Smithsonian National Museum of Natural History Bill Billeck Repatriation Office Department of Anthropology National Museum of Natural History April 22, 1999 Chairman Tex G. Hall Dear Chairman Tex G. Hall, During your testimony on April 20, 1999, to the Senate Committee on Indian Affairs at the oversight hearing on the implementation of the Native American Graves Protection and Repatriation Act, 25 U.S.C. §3001 ("NAGPRA”), you spoke about a Memorandum of Understanding ("MOU”) between the Great Plains Region of the Bureau of Reclamation and the Smithsonian Institution. I would like to address your concerns about this MOU. I have attached a copy of the MOU in which the Smithsonian agrees to share information with the Bureau of Reclamation on human remains and funerary objects that are in the collections at the Smithsonian. No human remains or funerary objects were transferred from the Bureau of Reclamation to the Smithsonian after the enactment of either the National Museum of the American Indian Act, 20 U.S.C. §80q et seq., ("NMAI Act") or NAGPRA. The human remains and funerary objects covered under this MOU were never in the possession of the Bureau of Reclamation. Since they were collected from the period of the 1940s to the 1960s, they have always been in the possession of the Smithsonian. The human remains and funerary objects covered under the MOU appear to have been obtained during joint Smithsonian and National Park Service sponsored archaeological excavations on lands that are now administrated by the Bureau of Reclamation. Under the National Museum of American Indian Act of 1989, 20 U.S.C. §80q et seq., ("NMAI Act") it is the Smithsonian's responsibility to inventory, identify, and repatriate the remains in its collections. Under the MOU with the Bureau of Reclamation, the Smithsonian agreed to provide information on the presence or absence of human remains and funerary objects in the Smithsonian collections from the lands administrated by the Bureau of Reclamation. The Smithsonian also reaffirmed its obligation under the NMAI Act to inventory and repatriate Native American skeletal remains and funerary objects in the Smithsonian's collections. The staff at the Repatriation Office at the National Museum of Natural History has provided information on all of the human remains and funerary objects in the Museum to Native Americans across the country. A summary of the ethnological objects and an inventory of the human remains and archaeological objects have been sent to all federally recognized tribes as well. Human skeletal remains and funerary objects of the Mandan and Hidatsa tribes have been repatriated to the Three Affiliated Tribes by the Smithsonian. I am currently in the process of completing a report on the human remains and funerary objects of the Arikara. The report identifies the number of human skeletal remains and funerary objects, where they were obtained, who obtained the remains, and why the remains are thought to be affiliated with the Arikara, rather than with other tribes. I look forward to working closely with the representatives of the Three Affiliated Tribes for the repatriation of the Arikara human remains and funerary objects, as in the previous repatriation of Mandan and Hidatsa remains to the Three Affiliated Tribes. If you have any questions, or need any additional information, please contact me. Agreement No. 5-AG-60-05670 MEMORANDUM OF UNDERSTANDING SMITHSONIAN INSTITUTION and US DEPARTMENT OF THE INTERIOR GREAT PLAINS REGION OF THE BUREAU OF RECLAMATION This Memorandum of Understanding (MOU) is entered into by and between the Department of the Interior (DOI), Great Plains (GP) Region of the Bureau of Reclamation (Reclamation), whose address is PO Box 36900, Billings, MT 59107-6900, and the Smithsonian Institution, a trust instrumentality of the United States established by Act of Congress in 1846, whose address is 1000 Jefferson Drive, Washington, DC 20560. WHEREAS, the Native American Graves Protection and Repatriation Act (25 USC Section 3001) enacted November 16, 1990 (hereinafter "NAGPRA"), requires Federal agencies to inventory and, if cultural affiliation is established, repatriate certain Native American skeletal remains and other objects in their possession or control; and WHEREAS, Reclamation is an agency of the DOI, an executive branch agency which is subject to the requirements of NAGPRA; and WHEREAS, the Smithsonian Institution is exempt from coverage under NAGPRA, but the National Museum of Natural History has adopted as its policy the inventory and repatriation provisions of NAGPRA with respect to cultural patrimony and sacred objects; and WHEREAS, the Smithsonian's statutory obligation to inventory and repatriate Native American skeletal remains, associated and unassociated funerary objects, arises under the National Museum of the American Indian Act (hereinafter "NMAI Act"), 20 USC Section 80q et seq.; and WHEREAS, the Smithsonian has possession and/or control over sizable collections of Native American materials resulting from archeological investigations either sponsored by Reclamation or related to Reclamation projects within the area presently managed by the GP Region, which the Smithsonian has maintained, cared for and, in most instances, accessioned in the same manner as it has the remainder of the Smithsonian's collections; and WHEREAS, because the Smithsonian Institution contends that these collections legally fall under the scope of the NMAI Act, but the GP Region of DOI is unclear whether the collections fall under the NAGPRA responsibilities of the GP Region of DOI or the NMAI Act responsibilities of the Smithsonian Institution, the parties desire to enter into and into an understanding prescribing repatriation responsibility for these collections. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, THE PARTIES AGREB AS FOLLOWS: 1. Collections. The collections subject to this MOU consist of Native American materials, including Native American skeletal remains, associated and unassociated funerary objects, sacred objects, and items of cultural patrimony, originally excavated on GP Region's lands and transferred to the Smithsonian Institution pursuant to permits, regulations, understandings, and other agreements, formal or informal, whereby samples of excavated materials were deposited in the national collections. In most cases, no written documentation exists to describe the precise nature of the transfer to the Smithsonian. However, the parties agree that all materials in the collections resulting from archeological investigations either sponsored by Reclamation or related to Reclamation projects within the area presently managed by the GP Region, including without limitation, materials permanently transferred to the Smithsonian and those placed on long-term, permanent or indefinite loan, also shall be covered by this MOU. Any materials placed on short-term loan, for which there is a written loan agreement specifying a time-period, shall not be subject to this MOU unless the parties mutually agree in writing. 2. Inventory. The collections subject to this MOU shall be inventoried by the Smithsonian Institution in accordance with its statutory obligations to inventory Native American skeletal remains, associated and unassociated funerary objects, pursuant to the NMAI Act, and in accordance with the policy of the National Museum of Natural History voluntarily to comply with the inventory and repatriation provisions of NAGPRA for funerary objects, sacred objects, and items of cultural patrimony (with the exception of the deadline). 3. Coordination. The Smithsonian Institution and the GP Region will inform each other by writing of all collections and repatriation claims that apply to this MOU. In addition, each agency will supply the other with a copy of the repatriation case file pertaining to these collections. 4. Contact with Tribes. As part of its inventory activities, the Smithsonian will be in contact with members of the appropriate tribes, including any individual or tribe that has submitted a repatriation request. 5. Repatriation. Upon completion of the inventory, if the Smithsonian determines that any of these materials should be repatriated, the Smithsonian shall assume full responsibility for final documentation and repatriation of such materials. The Smithsonian shall notify the GP Region of its decision, provide the GP Region a copy of any final reports issued and, if a reburial ceremony is scheduled, advise the GP Region of the date, time, and place of such event. 6. Alternative Procedures. In the event both parties determine that special circumstances exist to justify assumption of inventory and repatriation responsibility by the GP Region for certain materials in the Smithsonian's possession and control, the parties may agree in writing to a modification of this MOU. 7. Duration. This MOU shall be in effect either for five years from the date of final signature, or until all collections subject to this MOU have been inventoried; and if appropriate, repatriated, whichever comes first. This agreement may be terminated prior to the expiration date by any party hereto upon 30 days written notice to the other party after the parties have applied the conflict resolution procedure in stipulation number eight. 8. Conflict Resolution. In the event the parties disagree over the terms of this agreement, the parties shall first attempt to resolve such conflict informally through negotiation. If agreement cannot be reached, the matter shall be submitted to the Regional Director of the GP Region and the Director of the National Museum of Natural History for resolution. If the Regional Director and the Director are unable to reach agreement, the matter shall be submitted to the Commissioner of Reclamation and the Secretary of the Smithsonian Institution for final resolution. 9. Required Clauses. During the performance of this agreement, the participants agree to abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of race, color, religion, sex, or national origin. No member or delegate of Congress, or resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit arising from it. However, this clause does not apply to this agreement to the extent that this agreement is made with a corporation for the corporation's general benefit. 10. Key or Responsible Personnel. The following people will be responsible for monitoring the activities in this agreement: Bureau of Reclamation, Great Plains Region - Terry Zontek |