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TO:    MICHAEL BROWN, PROVOST, UCOP
                   FROM:   BENJAMIN PORTER, DIRECTOR, HEARST MUSEUM, UC BERKELEY
                   SUBJ.:  SUMMARY OF NAGPRA ACTIVITIES FOR REGENTS MEETING
                   DATE:  SEPTEMBER 10, 2018
                   CC:    WENDY STREITZ, EXEC. DIRECTOR, RESEARCH POLICY ANALYSIS & COORDINATION, UCOP



                   INTRODUCTION
                   In response to a September 5, 2018 request by the University of California Office of the
                   President’s (UCOP) Office of Research Policy Analysis & Coordination, the Phoebe A. Hearst
                   Museum of Anthropology (Hearst Museum) is pleased to provide this summary of its Native
                   American Graves Protection and Repatriation Act (NAGPRA) activities since 2016, as well as
                   additional, contextual information. It is the Museum’s hope and understanding that this
                   document will help to inform a discussion item at the upcoming September 26-27 Regents
                   Meeting. The Museum stands ready to respond to any additional questions that may arise.


                   BACKGROUND
                   The Phoebe A. Hearst Museum of Anthropology cares for one of the largest NAGPRA-implicated
                   collections of Native American human remains and cultural items in the United States. Because
                   of the scope, size, and age of its collections, the Hearst Museum is unique within the UC system,
                   and its repatriation operations much more closely align with peer institutions such the American
                   Museum of Natural History, Field Museum, Harvard Peabody, and—though different legislation
                   applies—the Smithsonian’s National Museum of Natural History, than with other UC campuses.

                   UC Berkeley is a 150-year-old campus, and for many decades served as California’s only major
                   collecting institution. Berkeley’s unique position was solidified when its Department of
                   Anthropology established the University of California Archaeological Survey. Operating from
                   1948 – 1961, the UCAS carried out site reconnaissance and excavations across the state—often
                   on contract from federal agencies in advance of major reclamation and infrastructure projects
                   to identify or collect what archaeological resources could be saved. The majority of those
                   materials were sent to the Hearst Museum, including those from state and federal land, for
                   which the Hearst Museum functioned as a repository. By contrast, other UC campuses have
                   cared for smaller, more localized collections, often originated from their surrounding regions.
                   UCLA’s relatively small collection, for instance, was mostly derived from Southern California. UC
                   Berkeley’s affiliation determinations are similar to UCLA’s for human remains and associated
                   funerary objects from those locales. Many of the human remains and associated funerary
                   objects in UC Berkeley’s care were collected from the aboriginal territories of federally
                   unrecognized tribes.

                   The Hearst Museum was one of several large institutions to be granted a period of forbearance
                   in which to file its NAGPRA inventories. Following a Department of Interior-enforced timeline,
                   UC Berkeley completed its affirmative NAGPRA inventory consultation and reporting obligations
                   in 2000 (notwithstanding, per 43 CFR 10.13, the potential future reporting of newly discovered
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