Drawing Back Culture: The Makah Struggle for Repatriation

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University of Washington Press, 2015 M08 17 - 208 pages

The Makah Indians of Washington State--briefly in the national spotlight when they resumed their ancient whaling traditions in 1999--have begun a process that will eventually lead to the repatriation of objects held by museums and federal agencies nationwide. Drawing Back Culture describes the early stages of the tribe's implementation of what some consider to be the most important piece of cultural policy legislation in the history of the United States: the Native American Graves Protection and Repatriation Act (NAGPRA).

NAGPRA was passed by Congress in 1990 to give Native people a mechanism through which they could reclaim specific objects of importance to the tribe. Because NAGPRA definitions were intended for widespread applicability, each tribe must negotiate a fit between these definitions and their own material culture. The broad range of viewpoints within any given tribal community creates internal negotiations over NAGPRA surrounding the identification and eventual return of such objects. Negotiations also arise concerning the nature of ownership. At the heart of this ongoing struggle are themes relevant to indigenous studies worldwide: the central role of material culture in cultural revitalization movements, concerns with intellectual property rights and self-representation, and the trend towards professional cultural resource management among indigenous peoples.

The conception of ownership lies at the heart of the Makahs' struggle to implement NAGPRA. Tweedie explores their historical patterns of ownership, and demonstrates the challenges of implementing legislation which presumes a concept of communal ownership foreign to the Makahs' highly developed and historically documented patterns of personal ownership of both material culture and intellectual property. Drawing Back Culture explores how NAGPRA implementation has been working at the tribal level, from the perspective of a tribe struggling to fit the provisions of the law with its own sense of history, ownership, and the drive for cultural renewal.

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Page 147 - Federal land manager" means, with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public...
Page 151 - Federal agency or museum cannot clearly determine which requesting party is the most appropriate claimant, the agency or museum may retain such item until the requesting parties agree upon its disposition or the dispute is otherwise resolved pursuant to the provisions of this Act or by a court of competent jurisdiction. (f) MUSEUM...
Page 150 - Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion.
Page 144 - 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...
Page 150 - documentation" means a summary of existing museum or Federal agency records, including inventories or catalogues, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American human remains and associated funerary objects subject to this section. Such term does not mean, and this...
Page 144 - Hawaiian organization and an identifiable earlier group. (3) "cultural items" means human remains and(A) "associated funerary objects" which shall mean 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...

About the author (2015)

Ann Tweedie is a social anthropologist and museum consultant in Pleasantville, New York.

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