Identifying Cultural Affiliation

A museum or Federal agency must identify all Native American human remains and associated funerary objects in its holding or collection by preparing a simple itemized list that is comprehensive and covers all of its holdings or collections (Step 1) and by initiating and conducting consultation with any lineal descendant or any Indian Tribe or Native Hawaiian organization with potential cultural affiliation (Steps 2 and 3).

What determinations must be made?

In Step 4, after consultation, the museum or Federal agency must make determinations for all human remains and associated funerary objects in its holding or collection. Based on information available and the results of consultation, a museum or Federal agency must make a determination identifying ONE of the following:

(A) A known lineal descendant (whose name may be withheld);

(B) The Indian Tribe or Native Hawaiian organization with cultural affiliation that is clearly identified by the information available about the human remains or associated funerary objects;

(C) The Indian Tribe or Native Hawaiian organization with cultural affiliation that is reasonably identified by the geographical location or acquisition history of the human remains or associated funerary objects; or

(D) No lineal descendant or any Indian Tribe or Native Hawaiian organization with cultural affiliation can be clearly or reasonably identified. The inventory must briefly describe the information considered and the criteria identified to explain how the determination was made.

What are the steps for determining cultural affiliation?

Cultural affiliation must be determined by the information available, including information provided by an Indian Tribe or Native Hawaiian organization. Cultural affiliation does not require exhaustive studies, additional research, or continuity through time. Cultural affiliation is not precluded solely because of reasonable gaps in the information available.

Step 1: Collect information available. This should include records, catalogues, relevant studies, and other pertinent data. Additional information may be provided by an Indian Tribe or Native Hawaiian organization.

Step 2: Identify the required criteria. Using the information available, identify:

1. One or more earlier groups connected to the human remains or cultural items;
2. One or more Indian Tribes or Native Hawaiian organizations; and
3. A relationship of shared group identity between the earlier group and the Indian Tribe or Native Hawaiian organization that can be reasonably traced through time.

Step 3: Make a determination of cultural affiliation. Make a written record that identifies one of the following:

1. Cultural affiliation is identified clearly by the information available,
2. Cultural affiliation is identified reasonably by the geographical location or acquisition history, or
3. Cultural affiliation cannot be clearly or reasonably identified.

What is a certain type of information is missing or unavailable?

A lack of any type of information does not preclude a determination of cultural affiliation. One type of information may be used to determine cultural affiliation when no other relevant information is available. For example, geographical information about human remains or cultural items may identify all three of the required criteria for cultural affiliation.

Can cultural affiliation be identified with more than one Indian Tribe or Native Hawaiian organization?

Yes. For example, an identifiable earlier group may have a relationship to more than one Indian Tribe or Native Hawaiian organization, or two or more earlier groups may be connected to human remains or cultural items and a relationship may be reasonably traced to two or more Indian Tribes or Native Hawaiian organizations that do not themselves have a shared group identity. In Hawai`i, two or more Native Hawaiian organizations may be part of the same Native Hawaiian Community, but may have distinct beliefs, protocols, and other cultural practices passed down through different familial, cultural, and geographical lineages.

What happens after a determination of cultural affiliation is made for human remains or associated funerary objects?

In Step 5, no later than six months after completing Step 4, a museum or Federal agency must submit a notice of inventory completion for all human remains or associated funerary objects. The notice of inventory completion is published in the Federal Register and, after publication, any lineal descendant, Indian Tribe, or Native Hawaiian organization may request repatriation of the human remains or associated funerary objects.

Legislative Intent for Cultural Affiliation

US House Report, 101-877, Oct. 15, 1990 
"In the definition of 'cultural affiliation' the requirement that a tribe show a 'shared group identity which can be reasonably traced historically or prehistorically' is intended to ensure that the claimant has a reasonable connection with the materials. Where human remains and associated funerary objects are concerned, the committee is aware that it may be extremely difficult, in many instances, for claimants to trace an item from modern Indian tribes to prehistoric remains without some reasonable gaps in the historic or prehistoric record. In such instances, a finding of cultural affiliation should be based upon an overall evaluation of the totality of the circumstances and evidence pertaining to the connection between the claimant and the material being claimed and should not be precluded solely because of some gaps in the record."

US Senate Report 101-473, Sept. 26, 1990 
"The Committee intends that the 'cultural affiliation'of an Indian tribe to Native American human remains or objects shall be established by a simple preponderance of the evidence. Claimants do not have to establish 'cultural affiliation' with scientific certainty....The requirement of continuity between present day Indian tribes and materials from historic or prehistoric Indian tribes is intended to ensure that the claimant has a reasonable connection with the materials...The Committee also recognizes that there are a significant number of Native American human remains, funerary objects and sacred objects for which the cultural affiliation may not be readily ascertainable. The Committee does not intend this Act to require museums or Federal agencies to conduct exhaustive studies and additional scientific research to conclusively determine the cultural affiliation of human remains or objects within their collections."