Hello All,

While I believe that Linda Bitley's suggestions are the best way to proceed, I do have a quick question.  I am under the impression that NAGPRA as written is applicable to those people and institutions that receive some sort of federal funding.  Does the legislation apply to individuals?  And if so, in what way are individuals obligated legally to comply with the legislation?

Seeking clarification.
Keni Sturgeon 
Western Oregon University
Monmouth, OR 97361


----- Original Message -----
From: Linda Bitley <[log in to unmask]>
Date: Wednesday, April 27, 2005 12:06 pm
Subject: Re: Native American bowl and bones

> Kim:
> 
> Per the Native Americans Grave Protection and Repatriation Act, any
> recovered remains that may be Native American should be turned 
> over to
> the State for identification and if appropriate repatriation to 
> the most
> appropriate group of Indians.   In Georgia that is the Department of
> Natural Resources.  Please ask the lady to call me at the Georgia 
> Parksand Historic Sites Preservation Lab (770-389-7812).  I can 
> put her in
> contact with our State Archaeologist who will advise us on how 
> best to
> handle this situation or refer her to his counterpart in another state
> if that is more appropriate.  With the Georgia State Archaeologist's
> consent I can also hold the remains in our secured collection storage
> facility until repatriation and disposition is agreed upon.  I 
> would not
> suggest that she transfer the remains to her uncle, especially if he
> intends to exhibit them in his museum.  That is liable to get him 
> in a
> peck of trouble with State and Federal authorities and the Native
> American community.  The State Archaeologist's Office in each 
> state and
> the NAGPRA regulations are set up to handle situations like this 
> in a
> manner that accords to the remains the same respect and dignity 
> that the
> living person deserved.  I will be more than happy to work with 
> the lady
> to resolve this matter.  
> 
> Linda Bitley
> Curator of Collections
> Georgia Parks and Historic Sites
> 770-389-7812
> [log in to unmask]
> 
> 
> 
> >>> [log in to unmask] 04/27/05 11:10 AM >>>
> Kimberly,
> 
> All legalities aside (and it sounds murky as to whether it was 
> "legally" excavated or not) I personally would not want to see an 
> infant's skeleton form a native american context on exhibit in any 
> museum.
> 
> The most ethical approach that I would advise is to consult an 
> anthropologist as to the culture or tribal group based on the 
> bowl, and
> 
> then make contact with that group to arrange a respectful return 
> and 
> reburial of the remains.
> 
> As many on the list know in the USA that native american human remains
> 
> are an extremely sensitive and political issue - and I would think 
> that
> an infant's remains to be doubly so. So I would advise this to be 
> handled with great sensitivity and respect.
> 
> I do know that when any human remains are found in excavation that 
> there is often a legal requirement for the authorities to make a 
> determination as to whether the remains are recent or historical 
> before
> they can be removed. I remember this happening when our archaeological
> 
> field crew was excavating a 1620's skeleton in Virginia. The state 
> SHIPPOS also require a research design to be submitted for any 
> excavations of human remains from any sites over which they have 
> purview. The legal requirements may vary widely from locale to 
> locale 
> and if the remains came form private, state, or federal lands.
> 
> Cheers!
> Dave
> 
> David Harvey
> Conservator
> Los Angeles, California  USA
> 
> -----Original Message-----
> From: Kimberly Kenney, Curator <[log in to unmask]>
> To: [log in to unmask] 
> Sent:         Wed, 27 Apr 2005 07:25:30 -0700
> Subject: Native American bowl and bones
> 
>   Hello,
> 
> I just had a woman call me who has in her possession a
> Native American bowl that appears to have an infant's
> skeleton in a baggie inside it.  Her mother excavated
> it herself in the late 1940s or early 1950s.  She
> believes the two were together at the time her mother
> found it.
> 
> The mother has since died, and the caller wanted some
> advice on what to do with the bowl and bones.
> 
> She described it to me as an oval shaped, plain brown
> clay bowl, which is broken.  She believes her mother
> found it in either southern Ohio or Georgia.
> 
> I asked if she was certain that it was a Native
> American piece -- she said her mother was an active
> collector and knew a great deal about the subject.
> However, she did not leave any information about the
> bowl.
> 
> The caller said she believed her mother had taken it
> to a Native American museum in Macon, GA for
> evaluation, but she did not donate it.  Her brother
> (the caller's uncle) was also a Native American
> collector and started his own museum in Michigan.
> 
> The caller doesn't want the bowl and bones, but she
> didn't want to just throw them away, which is why she
> called us.  Since our mission is to collect artifacts
> from Stark County, Ohio and President McKinley, it
> certainly doesn't fit into our Mission.  I am also
> unfamiliar with laws and regulations about the
> posession of remains, since it has never been an issue
> at our museum.
> 
> So I told her I would post to all of you, and get her
> some information about who she can contact regarding
> the bowl and bones.
> 
> Thank you!
> Kim Kenney
> 
> Kimberly A. Kenney, Curator
> Wm. McKinley Presidential Library & Museum
> 800 McKinley Monument Dr. NW
> Canton OH 44708 * 330-455-7043
> Visit the Ohio Memory Project at http://www.ohiomemory.org 
> 
> * NEW EXHIBIT:  "Made in Canton" will be on view through July 24, 2005
> 
> * CONFERENCE:  Help us "Celebrate Canton!" at our special 
> conference 
> April 29-30
> See our website for more details:  http://www.mckinleymuseum.org 
> 
> "Let us ever remember that our interests are in concord, not conflict;
> 
> and that
> our real eminence rests in the victories of peace, not those of 
> war." 
> 
> -- 25th
> United States President William McKinley
> 
> 
> 
> 
> 
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> Linda Bitley
> Curator of Collections
> Georgia Parks & Historic Sites
> 2600 Hwy 155, SW
> Stockbridge, GA 30281
> T:  770-389-7812
> F:  770-389-7813
> E:  [log in to unmask]
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