This video will explain what evidence is used to determine cultural affiliation by a museum or federal agency under NAGPRA, discuss how a decision is reached, and review what occurs when there is a dispute over a finding. Federal agencies and museums must comply with NAGPRA if they have possession or control over native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. For purposes of NAGPRA, federal agencies do not include the Smithsonian Institution. Museums under NAGPRA are any institution or State or local government agency (including any institution of higher learning) that receives Federal funds and has possession of, or control over, Native American cultural items.
Contents of Video:
0:00 Introductory Sequence
0:49 Welcome and Introduction
3:01 What is cultural affiliation?
4:59 Publish a notice of the decision in the Federal Register
6:01 In this situation, the decision is published twice in a newspaper
7:09 A reasonable determination that can be made from the facts
7:23 It is up to the Tribe to begin the showing of cultural affiliation
7:56 If two or more Tribes make a joint claim, there is no controversy
9:10 Preponderance of evidence means more likely than not
10:21 NAGPRA Process: New Discoveries
11:24 Culturally affiliated Indian Tribe
11:59 NAGPRA Process: Collections
13:59 What goes on during the Summary and Inventory process?
19:56 What is the evidence to show that relationship?
20:17 Different types should be given equal weight
20:40 This is why consultation is so important in this process
24:46 Consultation when creating NAGPRA inventories and summaries
26:54 Role of Review Committee in Decision Making
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