Smithsonian Institution:
Much Work Still Needed to Identify and Repatriate Indian Human Remains and Objects
GAO-11-515, May 25, 2011
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The National Museum of the American Indian Act of 1989 (NMAI Act), as amended in 1996, generally requires the Smithsonian Institution to inventory and identify the origins of its Indian human remains and objects placed with them (funerary objects) and repatriate them to culturally affiliated Indian tribes upon request. It also creates a special committee to oversee this process. According to the Smithsonian, two of its museums--the American Indian and the Natural History Museums-- have items that are subject to the act. GAO was asked to determine (1) the extent to which the Smithsonian has fulfilled its repatriation requirements, (2) how the special committee provisions have been implemented, and (3) the number of human remains and objects that have been repatriated and reasons for any that have not. GAO reviewed museum records, including 171 repatriation case reports, and interviewed Smithsonian, Repatriation Review Committee, and tribal officials.
Since the NMAI Act was enacted, in 1989, more than 21 years ago, the Smithsonian has offered to repatriate over 5,000 human remains, which account for approximately one-third of the total estimated human remains in its collections. The Smithsonian has also offered to repatriate over 212,000 funerary objects, but the extent of progress is unknown because the Smithsonian has no reliable estimate of the total number of such objects in its collections. The Smithsonian generally makes repatriation decisions based on detailed case reports, and had completed 171 case reports as of December 31, 2010. Developing these case reports is a lengthy and resource-intensive process, in part because the NMAI Act generally requires the Smithsonian to use the best available scientific and historical documentation to identify the origins of its Indian human remains and funerary objects. The Smithsonian originally estimated that the repatriation process would take about 5 years; however, at the pace that it is progressing, GAO believes it could take several more decades to complete this process. In response to the special committee requirements of the NMAI Act, the Smithsonian established a Repatriation Review Committee to monitor and review the Natural History Museum's repatriation activities. Although the Smithsonian believes Congress intended to limit the committee's jurisdiction to the Natural History Museum, the statutory language and its legislative history do not support that view. Since it was established, the committee has provided no oversight over the repatriation activities of the American Indian Museum. In addition, GAO found that neither the Smithsonian nor the committee has provided regular information to Congress on the repatriation progress at the Smithsonian. Although this reporting is not required by the act, given the length of time this process has taken and is expected to take in the future, policymakers do not have information that would keep them apprised of the Smithsonian's repatriation efforts. The committee also hears disputes concerning decisions over the return of human remains and objects, but it does not make binding decisions. Moreover, the Smithsonian has no independent administrative appeals process by which tribes who would like to challenge a repatriation decision can seek recourse, and judicial review of the Smithsonian's repatriation decisions may not be practical. Through December 31, 2010, the Smithsonian estimates that, of the items it has offered for repatriation, about three-quarters of the Indian human remains (4,330 out of 5,980) and about half of the funerary objects (99,550 out of 212,220) have been repatriated. The remaining items have not been repatriated for various reasons, including tribes' lack of resources and cultural beliefs. Resources needed include staff to work on repatriations and appropriate locations to rebury or house the items. In addition, the Smithsonian has not repatriated approximately 340 human remains and 310 funerary objects because it has determined that they cannot be culturally affiliated with a tribe, and it does not have a policy on the disposition of these items. The lack of such a policy limits the transparency of the Smithsonian's actions in handling culturally unidentifiable items for both tribes and policymakers. GAO suggests that Congress may wish to consider ways to expedite the Smithsonian's repatriation process, and recommends that the Smithsonian take actions to expand the oversight and reporting role of the special committee, establish an administrative appeals process, and develop a policy for the disposition of culturally unidentifiable items. The Smithsonian agreed with GAO's findings and recommendations.
Status Legend:
- Review Pending
- Open
- Closed - implemented
- Closed - not implemented
Recommendations for Executive Action
Recommendation: Smithsonian Institution's Board of Regents should establish an independent administrative appeals process for Indian tribes and Native Hawaiian organizations to appeal decisions to either the Board of Regents or another entity that can make binding decisions for the Smithsonian Institution to provide tribes with an opportunity to appeal cultural affiliation and repatriation decisions made by the Secretary and the Board of Trustees.
Agency Affected: Smithsonian Institution: Board of Regents
Status: Open
Comments: In July 2011, the Smithsonian reported that it was considering alternative ways in which tribes may appeal cultural affiliation and repatriation decisions made by the Secretary and the American Indian Museum Board of Trustees. The Smithsonian added that it had considered GAO's proposal that the Smithsonian's Board of Regents serve as the appellate body, but concluded that it would be inconsistent with the role of the Board of Regents to participate in managerial and operational issues arising from repatriation activities. In June 2012, the Smithsonian said that both the American Indian and Natural History Museums had drafted revised repatriation policies to provide clear guidance on the appeal process with respect to any disputed claim.
Recommendation: Smithsonian Institution's Board of Regents, through the Secretary, should direct the Review Committee to report annually to Congress on the Smithsonian's implementation of its repatriation requirements in the NMAI Act to provide Congress with information on the Smithsonian's repatriation activities.
Agency Affected: Smithsonian Institution: Board of Regents
Status: Open
Comments: In July 2011, the Smithsonian reported that the Secretary of the Smithsonian had directed the Natural History and American Indian Museums to work together to produce an annual report on Smithsonian repatriation activities. In June 2012, the Smithsonian reported that it had prepared an annual report of its repatriation activities for calendar year 2011 and that it would submit the report to Congress, with a copy provided to GAO by July 31, 2012.
Recommendation: Smithsonian Institution's Board of Regents should direct the Secretary of the Smithsonian to expand the Review Committee's jurisdiction to include the American Indian Museum, as required by the NMAI Act, to improve oversight of Smithsonian repatriation activities. With this expanded role for the Review Committee, the Board of Regents and the Secretary should also consider where the most appropriate location for the Review Committee should be within the Smithsonian's organizational structure.
Agency Affected: Smithsonian Institution: Board of Regents
Status: Open
Comments: In July 2011, the Smithsonian reiterated its disagreement with GAO's conclusion that the NMAI Act requires the Review Committee to exercise jurisdiction over the American Indian Museum's repatriation activities. However, the Smithsonian did recognize that improved coordination, consultation and communication between Natural History and American Indian Museums with regard to repatriation activities may result in an expanded role for the Review Committee as an additional resource for the American Indian Museum Board of Trustees. In June 2012, the Smithsonian said that the American Indian Museum Board of Trustees may seek the advice of the Review Committee with respect to any disputed claim or repatriation-related matter. Also, it said that the American Indian Museum , with tribal permission, will also share with the Review Committee copies of all final reports addressing American Indian Museum repatriations, stating that such information-sharing will provide the committee with a much more robust picture of repatriation activities across the Smithsonian and provide an opportunity for better integration of the committee within both museums.
Recommendation: Smithsonian Institution's Board of Regents should direct the Secretary and the American Indian Museum's Board of Trustees to develop policies for the Natural History and American Indian Museums for the handling of items in their collections that cannot be culturally affiliated to provide for a clear and transparent repatriation process.
Agency Affected: Smithsonian Institution: Board of Regents
Status: Open
Comments: In July 2011, the Smithsonian reported that the American Indian Museum Board of Trustees recently directed the American Indian Museum's management to prepare a draft policy on unaffiliated items to submit to tribes for comment. The Smithsonian said that the Natural History Museum maintains that, under the standard set forth in the NMAI Act that requires use of the best available scientific and historical documentation to affiliate remains with the correct cultural group, all items in the museum's collection either are affiliated with or, with additional scientific research and technological developments, may be affiliated with tribes. It further said that the Natural History Museum does not consider any of the Native items in its collections permanently to be culturally unidentifiable and that at such time as items are determined to be unidentifiable, it will look to the American Indian Museum policy and other applicable policies to develop a policy on culturally unidentifiable Native items. In June 2012, the Smithsonian reported that both the American Indian and Natural History Museums had begun the process of issuing policies on culturally unidentifiable human remains and other cultural objects. It said that the American Indian Museum had solicited tribal input for its draft policy over the past several months and reported results to the American Indian Museum Board of Trustees and that staff would report back to the Board on additional consultation activities and a draft policy within the next six months. Further, the Smithsonian said that the Natural History Museum had drafted a statement on culturally unaffiliated human remains and funerary objects and discussed it internally, as well as sharing it with Review Committee for review and comment. It said the museum expected the final statement to be made publicly available by the end of the summer 2012.
Matter for Congressional Consideration
Matter: Congress may wish to consider ways to expedite the Smithsonian's repatriation process including, but not limited to, directing the Smithsonian to make cultural affiliation determinations as efficiently and effectively as possible.
Status: Open
Comments: As of May 2012, Congress had not taken action to implement this matter.