Repatriation FAQ's

In order to repatriate ancestral remains and their belongings, UND is obligated by NAGPRA law to follow a specific process.

This process includes providing an itemized inventory of all ancestors and their belongings to tribal representatives and lineal descendants who may be affiliated with these ancestors, engaging in ongoing consultation to make identifications, and then to submitting a formal document, known as a “Notice of Inventory Completion” (NIC), for publication in the Federal Register. The Federal Register is the official journal of the United States federal government.

The notice is required to follow a specific template and use legal terminology. It also must include, among other information, an overview of how the institution came into possession of the listed ancestors and/or their belongings.

During the 30-day period after the publication of UND’s notice(s) in the Federal Register, tribal historic preservation officers and lineal descendants may submit written claims for ancestors and their belongings. If there are competing claims, UND will work with those tribal nations or lineal descendants to resolve the situation.

The NIC publicly announces that the ancestors and their belongings in question are available for repatriation and that UND is accepting claims. After the 30-day period or once any competing claims are resolved, the ancestors and their belongings can be repatriated after a “Repatriation Statement” is completed, which relinquishes possession or control of the ancestors and their belongings to the requestor(s).

The Repatriation Statements are also filed with the National NAGPRA Program. Detailed information on Federal Register notices and repatriations by UND are available at the National Park Service National NAGPRA site.

For holdings or collections subject to NAGPRA that are determined to be “unassociated funerary objects, sacred objects, or objects of cultural patrimony,” summaries are sent to all tribal nations that might be culturally or geographically affiliated with those objects, as well as submitted to the National NAGPRA Program.

When UND receives a written notice from a tribal nation or lineal descendant claiming an item or items, UND must then submit a “Notice of Intended Repatriation” (NIR) to the Federal Register.

This Notice (NIR) publicly announces that the object(s) in question will be repatriated unless a challenge or competing claim is sent to the institution. After the 30-day period, the object(s) can be repatriated after a “Repatriation Statement” is completed, which relinquishes possession or control of the unassociated funerary objects, sacred objects, or objects of cultural patrimony to the requestor(s).

The Repatriation Statements are also filed with the National NAGPRA Program. Detailed information on Federal Register notices and repatriations by UND are available at the National Park Service National NAGPRA site.

After discussing with our tribal partners, we have agreed that if there are competing claims the parties who have made the claims will discuss the situation without UND’s involvement.

If the parties with competing claims wish for UND to be involved, they will ask members of NAGPRA Compliance Committee to join the conversation so that we can figure out a resolution together.

Including the number of individual ancestors that an institution has “reasonably identified” is a requirement for a NAGPRA Notice of Inventory Completion. However, answering these questions requires careful consideration of several factors, as well as the expertise of trained human osteologists, because individuals need to be counted only once.

UND has calculated the number of ancestors in its Notices of Inventory Completion based on field notes, site reports, and other documentation, which can be used to show that burials were of single individuals, (meaning that the bones or bone fragments represent just one person) or which can reveal that the ancestral remains were found in a particular geographical location. In these cases, the number of individuals equals the number of graves documented and excavated.

A different counting system is needed when the ancestral remains are incomplete, disarticulated, or include the burial of more than one ancestor. In these cases, in addition to consulting the relevant documentation available, the human osteologist working with UND has determined the minimum number of individuals by counting the most common skeletal element and then factoring in the unique ages of the individuals represented.

Once all legal steps involved with NAGPRA have been completed, UND works with the tribal nation or lineal descendant to arrange for transfer at the tribal nation or lineal descendant’s convenience, UND is responsible for any expenses incurred. Once ancestors, their belongings, or cultural items are repatriated to a tribal nation or lineal descendant, UND’s involvement ends. Each sovereign nation or lineal descendant will proceed as they determine to be appropriate.

Whether or not ancestors, their belongings, or cultural items are claimed for repatriation is entirely the decision of tribal nations or lineal descendants. There are some tribal nations who do not engage in repatriation, as is their right as sovereign nations.

For ancestors and their belongings who have been reasonably identified as being culturally affiliated with a particular tribal nation, but who will not be repatriated to that nation, UND will consult with tribal representatives of that nation to request guidance. If none is forthcoming, UND will request guidance from our other tribal partners as to how to proceed so that the ancestors and their belongings can be respectfully reinterred in the most appropriate way.

If unassociated funerary objects, sacred objects, or possible items of cultural patrimony are not claimed by any tribal nation, UND will again consult with its tribal partners on how to proceed, while continuing to follow our current practices that have evolved during our repatriation process and the “duty of care” requirement specified in NAGPRA regulations.

Repatriation is the process used to return human remains – referred to in many Indigenous traditions as ancestors – funerary objects, sacred objects or objects of cultural patrimony to the tribal nations from which they originated. The process is governed by the federal Native American Graves Protection and Repatriation Act (NAGPRA), which was enacted in 1990.

The process requires federal agencies and institutions that receive federal funds, such as museums, universities and state agencies, to transfer human remains and cultural items to the relevant tribe.

The University is working with tribal representatives, professionals with training and expertise in repatriation, and the appropriate federal, state, local and/or tribal agencies to resolve this as quickly as possible. The University’s leadership is strongly committed to completing the repatriation process for the return of the ancestors and artifacts to their rightful tribal locations. This repatriation process could take two or three years or perhaps longer.

Update Jan. 30, 2023: UND has entered into a contractual agreement with Dirt Divers, a cultural resource management firm that assists organizations with repatriation and NAGPRA compliance. The business is owned by James (“Jim”) Jones, a citizen of the Leech Lake Band of Ojibwe in northern Minnesota.

Ancestors and cultural items are still in the process of being identified. They include the partial skeletal remains of dozens of ancestors. Other items include ceremonial pipes, drums, textiles, regalia, pottery, tools and other items related to village life.

Ancestors and artifacts were stored at various locations on the UND campus. UND has hired a Native American-owned cultural resource management firm to assist in the process and follow regulations for repatriation.

One challenge the University faces is obtaining a complete inventory, as required by NAGPRA. Many items discovered have been moved to a secure location on the UND campus where tribal representatives will work with other trained professionals to identify the ancestors and artifacts for proper repatriation.

UND is in contact with state and federal officials such as the U.S. Army Corps of Engineers, state archaeologists and state historic preservation officers (SHPOs), the directors of state historical societies.

The University’s intent is to comply with NAGPRA while being sensitive to the tribal communities and the wishes expressed by their leaders. UND will continue working directly with the multiple tribes that attach religious and cultural significance to the ancestors and objects being repatriated, building relationships and a sense of trust.

Although UND began work in January to make certain the University didn’t possess any items required for return to the tribes under NAGPRA, the process accelerated in February when a search for a missing sacred pipe was launched. This incident led to the discovery of ancestors and other artifacts stored in different locations on campus. Until then, UND was not aware it had ancestors in its possession.

In March 2022, UND President Andrew Armacost was informed that Indigenous ancestors were discovered in a building on campus. An ancestor could be in the form of a bone fragment, single bone or multiple bones. A search for other ancestors was initiated. Armacost and UND Provost Eric Link then authorized the search for a secure space to house the items discovered. Ceremonial smudging was done by Indigenous UND faculty before other tribal representatives arrived in March. Smudging and prayers also were undertaken by tribal representatives and spiritual leaders in these spaces in August. Smudging is the ceremonial burning of plants or a mixture of plants for purification, usually applied to spaces or physical bodies.

Armacost, a UND faculty member and a member of the UND Alumni Association & Foundation then made the initial contact with tribal representatives. The dialogue between the University and the tribes continues to this day.

In late August 2022, the University notified UND Indigenous faculty, staff, students, and alumni about the discovery of ancestors and Indigenous artifacts on campus. Shortly thereafter, the University made a general public announcement. One purpose for making a public announcement was to raise awareness across campus so that more people would be cognizant of the need to keep their eyes open, as the Repatriation Committee (officially known as the NAGPRA Compliance Committee) continued its work. Since then, we have found additional remains, among them at least one Indigenous ancestor who was in the care of the School of Medicine & Health Sciences (SMHS), within a collection of human skeletal remains used to teach anatomy. In fall 2022, our Repatriation Committee worked closely with the SMHS to bring all skeletal remains to our repatriation facility for examination by trained professionals, who will determine if there are additional Indigenous ancestors among them. By May 2024, these trained professionals determined that there were additional Indigenous ancestors among them. These ancestors will be included in UND’s Notice of Inventory Completion so that they can be repatriated.

In a campus video message on November 2, 2022, Dr. Joshua Wynne, UND vice president for health affairs and dean of the SMHS, vowed moving forward that his institution would no longer use any human specimens of unknown origin in medical teaching and research. In December 2023, a committee comprised of SMHS administrators and faculty, along with members of the Repatriation Committee began drafting policies in line with Dean Wynne’s statement.

One use of these items was for the purpose of academic study in fields such as anthropology, biology, medicine, and other fields.

The first instance of tribal artifacts being brought to UND goes back to the University’s inception. In a 1906 academic paper, Henry Montgomery, the first UND faculty member, wrote about “Remains of Prehistoric Man in the Dakotas.” After conducting excavations, Montgomery came into the possession of cultural items, as well as the remains of ancestors.

The remains of additional ancestors were primarily brought to UND by subsequent anthropological and archaeological digs from the 1900s-1980s.

At this time, the total cost of UND’s repatriation effort cannot be estimated. The University is currently working with consultants to determine the time and resources needed to meet NAGPRA regulations. The University is committed to taking the proper course of action to repatriate all ancestors and artifacts in its possession in a respectful and culturally appropriate manner.

UND is not facing legal action. The University is acting with the greatest sense of urgency to enable repatriation to move forward as quickly as possible, bringing in outside experts to assist in this effort.

The University is working with multiple tribes that attach religious and cultural significance to the area, the appropriate federal agencies, and the North Dakota State Historical Society, as well as the states of Minnesota, South Dakota and Montana, to resolve this process as quickly as possible. The University’s leadership remains committed to completing the repatriation process for the return of the ancestors and artifacts to their rightful tribal locations.

As UND goes through the steps toward NAGPRA compliance and gathers the necessary information and documentation to complete its inventory, it expects to find information to better answer this question, which will be included in its Notices of Inventory Completion. But the University also acknowledges that this might not be possible because some of those involved are no longer living, while others either don’t possess detailed information or are employed elsewhere. Completing this process will require a committed team that includes cultural resource management expertise, a supportive administration, time and dedicated financial resources to assure NAGPRA compliance.

Speculating on what previous administrations knew and why certain actions were taken or not taken doesn’t advance the repatriation process. At this moment, UND is focused on correcting past missteps by engaging in the hard work necessary for repatriation to occur. The University is working with the tribes and the state and federal agencies involved as it moves forward to handle the matter in a dignified and respectful manner, as the tribes have requested.

How the situation began and how it evolved is complicated because it dates to 1883, the founding of the University, when the excavation of human remains and artifacts from Native American burial sites was common practice for early archaeologists. Decades have passed since these items arrived, sometimes making it difficult to trace how they came to be in the University’s possession. When the information is available, a brief summary is included in the Notices of Inventory Completion as required by law.

This is a decision UND cannot make on its own. It must be approved by the North Dakota University System in conjunction with the North Dakota Legislature. Currently, UND offers scholarships for Native American residents, as approved by the state Legislature.

As the repatriation process continues, UND will share updated information regularly on its repatriation website and with tribal officials. It also will hold meetings with the campus Indigenous community to keep its members informed. The University recognizes the seriousness of what has occurred and is thoroughly committed to compassionately addressing the concerns of Indigenous people affected on our campus and throughout the region.

Yes, UND has been in contact with the National NAGPRA Program whenever it has completed a summary, a Notice of Inventory Completion, or when it has questions about how to complete the various steps required by law. Throughout this process, UND also continues to work with tribal representatives and other trained professionals to create an inventory of ancestors and sacred items on its campus. Whenever ancestors, artifacts or other items from an archaeological site are found on campus, the proper state archaeologist for the item’s original location will be contacted. Site reports will be used to determine if the site is on federal land. The archaeologist or cultural resource manager for the federal agency of the correct district office then will be contacted.