Policy Statement
In the past, Portland State University (“University”) participated in harmful practices of taking Native American ancestors and cultural items. The University recognizes that these revered ancestors and cultural items have living cultural connections to contemporary Native American Tribes, and their descendants. The University accepts this history as its legacy and its responsibility, and it is fully committed to returning all of the Native American ancestors and cultural items from its legacy holdings in an appropriate and timely manner. The University wishes to prevent further, unconsented disturbances of burials and cultural sites in the future. In enacting this policy, the University acknowledges the sovereignty of Native American Tribes, Alaska Natives, and Native Hawaiian Organizations, and seeks to further collaborative partnerships between University and Tribal personnel through continued dialogue and consultation.
Reason for Policy/Purpose
For centuries, European and American governments and their settler populations have colonized, dispossessed, and sought to assimilate or eliminate Indigenous peoples and nations in the Americas. Within this context, museums and universities have dehumanized Indigenous peoples; participated tacitly or directly in practices of erasure; stolen their physical remains and cultural items; and exploited them for scientific study, prestige, and monetary gain. Native American peoples have continually resisted such actions, and after two decades of targeted lobbying and activism by Native American groups the United States enacted the Native American Graves Protection and Repatriation Act (“NAGPRA”) in 1990. This law was created to protect Native American, Alaska Native, and Native Hawaiian remains, burials, and human rights, and ensure the return of their ancestors and certain types of cultural items.
Between 1960-1990, the University was complicit in these harmful practices and collected Native American ancestors and cultural items for teaching and research purposes. While none of the individuals responsible for collecting at the University are alive today, the University recognizes that these actions were carried out at the University and relied on the University’s resources and influence. Therefore, the University recognizes that it must hold itself accountable for the harm it has caused, and repatriate the ancestors and cultural items in its custody. At the same time, the University recognizes that repatriation places financial and emotional burdens on lineal descendants and descendant communities, and that it must attempt to minimize and help them overcome any barriers they encounter in the repatriation process.
In establishing this policy, the University seeks to:
- Make affected communities whole by returning Native American and Alaska Native ancestors, iwi kūpuna (ancestral Hawaiian human remains), and cultural items to affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations.
- Proactively address the historical injustices and the on-going trauma caused by the University’s past actions.
- Care for Native American and Alaska Native ancestors, iwi kūpuna, and cultural items with respect at all times in culturally appropriate ways developed in consultation with affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations.
- Enable and maintain open dialogue and consultation with Native American Tribes and Native Hawaiian Organizations that enacts ethical procedures for repatriating Native American and Alaska Native ancestors, iwi kūpuna, and their cultural items.
- Prevent causing further harm to Native American and Alaska Native ancestors and iwi kūpuna, their descendents, and/or their affiliated Tribes and Native Hawaiian Organizations through action or inaction.
- Ensure the University maintains compliance with NAGPRA and other applicable laws now and in the future.
- Maintain a spiritually safe and culturally affirming environment for all students, employees, and visitors in University properties.
3. Applicability
This policy applies to all students, employees, volunteers, schools, colleges, administrative units, and contractors of the University. The Vice President for Research & Graduate Studies and the NAGPRA Coordinator bear most of the responsibility for communicating, implementing, and maintaining compliance with this policy, while the University President retains responsibility for all final determinations required by NAGPRA. All students, employees, volunteers, schools, colleges, administrative units, and contractors of the University that work with, or have access to, human remains or cultural items must comply with this policy. This policy also applies to all students, employees, volunteers, schools, colleges, administrative units, and contractors whose activities could result in an inadvertent discovery of, or cause inadvertent disturbances to, human remains or cultural items.
4. Definitions
Affiliated: When “there is a reasonable connection between human remains or cultural items and an Indian Tribe or Native Hawaiian Organization based on a relationship of shared group identity. Cultural affiliation may be identified clearly by the information available or reasonably by the geographical location or acquisition history of the human remains or cultural items” (43 CFR 10.2 “Cultural affiliation”).
Alaska Native: Of, or relating to, a people or culture that is indigenous to Alaska. Many Alaska Natives identify as culturally distinct peoples from other Indigenous groups in North America.
Ancestors: While NAGPRA and other applicable laws use terms such as “human remains,” the University recognizes that these laws actually refer to the ancestors of living Native American, Alaska Native, and Native Hawaiian peoples, communities, organizations, and Tribes. This policy uses the term “human remains” in some places for clarity, but no disrespect to the ancestors or their descendants is intended.
- Iwi Kūpuna: Ancestral Hawaiian human remains. This policy uses the term “iwi kūpuna” in some places in recognition of the culturally specific significance of ancestors’ remains in Native Hawaiian culture.
Cultural Items: According to NAGPRA, only certain types of Native American, Alaska Native, and Native Hawaiian cultural items are eligible for protection and repatriation. These objects include all funerary objects, sacred objects, and objects of cultural patrimony as identified by the traditional knowledge of a lineal descendant, Native American Tribe, or Native Hawaiian Organization (43 CFR 10.2 “Cultural items”).
- Funerary Object: “Any object reasonably believed to have been placed intentionally with or near human remains…[and] any object connected, either at the time of death or later, to a death rite or ceremony” (43 CFR 10.2 “Funerary object”).
- Object of Cultural Patrimony: “An object that has ongoing historical, traditional, or cultural importance central to a Native American group,” according to the traditional knowledge of a Native American Tribe or Native Hawaiian Organization (43 CFR 10.2 “Object of cultural patrimony”).
- Sacred Object: “A specific ceremonial object needed by a traditional religious leader for present-day adherents to practice traditional Native American religion,” according to the traditional knowledge of a lineal descendant, Native American Tribe, or Native Hawaiian Organization (43 CFR 10.2 “Sacred object”).
External Party: Any federal agency or museum other than the University that has possession or control over Native American and Alaska Native ancestors, iwi kūpuna, or cultural items that are in the University’s custody through a loan, lease, license, bailment, or other similar arrangement.
Inadvertent Discovery: When human remains or cultural items are unexpectedly found or exposed. Human remains and cultural items can be inadvertently discovered anywhere, including but not limited to under the ground or on the surface during construction or field work; in laboratories among research materials; or in University facilities, offices, closets, cabinets, teaching materials, or art collections.
Lineal Descendant: “A living person tracing ancestry, either by means of traditional Native American kinship systems, or by the common-law system of descent, to” one or more Native American, Alaska Native, or Native Hawaiian individuals whose human remains, funerary objects, or sacred objects are in the possession or control of the University (43 CFR 10.2 “Lineal Descendant”).
NAGPRA: The Native American Graves Protection and Repatriation Act (“NAGPRA”) is a federal law that was enacted in 1990 to protect Native American, Alaska Native, and Native Hawaiian human remains, burials, and human rights (25 USC §§ 3001-3013). This law requires all federal agencies and “museums” – institutions that have received federal funding and have human remains or certain types of cultural items in their possession or control – to follow a specific process for returning NAGPRA-eligible human remains and cultural items to lineal descendants or culturally affiliated Native American Tribes and Native Hawaiian Organizations. The University meets the definition of a “museum” under NAGPRA, and it is required to comply with NAGPRA. This policy adopts many of the definitions used in NAGPRA (43 CFR 10.2). Some of these definitions are reproduced here with additional comments for convenience.
NAGPRA Coordinator: An individual with in-depth knowledge of, and experience with, NAGPRA who is appointed by the Vice President for Research & Graduate Studies to carry primary responsibility for implementing and accomplishing compliance with this policy, NAGPRA, and other applicable laws.
Native American: “Of, or relating to, a Tribe, people, or culture that is indigenous to the United States” (43 CFR 10.2 “Native American”). Sometimes used interchangeably with other terms, including American Indian, Indian, or Indigenous American. While these are all appropriate terms, Native Peoples often have individual preferences about which terms are used. No disrespect is intended in using any of these terms.
Native American Tribe: Any Tribe, Band, Nation, or other organized group or community of Native Americans, including any Alaska Native village, federally recognized Tribe, or non-federally recognized Tribe. This definition is more inclusive than the definition provided by NAGPRA for “Indian Tribe” which applies only to groups that are “on the list of recognized Indian Tribes published by the Secretary of the Interior” (43 CFR 10.2 “Indian Tribe”).
Native Hawaiian: Of, or relating to, “the Indigenous people who, before 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaiʻi” and their descendants (43 CFR 10.2 “Native Hawaiian Organization”). Native Hawaiian peoples also self-identify as Kānaka Maoli, Kānaka ʻŌiwi, Kānaka Hawaiʻi, or simply Kānaka (singular: Kanaka (Maoli / ʻŌiwi / Hawaiʻi) - a Native Hawaiian person). There are many individual preferences about which terms are used. No disrespect is intended in using any of these terms.
Native Hawaiian Organization: “Any organization that: (1) Serves and represents the interests of Native Hawaiians…; (2) Has as a primary and stated purpose the provision of services to Native Hawaiians; and (3) Has expertise in Native Hawaiian affairs” (43 CFR 10.2 “Native Hawaiian Organization”).
Possession or Control: When an institution has “a sufficient interest in an object or item to independently direct, manage, oversee, or restrict the use of the object or item. A museum or Federal agency may have possession or control regardless of the physical location of the object or item. In general, custody through a loan, lease, license, bailment, or other similar arrangement is not a sufficient interest to constitute possession or control, which resides with the loaning, leasing, licensing, bailing, or otherwise transferring museum or Federal agency” (43 CFR 10.2 “Possession or control”).
Repatriation: The legal process of relinquishing “possession or control of human remains or cultural items” to a lineal descendant, Native American Tribe, or Native Hawaiian Organization (43 CFR 10.2 “Repatriation”).
Return: The physical transfer of human remains or cultural items to a lineal descendant, Native American Tribe, or Native Hawaiian Organization.
5. Policy
Repatriation Policy
1.1. The University acknowledges its role in the taking of Native American ancestors and cultural items in violation of spiritual and cultural beliefs and without the free, prior, and informed consent of their descendants or affiliated Tribes.
1.2 The University recognizes the rights of Indigenous peoples “to the use and control of their ceremonial objects; and the right to the repatriation of their human remains” as articulated in the 2012 United Nations Declaration on the Rights of Indigenous Peoples, Article 12.
1.3 The University fully commits to repatriate any and all Native American and Alaska Native ancestors, iwi kūpuna, and cultural items under the University’s possession or control upon the request of affiliated lineal descendants, Native American Tribes, and/or Native Hawaiian Organizations. The University shall cooperate with the requestors to determine an appropriate time, means, and manner to return repatriated Native American ancestors, iwi kūpuna, and cultural items.
1.4 The University fully commits to collaborate with lineal descendants, Native American Tribes, and Native Hawaiian Organizations to overcome any barriers they encounter while attempting to rebury, memorialize, or care for their ancestors and cultural items.
1.5 For cases where external parties have possession or control over ancestors, iwi kūpuna, or cultural items in the University’s custody, the University shall cooperate with those parties and advocate for the repatriation and return of the ancestors, iwi kūpuna, and cultural items to their affiliated lineal descendants, Native American Tribes, and/or Native Hawaiian Organizations.
1.6 The University will comply with NAGPRA at 25 USC §§ 3001-3013 and follow the processes established by its implementing regulations at 43 CFR Part 10. The University will comply with all other applicable local, state, and federal laws and regulations governing the protection of human remains and cultural items.
1.7 The University shall work in collaboration with interested Native American Tribes to rebury and memorialize any Native American ancestors or cultural items whose origin cannot be identified. The University shall notify and consult with Native American Tribes before reburying ancestors and cultural items in their traditional territories.
Duty of Care
2.1 All University students, employees, volunteers, and contractors who work with or handle any human remains or cultural items shall treat them with respect in accordance with the historical and culturally specific background of the remains that are being used.
2.2 The University will hold all Native American ancestors, iwi kūpuna, and cultural items in a protected, non-public space and in culturally appropriate conditions as identified by affiliated or potentially affiliated lineal descendants, Native American Tribes or Native Hawaiian Organizations while they are in the University’s custody.
2.3 The University will collaborate with affiliated or potentially affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations to ensure their ancestors, iwi kūpuna, and cultural items receive culturally appropriate care and handling while they are in the University’s custody.
2.4 The University acknowledges its responsibilities to protect and provide care for all Native American and Alaska Native ancestors, iwi kūpuna, and cultural items in its custody continue indefinitely until they are returned to affiliated lineal descendants, Native American Tribes, Native Hawaiian Organizations, and/or an external party with possession or control.
2.5 The University will cooperate with affiliated or potentially affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations to provide full access to their ancestors, iwi kūpuna, cultural items, and all related documents and information.
2.6 The University will protect all sensitive information identified by affiliated lineal descendants, Native American Tribes, and/or Native Hawaiian Organizations from disclosure to the general public to the greatest extent possible under any applicable laws. The University will not release any media statements about Native American, Alaska Native, or Native Hawaiian human remains or cultural items unless it obtains free, prior, and informed consent from all affiliated lineal descendants, Native American Tribes, Native Hawaiian Organizations, and/or external parties with possession or control. Proof of consent must be submitted to the NAGPRA Coordinator before any media statements are released.
2.7 All University students, employees, volunteers, and contractors shall obtain free, prior, and informed consent from all affiliated or potentially affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations before exhibiting, granting access to, or conducting any research on Native American, Alaska Native, or Native Hawaiian human remains or cultural items.
a. “Research includes, but is not limited to, any study, analysis, examination, or other means of acquiring or preserving information about human remains or cultural items” (43 CFR 10.1(d)(3)).
b. The NAGPRA Coordinator must be notified and proof of consent must be provided to the NAGPRA Coordinator before the exhibition, access, or research begins.
2.8 Whereas the University recognizes that, for some Native American, Alaska Native, and Native Hawaiian peoples, any images or other digital media (e.g. 3D images and CT scans) derived from ancestors’ remains, funerary objects, and/or sacred objects carry the same spiritual weight and potency as the human remains and objects they were derived from:
a. All University students, employees, volunteers, and contractors shall not create any images derived from Native American and Alaska Native ancestors, iwi kūpuna, funerary objects, or sacred objects without first obtaining free, prior, and informed consent from the deceased individual, their family, and/or all affiliated or potentially affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations. Proof of consent must be provided to the NAGPRA Coordinator before any images are created.
b. The University will consult with affiliated or potentially affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations to ensure images derived from Native American and Alaska Native ancestors, iwi kūpuna, funerary objects, or sacred objects receive culturally appropriate care and handling.
c. The use of images derived from Native American and Alaska Native ancestors, iwi kūpuna, funerary objects, or sacred objects shall be restricted to defined, consented purposes, and such use shall remain confined to a protected, nonpublic space.
2.9 The University will keep a permanent record documenting all physical transfers of Native American ancestors, iwi kūpuna, and/or cultural items from its custody.
3. Accessions
3.1 The University and all of its employees, schools, colleges, and administrative units shall not knowingly acquire possession or control of any new holdings that contain Native American, Alaska Native, or Native Hawaiian human remains or cultural items.
3.2 The University and all of its students, employees, schools, colleges, and administrative units shall not knowingly accept any loans or temporary custody of holdings that contain Native American, Alaska Native, or Native Hawaiian human remains or cultural items without first:
a. Obtaining free, prior, and informed consent from all affiliated or potentially affiliated lineal descendants, Native American Tribes, and Native Hawaiian Organizations; and
b. Notifying the University NAGPRA Coordinator and providing proof of consent to the NAGPRA Coordinator.
3.3 Nothing in this part shall limit Native American, Alaska Native, or Native Hawaiian employees, students, or volunteers from acquiring or using sacred objects or objects of cultural patrimony for their own cultural or religious practices.
3.4 The University and all of its employees, schools, colleges, and administrative units shall not knowingly acquire possession or control of any new holdings that contain any human remains without first obtaining the free, prior, and informed consent of the individual, their family, and/or their descendant community. The NAGPRA Coordinator must be notified and proof of consent must be provided to the NAGPRA Coordinator before the human remains are acquired.
4. Roles and Responsibilities
4.1 The University President is responsible for all final decisions and determinations required by NAGPRA, including determinations of cultural affiliation and responses to repatriation requests.
4.2 The Vice President for Research & Graduate Studies is responsible for oversight and compliance with this policy, NAGPRA, and other applicable laws and regulations. The Vice President for Research & Graduate Studies may designate a knowledgeable proxy for these purposes, and for certain other responsibilities as specified below.
4.3 The Vice President for Research & Graduate Studies shall develop and communicate procedures and guidelines for implementing and complying with this policy.
4.4 The Vice President for Research & Graduate Studies is responsible for allocating sufficient resources to fulfill the University’s obligations as described under this policy.
4.5 The Vice President for Research & Graduate Studies shall designate a NAGPRA Coordinator. The NAGPRA Coordinator shall have in-depth knowledge of, and experience with, NAGPRA, other applicable laws, and consultation practices. The NAGPRA Coordinator shall report to the Vice President for Research & Graduate Studies.
4.6 The NAGPRA Coordinator is the individual who carries primary responsibility for implementing and accomplishing compliance with this policy, NAGPRA, and other applicable laws. The NAGPRA Coordinator’s duties include:
a. Providing culturally appropriate care and handling for ancestors, iwi kūpuna, and cultural items in the University’s custody.
b. Consulting, cooperating, and collaborating with lineal descendants, Native American Tribes, and Native Hawaiian Organizations to repatriate and return ancestors, iwi kūpuna, and cultural items.
c. Providing lineal descendants, Native American Tribes, and Native Hawaiian Organizations access to their ancestors, iwi kūpuna, and cultural items in the University’s custody, and all related documents.
d. Coordinating with University students, employees, volunteers, schools, colleges, administrative units, and contractors to maintain compliance with this policy.
e. Documenting all applicable ancestors, iwi kūpuna, cultural items, correspondence, loans, transfers, and other records.
f. Producing reports, notices, and NAGPRA documents (including Inventories, Summaries, Federal Register notices, and Repatriation Statements) as required by this policy, NAGPRA, or other applicable laws.
g. Providing training, guidance, and outreach on this policy to help all affected parties achieve compliance with this policy, NAGPRA, and other applicable laws.
4.7 The NAGPRA Coordinator’s name and contact information shall be clearly identified on the University’s website.
4.8 At any time that the University has knowledge of Native American or Alaska Native ancestors, iwi kūpuna, or cultural items in its custody, the Vice President for Research & Graduate Studies (or their proxy) must establish a NAGPRA Committee. The NAGPRA Committee shall be composed of the NAGPRA Coordinator (ex officio member) and other members appointed by the Vice President of Research & Graduate Studies (or their proxy).
a. Each appointed member shall have demonstrated experience with one or more of the following subject areas: NAGPRA, Indigenous repatriation work in other countries, consultation with Native American Tribes or Native Hawaiian Organizations, working collaboratively with Native American Tribes or Native Hawaiian Organizations, and/or research compliance.
b. Any prospective member who does not meet these requirements can become eligible for membership on the NAGPRA Committee if they receive training on the law, regulations, and process of NAGPRA from the NAGPRA Coordinator, or from an independent training organization.
4.9 The NAGPRA Committee shall be responsible for providing oversight and advice on all matters related to implementing and complying with this policy, NAGPRA, and other applicable laws. The NAGPRA Committee shall:
a. Review draft reports, notices, and NAGPRA documents produced by the NAGPRA Coordinator.
b. Review preliminary determinations of cultural affiliation for all Native American and Alaska Native ancestors, iwi kūpuna, and cultural items.
c. Review repatriation requests submitted by lineal descendants, Native American Tribes, and Native Hawaiian Organizations.
d. Make recommendations to the University President regarding any decisions required by NAGPRA, including determinations of cultural affiliation and responses to repatriation requests.
e. Make recommendations to the Vice President for Research & Graduate Studies and the NAGPRA Coordinator regarding procedures for implementing and communicating this policy, and proposed revisions to University policies and practices that affect compliance with this policy.
f. Review claims of any violation of this policy or the procedures adopted to implement it, and make any applicable recommendations.
4.10 All University students, employees, volunteers, schools, colleges, administrative units, and contractors shall consult with the NAGPRA Coordinator in advance of any activities that will involve, or may cause inadvertent disturbances to, Native American, Alaska Native, or Native Hawaiian human remains or cultural items. The NAGPRA Coordinator shall offer guidance and support to help the responsible party maintain compliance with this policy, NAGPRA, and other applicable laws and regulations.
4.11 Any University students, employees, volunteers, or contractors who make an inadvertent discovery, or suspect they have discovered human remains or cultural items, anywhere on University property, or while conducting any activity on the University’s behalf, shall immediately cease all activity in the vicinity of the discovery, protect it from further disturbance, and notify the NAGPRA Coordinator. Inadvertent discoveries can occur at any time including during construction, during research in the field or in a laboratory, or during routine operations on campus grounds, offices, and facilities. The NAGPRA Coordinator shall offer guidance and support to help the responsible party maintain compliance with this policy, NAGPRA, and other applicable laws and regulations.
6. Links to Related Policies, Procedures or Information
Interim PSU NAGPRA Procedures
United Nations Declaration on the Rights of Indigenous Peoples
25 USC Chapter 32: Native American Graves Protection and Repatriation
43 CFR Part 10 - Native American Graves Protection and Repatriation Regulations
7. Contacts
If you have any questions regarding this policy, please contact Reno Nims (NAGPRA Coordinator) at 503-725-6611 or nagpra@pdx.edu.
8. History / Revision Dates
Adoption Date: July 28, 2025
Next Review Date: July 2030