Repatriation

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. Jim and his team have been assisting with identifying ancestors’ remains, as well as cultural items, for nearly three months.

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. They are being stored in more than 200 boxes in a secure location on UND’s campus. The exact number of ancestors is unknown but is thought to be in the dozens. UND will hire a cultural resources manager with a Native American-owned business 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 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, 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. Our Repatriation Committee has been working 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.

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.

One use of these items was for the purpose of academic study in anthropology and related fields. Scholars studied objects to learn more about the people from which they came.

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. It’s unclear where those items are located, or even if they remain on the campus. 

The remains of additional ancestors were brought to UND by subsequent anthropological and archaeological digs in the 1960s, ’70s and ’80s. One item was donated to the University in 2007.

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. 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, making it difficult to trace how they came to be in the University’s possession.

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 NAGPRA Program. However, there are a number of steps that UND needs to complete before members of the NAGPRA Program become more involved. Consequently, UND is working with tribal representatives and other trained professionals to create an inventory of ancestors and sacred items on its campus. Once this inventory is complete, members of the NAGPRA program will become involved. 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.

Update Jan. 30, 2023: In addition, UND has also announced the position of, and is now interviewing for, a NAGPRA Compliance Liaison. When hired, this individual will work from the Office of the President and will function as a program manager on UND’s compliance with NAGPRA law, as well as be a primary point of contact for all our tribal partners.