusion of non-federally recognized tribes who possess continuing cultural identity represents an important flaw in the construction of the Act, or its interpretation. Short of amendments to the Act, which are not generally favored at present. Congress can recognize this problem and urge the Secretary to seek means to ameliorate it. Exclusion of the Smithsonian Institution from NAGPRA: The Smithsonian Institution, the national museum, is not presently required to adhere to the terms and provisions of NAGPRA. although assurances were given at the time NAGPRA was passed that the Smithsonian would adhere to its provisions. Instead, the Smithsonian operates under separate legislation. The various Smithsonian museums operate under a variety of policies regarding Native American repatriation. The Museum of the American Indian's policies provide greater opportunity for repatriation of Native American human remains and cultural items than NAGPRA terms and provisions. The American Museum of Natural History operates under separate policies. While the Smithsonian has spent substantial money, time, and energy on repatriation. its policies do not uniformly assure the same rights to Native Americans as those guaranteed under NAGPRA. Specifically, the Smithsonian does not have to: provide inventories of human remains and associated funerary objects to Native Americans on or before November 16, 1995 ⚫ provide written summaries of its holdings to tribes. follow the repatriation procedures for human remains or cultural items required of all other museums, federal agencies, or universities |