On October 27, 2022, the UC Office of the President issued a moratorium on all research and teaching activities using Native American human remains or cultural artifacts unless the culturally affiliated tribe(s) give explicit written permission for the research or teaching activities to occur.

The full text of the letter sent by systemwide Provost Michael Brown to the Chancellors of the ten campuses and other key leaders is copied below. 

 

 

CHANCELLORS

 

Dear Chancellors:

 

After extensive multiple reviews, both internal and external to the University, and with the support of the Academic Senate, the University of California finalized its Policy on Native American Cultural Affiliation and Repatriation on January 1, 2022.  This policy prioritizes repatriation of Native American Cultural Items^[1] (including Human Remains), in accordance with the federal Native American Graves Protection and Repatriation Act^[2] and its accompanying regulations^[3] (jointly referred to as NAGPRA), and the California Native American Graves Protection and Repatriation Act^[4] (CalNAGPRA). These regulations were enacted to acknowledge the fundamental human right of Native Americans and Native Hawaiians to their ancestral Cultural Items.

 

This communication highlights the policy restriction on the use of Identified or Potential Cultural Items in research, instruction, or other use, absent tribal approvals. (See §V.J.4 of the policy.) It is understood that this restriction may impede ongoing or planned research. We recommend Chancellor’s Designees or Vice Chancellors for Research disseminate this notice to campus researchers, Museums and Repositories, Anthropology Department Personnel, Graduate Deans, and any other campus unit/department that may be affected by the research restriction described herein. 

 

Which items are subject to this restriction?

 

The scope of this restriction applies to all Native American Human Remains and ethnographic or archaeological objects subject to NAGPRA or CalNAGPRA, whether or not cultural affiliation has been established and whether or not the items have been determined to meet the definition of “Cultural Item” under federal/state regulations.

 

Note that CalNAGPRA § 8013(c) states, “Because it may not be clear whether Native American objects are Cultural Items, all museum collections of Native American ethnographic or archaeological objects shall be included in the preliminary summary.” Thus, while some Native American materials housed by UC (e.g., beads, lithics, faunal remains, and baskets) may have previously not been included in UC NAGPRA inventories/summaries, CalNAGPRA now requires we include them to ensure determinations are made in consultation with Native American Tribes. Application of the research restriction to all Identified or Potential Cultural Items likewise ensures protection of items that might be determined to be Cultural Items.

 

Which Tribes must provide approval?

 

•      If cultural affiliation has been determined, all culturally affiliated Tribes must approve.

•      If cultural affiliation has not been determined, all Tribes whose aboriginal lands/aboriginal territory or tribal lands overlap with the location where the materials originate must approve.

 

How do researchers secure approvals?

 

Researchers should consult with their campus Repatriation Coordinator for a list of Tribes that need to provide approval. Requests for tribal authorization must include a clear and easily understood explanation of the duration, type, nature, and extent of research being requested, and the potential impacts on the human remains and cultural items. In reviewing requests, the campus Chancellor’s Designee will consider (i) evidence of tribal consultation and authorizations, (ii) tribal input, and (iii) efforts to maintain high standards of care and respect for all human remains and/or cultural items. 

 

                                                                        Sincerely,

                                                                       

 

 

                                                                        Michael T. Brown, Ph.D.

                                                                        Provost and

                                                                        Executive Vice President for Academic Affairs

                 

cc:  President Drake

Academic Council Chair Cochran

Academic Council Vice Chair Steintrager

Campus Chancellor’s Designees for NAGPRA/CALNAGPRA MATTERS

Vice President Maldonado

      Vice Chancellors for Research

UCORP Chair Schumann

Chief Policy Advisor McAuliffe

Executive Director Lin

Executive Director Motton

Director DeMattos

Principal Committee Analyst Miller