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OFFICE OF THE EXECUTIVE VICE CHANCELLOR
OFFICE OF THE VICE CHANCELLOR - RESOURCE MANAGEMENT AND PLANNING
OFFICE OF THE VICE CHANCELLOR FOR RESEARCH
November 3, 2022
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ALL ACADEMICS AND STAFF AT UC SAN DIEGO
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Restrictions on the Use of Potential Cultural Items in Research
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Dear Campus Researchers, Anthropology Department Personnel, Graduate Deans, Campus Department Chairs, Directors, PIs, and Organized Research Units across the campus, All Academics and Staff,
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 by UC San Diego Campus, that this restriction may impede ongoing or planned research and any additional departments 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?
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- 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.
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How do researchers secure approvals?
Campus Researchers should consult with the UC San Diego Campus Repatriation Coordinator, Eva Trujillo at e7trujillo@ucsd.edu 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 impact on the human remains and cultural items. In reviewing requests, Vice Chancellor Gary C. Matthews, 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,
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Elizabeth H. Simmons
Executive Vice Chancellor
Gary C. Matthews
Vice Chancellor, Resource Management & Planning
Corinne L. Peek-Asa
Vice Chancellor, Office of Research Affairs
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