Moratorium on the Use of Human Remains, Native American Cultural Items, Images, and Reproductions of Native American Human Remains and Cultural Items
The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 (codified at 25 U.S. Code 3001 et seq.) and companion federal regulations (43 CFR Part 10) establish a process for museums, colleges, universities, and other institutions to return certain human remains, funerary and sacred objects, and objects of cultural patrimony to Native American tribes, Native Hawaiian organizations, and lineal descendants that demonstrate requisite relationships to the remains and other items.
In keeping with NAGPRA and the values of our institution, Los Rios Community College District is fully committed to the repatriation of Native American remains and cultural items. In this process, we are engaging in consultation with local tribal communities.
Download the Los Rios NAGPRA Moratorium.
NAGPRA requires colleges and universities, museums, and other agencies to compile detailed summaries and inventories, consult with Native American tribes, and follow a process to return human remains, funerary objects, sacred objects and objects of cultural patrimony that meet the requirements outlined in the law and are claimed by a tribe or tribes.
NAGPRA covers five different categories: human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony. Human remains fall into two groups 1) those that can be culturally affiliated or connected to a modern-day tribe or tribes and 2) those that cannot be culturally affiliated which are considered culturally unidentifiable. Culturally unidentifiable remains are eligible to be claimed and transferred to Native American tribes using the 43 CFR 10.11 regulations.
Cultural affiliation means “a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present-day Native American tribe and an identifiable earlier group” (25 USC 3001 (2)). NAGPRA requires this determination be made in consultation and considers multiple lines of evidence including geographical, kinship, biological, archaeological, linguistic, folkloric, oral tradition, historical, or other information. Remains are culturally unidentifiable when a relationship of shared group identity cannot be established on a reasonable basis. Culturally unidentifiable remains are eligible to be claimed and transferred to Native American tribes using the 43 CFR 10.11 regulations.
Our tribal partners have asked us for an immediate moratorium on the use of all human remains and Native American cultural items at our colleges until it can be determined that they were obtained ethically with consent and/or we have a formal policy in place. Ceasing the use of all human remains is a fundamental display of respect for the cultural and spiritual significance of the remains. It acknowledges the dignity of the deceased individuals, and it aligns with the principles of ethical conduct and cultural sensitivity.
In most cases at our colleges, we do not know the specific origins of the human remains in our possession, and we do not have documented consent that the individual intended their body to be used for the purposes of teaching and research.
Respecting the human remains by taking them out of use shows a commitment to honoring the traditions and beliefs of Native American Tribes. It also helps create an atmosphere of trust and cooperation during the consultation and repatriation process. By ceasing classroom use promptly in Los Rios, we demonstrate our dedication to ethical practices and compliance with the law.
The moratorium will remain in effect until Los Rios has adopted a board policy on NAGPRA and the use of human remains. Adopting a NAGPRA policy will follow our normal process with broad stakeholder participation. (See our Policy and Regulation Vetting Process.) We anticipate having a policy in place by the end of the spring 2024 semester.
Deputy Chancellor Jamey Nye will work closely with our NAGPRA liaisons and local Tribes to review any documentation put forth with the intent of showing that human remains are non-Indigenous and were obtained ethically with consent.
These human remains are subject to the moratorium and must be taken out of use immediately.
Documentation that an individual consented to the use of their remains for teaching or research (such as a last will and testament or proof of donation to an accredited body donation program) will be verified by Deputy Chancellor Nye and maintained by the Los Rios Community College District Office of the General Counsel.
If human remains or cultural items are visible in a classroom, display, exhibit, or other use area, then they are in use. To not be "in use" human remains and cultural items must be safely secured and stored according to the preferences of culturally affiliated or aboriginal land Tribes.
No, our local Tribes have asked that we do not move human remains and cultural items except for what is absolutely necessary to take them "out of use." This might mean covering display cases or putting items back into storage drawers in labs and classrooms. However, this does not mean packing remains into new containers and moving them to a different location on campus. Our local Tribes will be visiting our campuses as part of the NAGPRA repatriation process to examine and potentially move human remains and cultural items.
At the request of local Tribes and in the interest of clear communication, all communication with representatives of local Tribes, including communications relating to NAGPRA, should be directed to Deputy Chancellor Nye who will coordinate with our NAGPRA liaisons to document all communications with the Tribes as part of the NAGPRA repatriation process.
No, the Tribes have requested that faculty not be present as they examine human remains in our classrooms and labs to identify Native American human remains. This is a deeply spiritual and solemn task for the Tribes which also requires specific rituals. It would not be appropriate or culturally sensitive to have faculty or others present in the classrooms or labs. However, if the Tribes have questions, they will communicate with faculty through the appropriate channels after their visit.
The Vice Presidents of Instruction should have already contacted all of the affected departments to assess this need and make plans for replacing items that are needed for instruction. In many cases, the needed materials are synthetic, but in some cases real human remains are necessary. In these instances, the acquisition process will be through an approved vendor that ethically obtains these materials and documents consent. Currently, Anatomic Excellence is an approved vendor.
- All slides that include human bone should be taken out of use immediately. If it cannot be definitively determined if bone material is human or non-human, then the slide should be taken out of use.
- Slides that contain human tissue may continue to be used for the time being, but these slides will undergo some level of review in the future, and they may eventually need to be pulled from use.
- The process for reviewing human tissue slides in Los Rios is not clearly defined at this point, so there will be additional discussion and guidance on this topic.
- To aid in the review of slides, please collect any information you have on when/where slides were obtained (including the name of the company/supplier).
The district has set aside resources to cover the costs of replacement materials. Area deans and vice presidents of instruction will assist with this process. All requests for ordering human remains must be approved by the Vice President of Instruction in consultation with Deputy Chancellor Nye.
With the focus on meeting student learning outcomes and providing high-quality instruction, when possible colleges should order plastic/synthetic materials instead of human remains.
Departments affected by the moratorium may replace items that have been taken out of use. However, departments should not augment their course materials or order materials beyond those that are being taken out of use due to the moratorium.