POLICY FOR THE ACQUISITION, TREATMENT, AND DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS OF UNITED STATES ORIGIN BY THE DEPARTMENT OF ANTHROPOLOGY, UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
Federal and state laws regulate
many aspects of the exhumation, curation, and disposition of human remains and
funerary objects, including artifacts found in graves and grave markers, under
their jurisdiction. Applicable Federal laws include the Native American Graves
Protection and Repatriation Act (NAGPRA, P.L. 101-601) and Section 106 of the
National Historic Preservation Act (16 U.S.C. 470f). Multiple Illinois state
laws pertain to these materials including the Illinois State Agency Historic
Resources Preservation Act (20 ILCS 3420) , the Cemeteries and Coroners Act
(760 ILCS 100/1 et seq); Human Skeletal Remains Protection Act (20 ILCS 3440);
and the Archaeological and Paleontological Resources Protection Act (20 ILCS
3435) . Most other states also have laws that apply to the treatment of human
remains. In addition, various professional anthropological and archaeological
organizations have promulgated ethical guidelines on the use and curation of
human remains. The Department of Anthropology maintains collections of human
skeletal remains as an essential part of fulfilling its educational and
research mission. This policy on the acquisition, treatment, and disposition of
human remains collected within the United States and its possessions is
formulated to ensure that Departmental procedures regarding these activities
are in accordance with those appropriate laws. Units of the Department that
have curation responsibilities regarding human remains and associated artifacts
include the Laboratory of Anthropology (LOA) and the Illinois Transportation
Archaeology Research Program (ITARP). In addition, faculty, researchers, and
students may have human remains from other collections or sources in their
possession for the purposes of research and/or teaching.
Definitions:
Lineal descendants
are those individuals tracing their ancestry directly and without interruption
by the common law system of descendance to remains held by the Department.
Indian tribe means
any American Indian group so defined in 43 CFR Part 10.2, Native American
Graves Protection and Repatriation Act.
Acquisition
The decision to accession human remains into Departmental collections will be
made by the Head and the Directors of LOA and ITARP in consultation, as
appropriate, with other faculty members having expertise in North American
archaeology and physical anthropology. Faculty and researchers requesting
Departmental accessioning of human remains covered by this policy shall present
such requests in writing to the Head. This request will outline the educational
and research value of the remains, evaluate as far as possible the ethnic,
cultural, and chronological context of the remains, and document attempts to
identify lineal or culturally related descendants who might claim the remains.
If lineal or culturally affiliated descendants can be identified, the
Department will not accession the remains unless written permission to do so is
provided by these descendants. In general, the Department will not accession
human remains from the United States or its possessions unless it can be
demonstrated that such remains are essential to fulfilling its long-term
educational or research activities and that such remains have been collected in
accordance with the provisions of the appropriate federal and state laws.
Department members who intend to obtain on loan human remains covered by this
policy from other institutions will notify the Head in writing prior to
accepting the transfer of such remains to campus. It is the responsibility of
Department faculty or researchers who obtain human remains on loan to
ensure that
their activities regarding these remains are in compliance with the appropriate
federal and state laws and the stipulations of the loaning
institution.
Curation
All human remains accessioned by the Department will be curated in accordance
with the provisions and standards of 36 CFR Part 79 and general professional
ethical standards.
Consultation with Lineal or
Culturally Affiliated Descendants
The Head will appoint an UIUC Osteology Committee including 1) the Director of
LOA, 2) the Director of ITARP, 3) one faculty member with expertise in North
American archaeology, 4) one with expertise in North American physical
anthropology, and 5) other faculty and staff members as appropriate. The
Osteology Committee will assist the Head in responding to consultation requests
and claims initiated by potential lineal descendants and/or culturally
affiliated Indian tribes. Immediately upon receipt of a request for
consultation or the receipt of a claim of ownership, the Head shall forward the
same to the Chair of the Osteology Committee. The primary responsibility of
this Committee will be to provide the Head with appropriate scientific,
cultural, and contextual information to assist the Head in evaluating the basis
for potential claims. The Committee will provide this information to the Head
in written form together with an advisory recommendation, when appropriate,
regarding the acceptance or rejection of any claim.
I. Initiation of Consultation
Process by Lineal or Culturally Affiliated Descendants
a) Lineal Descendants: Anyone wishing to consult with the Department regarding
a potential association as a lineal descendent with human remains accessioned
by the Department must submit that request in writing to the Head along with
documentation indicating the possible relationship. Individuals wishing to
consult with the Department should contact the Head for details regarding the
specific information and procedures required .
b) Indian Tribes: Any Indian tribe wishing to consult with the Department
regarding a possible association by cultural affiliation with human remains
accessioned by the Department must submit that request in writing to the Head
along with documentation of the proposed relationship. In addition, the
individual must submit a letter from the appropriate tribal government
indicating that he or she is an authorized representative of that governing
body for the purposes of this consultation. Tribes wishing to consult with the
Department should contact the Head for details regarding the specific
information and procedures required.
c) Upon receiving a request for consultation from a potential lineal descendent
or a tribal representative, the Head shall establish a mutually agreeable time
for the consultation to take place. In such consultations the Department shall
be represented by the Head and the members of the Osteology Committee. At the
conclusion of the consultation, the Head shall prepare a letter to the
potential claimants summarizing the results of the process and any group
consensus (if achieved) regarding possible lineal or cultural relationships
between the human remains in question and the potential claimant. A copy of
this letter will be kept on file in the Department.
II Initiation of Claims of
Ownership by Lineal or Culturally Affiliated Descendants
a) Lineal Descendants: Anyone claiming to be a lineal descendent of human
remains accessioned by the Department must submit documentation of their
relationship in writing to the Head. Individuals wishing to pursue a claim with
the Department should contact the Head for details regarding the specific
information and procedures required.
b) Indian Tribes: Any Indian tribe who asserts cultural affiliation to and
ownership of human remains accessioned by the Department must submit
documentation demonstrating their relationship in writing to the Head. In
addition, any individual purporting to represent the tribe must submit a letter
from the appropriate tribal government indicating that he or she is an
authorized representative of that governing body for the purposes of pursuing
this claim. Tribes wishing to pursue a claim with the Department should contact
the Head for details regarding the specific information and procedures
required.
c) Within forty five days of receiving full and complete written documentation
of such a claim for ownership of the human remains in question by a lineal
descendant or Indian tribe, the Head will respond in writing to the claimant
notifying them of the Department's decision regarding the validity of that
claim.
d) In`cases where the Department awards ownership of the remains to the lineal
descendent or Indian tribe but retains possession of the remains in accordance
with their wishes, a formal agreement shall be executed between the Department
and the claimants outlining the rights and responsibilities of both parties in
regard to the treatment of the remains.
e) Disputes regarding ownership between the claimants and the Department:
1) In cases where the remains are subject to NAGPRA, notification of the
dispute will be forwarded to the Review committee established by the Native
American Graves Protection and Repatriation Act for resolution;
2) For all other remains, resolution will be provided by an impartial third
party arbitrator as authorized under Illinois law (Ill. Rev. Stat. ch 10 sec
101 et seq). If a third party resolution is unacceptable to either party, a
final determination may be adjudicated.
Treatment
The Department shall make human remains and associated artifacts available to
qualified researchers for the purpose of scientific inquiry including
destructive analysis, if justified. Interested researchers should submit
proposals that address the purpose of the study, research design, analytical
methods and techniques, and a timeline for submitting a final report. These
proposals must be submitted for review to the Chair of the Osteology Committee
and forwarded, with their recommendation, to the Head for approval or
rejection. Any affiliated remains or associated grave goods subject to NAGPRA
will be handled in accordance with those procedures. A full report describing
the analysis, its results and significance is required to be submitted to the
Department upon completion of the study.
Human remains and associated artifacts may be examined at the LOA or ITARP
facilities, or borrowed by another educational institution or museum for
analysis by a qualified researcher upon approval of an acceptable research
proposal and in accordance with the Department's policies on loans.
Human remains may be used for educational and teaching purposes by Departmental
faculty and researchers with the approval of the Head.
Disposition
Human remains and funerary objects will be returned to recognized claimants
pending Department approval of a written request for deaccessioning and return.
The return of human remains and objects subject to NAGPRA will comply with the
provisions of the Act which require approval of a written request for
deaccessioning and return. Upon completion of deaccessioning the Department
will notify claimants when the remains and objects are available for transfer.
They will be given to the claimant upon signature of a receipt of transfer by
the responsible lineal descendent or authorized representative of a culturally
affiliated Indian tribe.
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Last Updated
September 2001