Lauhala basket for iwi reinternment. © Elyse Butler & Matt Mallams

Native American Graves Protection and Repatriation Act

Protecting Iwi Kupuna and Moepu in Hawai'i

BIBLIOGRAPHY RESEARCH PLAN

Jill Sommer

May 7, 2015

LIS 601 - Spring 2015

Professor Irvin

“Hala i ke ala ho`i `ole mai”

Gone on the road from which there is no returning

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Contents Native American Graves Protection and Repatriation Act ................................................ 1

INTRODUCTION ............................................................................................................................... 3

Audience ..................................................................................................................................... 5

Citation Style ............................................................................................................................... 5

SEARCH STRATEGY .......................................................................................................................... 5

SEARCH TERMS: .......................................................................................................................... 5

Subject Headings (LCSH): ........................................................................................................ 6

Call Numbers: .......................................................................................................................... 6

Main NL Search Strings ........................................................................................................... 6

SEARCH PROCESS: ....................................................................................................................... 7

OPAC: Hawai’i Voyager .......................................................................................................... 7

Databases and Indexes: .......................................................................................................... 7

Web Resources: .................................................................................................................... 11

ANNOTATED BIBLIOGRAPHY ......................................................................................................... 11

TOPIC: NAGPRA Law and Review .............................................................................................. 11

Sub-topic 1: Cultural Items in Museums and Institutions ........................................................ 12

Sub-topic 2: Cultural Items on Federal Land and DHHL ........................................................... 13

CONCLUSION: ................................................................................................................................ 14

BIBLIOGRAPHY .............................................................................................................................. 16

APPENDIX – SEARCH TERMS RELEVANCY CHARTS: ...................................................................... 19

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INTRODUCTION

The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, (Public Law No. 101-601) as amended [25 U.S.C. 3001–3013], addresses the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to Native American cultural items. Native American cultural items include human remains, funerary objects (either associated or unassociated), sacred objects, and objects of cultural patrimony. NAGPRA requires Federal agencies, museums and institutions receiving Federal funding to identify Native Hawaiian cultural items under their control and provides lineal descendants and Native Hawaiian Organizations (NHOs) a process for repatriating cultural items. NAGPRA also establishes mandates and process for situations where cultural items are discovered on Federal land (Chari and Lavallee, 2013).

Although Native Hawaiians1 are not formally recognized as Native Americans, for purposes of NAGPRA, Native Hawaiians are granted a degree of Native American status, with NHOs given legal authorities comparable to Indian tribes. Some Native Hawaiians have expressed discontent with being classified as “Native American” for any purpose, which highlights additional responsibility for Federal Agencies to be sensitive and considerate in consultation. For this reason, I have substituted “Native Hawaiian” for “Native American” wherever possible throughout this plan. However in search strategies, “Native American” still must be used.

The Office of Hawaiian Affairs and Hui Malama I Na Kupuna O Hawai`i Nei are specifically named as NHOs eligible to conduct repatriation of cultural items and to participate in consultation relating to the treatment of inadvertently discovered iwi kapuna (ancestral skeletal remains), moepu (funerary objects), and other cultural items on Federal land. Because Native Hawaiians and NHOs are not structurally comparable to Native American tribes, or under unified agreement, Federal agencies in Hawaii and NHOs find the law complex and difficult to navigate. Due to the complicated nature of NAGPRA, and its coverage of several subject areas, this plan addresses the overall NAGPRA legislation, Hawaii Case Studies and two sub-topics pertaining to the administration of NAGPRA:

1. Museums or Institutions with Cultural Property Collections Subject to NAGPRA 2. Cultural Property (Subject to NAGPRA) residing on Federal Land

Additionally, I designed a flow chart to help users identify the two administrative tracks and sections of the law that applies to their particular inquiry (Figure 1). Museums and Institutions that have collections under their control will be guided by the left track of the chart. Cultural Resources projects or discoveries on Federal land after the enactment of NAGPRA, November 16th, 1990, shall reference the right track.

1 Native Hawaiian is defined in NAGPRA as any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.

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Figure 1. Flow Chart Designating the Sections of NAGPRA that Cover Collections versus Inadvertent Discoveries. ©Jill Sommer

NAGPRA43 CFR Part 10

Covers

Native Hawaiian:• Human remains• Associated funerary objects• Unassociated funerary objects• Objects of Cultural Patrimony• Sacred Objects

In Collections with• Federal Agencies• Museums

43 CFR10.810.910.1010.1110.13

Section 5- InventorySection 6- SummarySection 7- Repaitriations

Excavated or Discoveredon Federal Land

(after November 16th, 1990)

43 CFR10.310.410.510.610.7

Section 3- Ownership

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Audience

My professional position, managing cultural resources collections under contract with a Federal Agency, requires me to be familiar with all Federal legislation pertaining to Native Hawaiians. Recent events have elevated the requirement of all of our staff to become proficient specifically in NAGPRA.

This bibliography plan aims to provide cultural resources management staff and researchers with structured guidelines that will assist them in studying NAGPRA. It will discuss several searchable databases, sharing what were discovered to be the most beneficial search terms and strategies for each database. I will also provide case studies to help guide staff implementing NAGPRA understand the various issues associated with repatriation and Native Hawaiian burial protection.

Citation Style

The citations in this bibliography plan follow the style of A Manual for Writers of Term Papers, Theses, and Dissertations (Turabian, Grossman, and Bennett, 1996).

SEARCH STRATEGY

SEARCH TERMS:

I searched general call numbers in The Whole Library Handbook to find Class KF is Law of the United States (Eberhart, 2006). I then browsed KF in the Reference Section of Hamilton Library and found two good resources for a brief synopsis of NAGPRA related to American Indian Law. The Encyclopedia of Native American Legal Tradition has a one page NAGPRA article, which also has a bibliography (Olson, 262). The article’s author co-authored the second book I located: Encyclopedia of American Indian Civil Rights (Olson, 1997).

I began by developing a list of keywords, natural language (NL), which would help my exploration for controlled vocabulary (CV) in resources and also be used to form Boolean searches.

• Nagpra • American Indian Law • Native Hawaiian Burial Protection • disinterment • grave protection • grave goods

• repatriation • iwi • human remains • cultural remains • cultural property protection • archeology (law or studies

Subject Headings (LCSH):

After preliminary research on NAGPRA, I found that resources were classified under a huge range of Library of Congress Subject Headings (LCSH). I compiled a list of over twenty headings and then went to the Library of Congress website, where using the Library of Congress Authorities database, I searched on each subject heading. This process allowed me to not only check the validity of the heading but to get an idea of how useful each might be in retrieving results. I did find that my process had some flaws and that there were some issues with this authority database. Additionally, Authority Records were not available for subject subdivisions individually, LCSH subject headings combined with certain subdivisions, and subjects established in some thesauri but not in LCSH.

I selected five LCSH to be CV:

UNITED STATES. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT HUMAN REMAINS (ARCHAEOLOGY) -- LAW AND LEGISLATION -- UNITED STATES MUSEUMS--LAW AND LEGISLATION--UNITED STATES CULTURAL PROPERTY--REPATRIATION--UNITED STATES INDIANS OF NORTH AMERICA--LEGAL STATUS, LAWS, ETC

Alternative Subject Headings INDIGENOUS PEOPLES--LEGAL STATUS, LAWS, ETC.--UNITED STATES HUMAN REMAINS (ARCHAEOLOGY) -- REPATRIATION -- LAW AND LEGISLATION -- UNITED STATES. CULTURAL PROPERTY—PROTECTION BURIAL LAWS--UNITED STATES NATIVE AMERICANS -- LAWS, REGULATIONS AND RULES

Call Numbers:

Call Numbers Library of Congress Classification

AM111-160 GENERAL WORKS -- Museums. Collectors and collecting -- Museology. Museum methods, technique, etc.

CC1-960 Auxiliary Sciences of History-- Archaeology E75-99 History: America-- Indians of North America KF1-9827 Law--Federal law. KFH1-599 Law--Federal law-- Hawaii KF8220 Law--Federal law-- American Indian law

Main NL Search Strings

nagpra nagpra AND hawaii

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“american indian law” AND “human remains” AND Hawaii (Hawaii often omitted after results limited returns or returns picked up the term in any field.) “native hawaiian” AND “burial protection” archaeology AND law AND “cultural property”

SEARCH PROCESS:

Key

NL= Natural Language CV= Controlled Vocabulary SH= Subject Heading SU= Subject Terms GE= Geographic Term

KW= Keyword HR=Highly Relevant U= Useful NR= Not Relevant

OPAC: Hawai’i Voyager

Using Voyager, I searched under Subjects for my CV and NL terms. The two HR CV terms were UNITED STATES. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT and CULTURAL PROPERTY--REPATRIATION--UNITED STATES; however, both of these searches produced almost identical results. The other subject headings were useful.

Even though INDIANS OF NORTH AMERICA--LEGAL STATUS, LAWS, ETC yielded 563 results; the amount of NAGPRA items were not significant or not easily discerned among the mass return. Although, this SH is an excellent term for researching general Native American law and how they interconnect. An attempt to narrow down this SH did not produce adequate results.

I had to remove “AND hawaii” from NL searches because it limited the results too much. “nagpra,” and Archaeology AND law AND “cultural property” proved to bring good results. “native hawaiian” AND “burial protection” only yielded 3 results but they were all relevant and all highly applicable. “american indian law” AND “human remains” was useful but not as relevant.

Sample Source:

Biggs, Patricia Allyn. Tangled Truths The Power of Worldviews, Memories, and Material Interests in NAGPRA Disputes, 1990-2010. Thesis (Ph. D.)--Arizona State University, 2011, 2011. (KF4306.R4 B54 2011a)

Databases and Indexes:

Hawaii Pacific Journal Index

I used this citation index because it covers about 140 journals published in or about Hawaii and the Pacific. Additionally, all titles indexed are held in the print collections of Hamilton Library's

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Hawaiian and Pacific Collections. This index does not allow subject searches; so I used the keyword search option.

I found no HR searches; however a few terms did yield some useful results: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (CV), nagpra (NL), and “burial protection” (NL) gave anywhere from 3-10 results. Unfortunately several of the article links gave an error "There is no information available."

Sample Citation:

Lapilio, Lani Ma’a. “NAGPRA Issue Requires Input and Concurrence,” Wai ola o OHA 17, no. 4 (APR 2000): 11. (DU624.65 .W25)

Legal Collection

I choose this database because it offers information centered on the discipline of law and legal topics, including Federal Law. It contains full text for more than 250 of scholarly law journals.

Browsing and searching the legal Collection Subjects required me to abandon my original LCSH and research related SU. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT was not in the Subject thesauri; however, searching on the SH in the SU field did give me 3 NAGPRA-relevant results although not in the scope of this plan.

Subjects “CULTURAL POLICY”,” REPATRIATION OF CULTURAL PROPERTY”, and “REPATRIATION OF HUMAN REMAINS -- LAW & LEGISLATION” all ended up being false leads and pertained mostly to international law and foreign policy. I did locate 1 NAGPRA reference but it related to scientists petitioning to study remains and not within the scope of this plan. MUSEUMS -- LAW & LEGISLATION yielded a small number but some useful results.

NL searches were not prolific. Searches with nagpra (NL) in any field or nagpra (NL) AND HAWAIIANS (SH) were surprising false leads. Although “nagpra” yielded 17 results they were focused on mainland American Indian tribal challenges, which are not in this scope.

Academic Search Premier I choose this database because it provides full text for over 3,000 scholarly publications covering a variety of academic areas but also social sciences, humanities, education, and ethnic studies. I mostly limited to “Full-text” and “Scholarly Reviewed”.

I found no HR searches; however a few terms did yield some useful results: UNITED STATES. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (CV), NATIVE AMERICANS -- LEGAL STATUS, LAWS, ETC. (SU) AND napgra (NL), and NATIVE AMERICANS -- LEGAL STATUS, LAWS, ETC. (SU). The majority of these results were focused on mainland American Indian tribal challenges, which are not in this scope. I did find an article that discussed the repatriation of a large collection of Native Hawaiian remains, which is the sample source below.

Sample Citation:

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Monge, Janet. "THE MORTON COLLECTION AND NAGPRA." Expedition 50, no. 3 (Winter2008 2008): 37. Academic Search Premier, EBSCOhost (accessed April 16, 2015).

MasterFILE Premier

I choose this database designed for public libraries, because it provides full text for 2,000 general periodicals. The only fairly useful search terms were “native american graves protection and repatriation act” (KW) and nagpra (NL); however, they did provide substantial works within the scope of this plan.

Sample Citation:

Johnson, Greg. "Ancestors before Us: Manifestations of Tradition in a Hawaiian Dispute." Journal of the American Academy of Religion 71, no. 2 (June 2003): 327. MasterFILE Premier, EBSCOhost (accessed April 18, 2015).

ProQuest Congressional I chose this index because it offers access to congressional publications including Bills & Laws (1987-Present). Using the authorized index terms, I searched on “NATIVE AMERICANS (SU) AND U.S. STATUTES (SU)” and also “MUSEUM AND AND U.S. STATUTES (SU)”, but was very surprised that NAGPRA did not come up, when other Public Law did display. The best CV search was “INDIANS (SU) AND LAW (SU) AND GRAVES (SU),” which yielded 823 results. The CV available in this index did not allow for further filtering of these results. Overall, I found a NL search on “nagpra” (NL) the most relevant to this scope.

Sample Citation:

Application of Native American Graves Protection and Repatriation Act in the state of Hawaii: hearing before the Committee on Indian Affairs, United States Senate, One Hundred Eighth Congress, second session, on oversight hearing to receive testimony on the application of the Native American GravesProtection and Repatriation Act in the state of Hawaii, December 8, 2004, Honolulu, HI. (Y 4.IN 2/11:S.HRG.108-768)

LLMC Digital This electronic collection of legal materials and government documents is the digital version of microfiche collections created by the Law Library Microform Consortium. I selected this database because it has decisions of federal executive branch agencies, court decisions, and Legislative Journals for 30 States Digitized Database, including Hawaii.

After several failed searches and no results, I did some investigation on the Law Library Microform Consortium website. There I discovered that the database only has Hawaii journals pre-NAGPRA and stop at 1984. This database is not a good resource for this plan; however, the results are included to stop other researchers that might view this database as promising from searches that are false leads.

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JSTOR I chose these collections because the database provides full-text journal backfiles in various subject areas, including Anthropology. I was disappointed that JSTOR did not offer a Controlled Vocabulary index or the option to search on SHs or SUs. I was still able to generate HR results using NL and found the following searches must helpful: “native american graves protection and repatriation act AND hawai*” (NL), ["human remains" AND hawai* AND law] (NL), and “nagpra AND hawai*” (NL).

Sample Citation:

Watkins, Joe. “Taking an Account of NAGPRA: Review of the Government Accounting Office's Report GAO-10-768.” American Anthropologist 113, No. 2 (JUNE 2011): 348-349, doi: http://www.jstor.org/stable/41407437

LexisNexis Academic I did some searching at the Law library, because my topic is NAGPRA, and found that their databases, WestlawNext, Lexis Advance, and Bloomberg Law can only be accessed by Law students. They do have LexisNexis Academic, which has federal and state legal materials and can be searched from their terminals without logging in. This database doesn't allow you to search on subject headings specifically and I found it difficult to navigate and non-intuitive controlled vocabulary. However, I was able to find some interesting cases.

Using the LexisNexis index, I came up with the following search string: “MUSEUMS & GALLERIES [CV] AND NATIVE AMERICANS [CV] AND INDIGENOUS PEOPLES LAW [CV]”. I didn’t get many results with this search but found a few related cases. In one, defendant United States Army seized human remains under NAGPRA, Pub. L. 101-601, 25 U.S.C.S. § 3001, et seq, and denied plaintiff scientists and religious group's request to study the remains. The scientists and religious group filed actions to stop the transfer of the remains under NAGPRA and to enforce their rights to study the remains. The court denied the United States and Army's motion for summary judgment, vacated the Army's prior decisions concerning the human remains, and remanded the matter to the Army for further proceedings. The court also denied the scientists and religious groups' motions for permission to study the remains while the action was pending, with leave to renew that request after the Army completed its investigation and reached a new decision (the sample citation case below).

I retrieved the greatest number and most relevant results using NL; however, the quantity of returns and the formatting of the database made it difficult to determine relevancy. There is a feature to limit search results to things like “Cases” or “Law Reviews”, and you can choose which court (US District, HI, Appeals, etc.).

Sample Citation:

969 F. Supp. 628; 1997 U.S. Dist. LEXIS 9323. Date Accessed: 2015/04/29. www.lexisnexis.com/hottopics/lnacademic. (969 F. Supp. 628, *1997 U.S. Dist. LEXIS 9323, **)

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Web Resources:

Google Scholar

I was most surprised by my inefficiency at searching the Google platform, because I am more at ease using NL search terms. It took some time to figure out how to narrow results effectively, and I still could have spent more time learning that craft. A big lesson was that Google Scholar uses a “-” for the “NOT” operator. Using the string “native hawaiian” AND “burial protection” (NL) yielded the most easily navigatable and HR results.

Sample Citation:

Chinn, Pauline W. U. 2014. "Educating for Science Literacy, Citizenship, and Sustainability: Learning from Native Hawaiian Perspectives".

Worldcat WorldCat is the online catalog for OCLC or the Online Computer Library Center which is a international consortium of over 50, 000 libraries. I had the most success using Advanced Search features and really appreciated the available limiters on the side to narrow down search results. This would be my preferred tool for searching. I had success using both LCSH and NL; but I found that my NL searches yielded a very small pool of results (average 10). I also had some fun finds that were related to NAGPRA summaries done on federal land in Hawaii.

Sample Citation:

Army Engineer District (St Louis, Mo.) Mandatory Center of Expertise for the Curation and Mgmt. of Archeological Col. An Archaeological Collection Summary for Fort Shafter, Hawaii. [United States]: Army Engineer District (St Louis, MO) Mandatory Center of Expertise for the Curation and Mgmt. of Archeological Col, 1996.

ANNOTATED BIBLIOGRAPHY

TOPIC: NAGPRA Law and Review

Chari, Sangita, and Jaime M. N. Lavallee. Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act. 2013. (e-book)

This book should be required reading in cultural resource management. The book covers the day-to-day reality of implementing NAGPRA. The diverse contributors reflect the viewpoints of tribes, Hawaiian, museums, federal agencies, attorneys, academics, and others invested in the act. Drawing on case studies, personal reflections, historical documents, and statistics, the volume examines NAGPRA and its grassroots, practical application throughout the United States. It includes bibliographical references and index.

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Marrufo, Meyo. "NAGPRA in Layman's Terms." News From Native California 16, no. 1 (Fall 2002): 38. Academic Search Premier, EBSCOhost (accessed April 15, 2015).

This news article provides information on the NAGPRA in non-legal terms and should be referenced for a basic overview of the components of the law. It covers cultural items protected under NAGPRA and repatriable under NAGPRA. Problems with the law, from California Indian tribal perspective, are also discussed.

National NAGPRA. “Resources for Federal Agencies.” Website. http://www.nps.gov/nagpra/AGENCIES/INDEX.HTM

This page helps Federal agencies navigate the process of completing inventories and summaries of Native Hawaiian cultural items in their collections, publish notices in the Federal Register, and repatriate Native Hawaiian human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants and culturally affiliated NHOs. Guidance is given for Federal agencies to consult with NHOS and outlines separate responsibilities when Native Hawaiian human remains and items are discovered on Federal land.

Office of Hawaiian Affairs, United States, and Native Hawaiian Historic Preservation Council. Native American Graves Protection and Repatriation Act (NAGPRA): Public Law 101-601, 101st Congress, November 16, 1990. Honolulu: The Office, 1994. (KF8210.A57 N385 1994)

This publication is a necessary resource to reference Public Law 101-601, 101st Congress that comprises NAGPRA. It includes the entire 43CFR10 statute for reference. The publication also includes a foreword and executive summary by Native Hawaiian Historic Preservation Council.

Sub-topic 1: Cultural Items2 in Museums and Institutions

“Balancing Authority and Responsibility: The Forbes Cave Collection, NAGPRA, Hawai'i.” 29 Hawaii L. Rev. 163. Date Accessed: 2015/04/25. www.lexisnexis.com/hottopics/lnacademic.

This case is a good reference for Native Hawaiian burial rituals and repatriation with conflicting claimants. Eddie Ayau, executive director of Hui Malama I Na Kupuna o Hawai'i Nei ("Hui Malama"), was jailed for contempt of court on December 27, 2005, for failing to obey an earlier order to provide the court with an inventory and the exact location of items loaned to Hui Malama by the Bishop Museum almost six years earlier. Initial questions about the validity of a claim to repatriate objects and the resolution of disputes amongst multiple claimants are left to be resolved amongst the claimants and the federal agency or museum that is in current possession of the objects themselves. The Committee found that: (1) the repatriation process used by the Museum for the Kawaihae Caves items was flawed and incomplete; (2) the place and manner for return of the items was not

2 As defined by NAGPRA: human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony [25 USC 3001 (3)].

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determined consistent with NAGPRA regulations; and (3) "the Bishop Museum was responsible for the completion of the repatriation process.

Johnson, Greg. "Ancestors before Us: Manifestations of Tradition in a Hawaiian Dispute." Journal of The American Academy Of Religion 71, no. 2 (June 2003): 327. MasterFILE Premier, EBSCOhost (accessed April 18, 2015).

This reference is a good case study on a dispute that was heard twice by the NAGPRA Review Committee. The article explores the dispute when Hawaiians sought repatriation under NAGPRA of a ki'i (Hawaiian object) that the Roger Williams Museum intended to sell. Hawaiians' claims are the focus of this discussion and covered linked aspects of cultural history to present conflicts concerning land issues and sovereignty.

Bird, Pemina Yellow. "NAGPRA AT TWENTY: A Report Card." Arizona State Law Journal 44, no. 2 (Summer 2012): 921-926. Legal Collection, EBSCOhost (accessed April 15, 2015).

In this article, the author presents her views on the impact of the NAGPRA on repatriation. As a member of three tribes, she has represented her people in matters related to the repatriation and reburial of ancestral remains and burial goods, as well as the protection of sacred and cultural places. Although not directly related to Native Hawaiians, the topics discussed include the role of NAGPRA on the dispute resolution for claims related to the protection of cultural property, laws enforcement for the regulation of burials and associated goods and laws made for the regulation of the museums.

Sub-topic 2: Cultural Items on Federal Land and DHHL

Cunningham, Richard B. Archaeology, Relics, and the Law. Durham, N.C.: Carolina Academic Press, 1999. (KF4310 .C86 2005)

This is a casebook that explores the law of archaeology. The law of human remains receives detailed coverage, including the common law and statutory rules that governed treatment of bodies, manner of burial, the creation and protection of graves and cemeteries, and the law of disinterment and repatriation. This examination of recent developments under the NAGPRA includes state and federal case law and "final" resolution of the Kennewick Man litigation.

Rush, Laurie. Archaeology, Cultural Property, and the Military. Woodbridge: Boydell & Brewer, 2010. <http://public.eblib.com/choice/publicfullrecord.aspx?p=819882>.

This book should be required reading for senior military and civilian leaders as it is devoted to the threat to important cultural sites from training and combat operations. The over-riding theme of this volume is stewardship. In each case, an author has encountered a situation where their expertise has offered the potential to help save archaeological properties, historical structures, and sacred places - or has documented the process. Drawing on major contributions from seven armed forces, this book sets out the obligations to protect cultural heritage and provide a series of case studies of current military practice.

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CONCLUSION:

The process of completing the bibliography plan was great practice in learning to use the various databases and tools that a reference librarian might use regularly. I learned various ways to retrieve and organize information, and I learned how to locate and use controlled vocabulary in searches. I also found that it was helpful to create the relevancy tables in Excel with notes for each source while conducting the searches.

Researching a Federal Law pertaining to Native Hawaiians proved to be a complex and difficult task. Researching law and legislation in itself is complex; however, I found collections on Native Hawaiian law to be dispersed within LCSHs. Some information on the subject was obscured in relevant anthropological and archeological sources, American Indian sources or History America. Class KF (Law of the United States) has a section on American Indian law and law-related materials (KF8220+), but it does not well represent the political environment of Native Hawaiians. Though this process, I refined my ability to search with natural language and often found myself combining CV with natural language to obtain highly relevant results. This combination method worked well for most searches. I tried to be conscious of my use of single versus plural forms of a word so as not to affect search results in query examples, especially in EBSCO platforms. As indicated in a few of Bandyopadhyay’s study queries (Bandyopadhyay, 40-45), when a term is searched in its singular form on EBSCO it will retrieve records continuing also the plural form but not vice versa (Bandyopadhyay, 2010).

While I anticipated the Legal Collection to be most useful database, it did not yield results within the scope of this plan. LexisNexis Academic, which I first struggled with immensely, was a good resource for law cases and review. The CV terms were not helpful but NL searches were favorable. I feel I may have missed a lot of relevant material by not understanding how to read the codes. I discussed the prospect of getting a tutorial from Professor Woods, at the Richardson’s School of Law, this summer so I can learn how to navigate law resources. This was also good practice with information literacy and learning to evaluate the resources.

Overall, I was not able to find as much information as I would have liked pertaining specifically to NAGPRA procedure and effectiveness in Hawaii. During the course of researching this plan, the DoD agency that I work for was notified in April that Hui Malama I Na Kupuna O Hawai`i Nei (Group Caring For the Ancestors of Hawai`i) dissolved under state laws in January 2015. Hui Malama was one of two NHOs named in NAGPRA and the only one dedicated to the proper treatment of ancestral Native Hawaiians. I was unable to find additional information on this and am concerned about the ramifications on repatriation with this new development. This will be something to note for future research as information becomes available.

Since the 1990 passage of the act, museums and federal agencies have made over one million cultural items and the remains of nearly 40,000 Native Americans available for repatriation (Chari and Lavallee, 2013). Accompanied by that success, are countless journal articles and

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hearing testimonies about the complication of carrying on the process of NAGPRA, ineffectiveness of NAGPRA in many areas, and the lack of full compliance and oversight by the Government. Five years prior, in 2010, the GAO concluded that several federal agencies have not met NAGPRA mandates. After 20 years, 55% of the inventoried human remains and 68% of the associated funerary objects held by Federal agencies had been offered for repatriation (Toner, 2010). NAGPRA also does not fully resolve the issue of ownership or control of Native Hawaiian remains that have no ascertainable "cultural affiliation” (Harvard Environmental Law Review, 22 Harv. Envtl. L. Rev. 369). Repatriation and burial site protection requires additional changes in federal and state laws.

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BIBLIOGRAPHY

Academic Search Premier (EBSCO Industries, Inc, 2009). http://micro189.lib3.hawaii.edu/ezproxy/details.php?dbId=2323 (accessed April 15, 2015).

Application of Native American Graves Protection and Repatriation Act in the state of Hawaii: hearing before the Committee on Indian Affairs, United States Senate, One Hundred Eighth Congress, second session, on oversight hearing to receive testimony on the application of the Native American GravesProtection and Repatriation Act in the state of Hawaii, December 8, 2004, Honolulu, HI. (Y 4.IN 2/11:S.HRG.108-768)

Bandyopadhyay, Aditi. “Examining Biological Abstracts on Two Platforms: What Do End Users Need to Know?” Science & Technology Libraries, 29, no 1-2 (2010): 34-52. (DOI: 10.1080/01942620903579377 Accessed on February 26, 2015).

Bird, Pemina Yellow. "NAGPRA AT TWENTY: A Report Card." Arizona State Law Journal 44, no. 2 (Summer2012 2012): 921-926. Legal Collection, EBSCOhost (accessed April 15, 2015).

Chari, Sangita, and Jaime M. N. Lavallee. Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act. 2013. (http://site.ebrary.com/id/10807425). (e-book)

Cunningham, Richard B. Archaeology, Relics, and the Law. Durham, N.C.: Carolina Academic Press, 1999. (KF4310 .C86 2005)

Eberhart, George M. The Whole Library Handbook 4 Current Data, Professional Advice, and Curiosa About Libraries and Library Services. Chicago: American Library Association, 2006. (Z665.2.U6 W49 2006)

Ferguson, T. J. "Native Americans and the practice of archaeology." Annual Review Of Anthropology 25, no. 1 (October 1996): 63. Academic Search Premier, EBSCOhost (accessed April 16, 2015).

Google, “Google Advanced Search,” http://www.google.com/advanced_search, accessed May 2, 2015.

Johansen, Bruce E. The Encyclopedia of Native American Legal Tradition. Westport, Conn: Greenwood Press, 1998. (KF8204 .E53 1998)

Johnson, Greg. "Ancestors before Us: Manifestations of Tradition in a Hawaiian Dispute." Journal of the American Academy Of Religion 71, no. 2 (June 2003): 327. MasterFILE Premier, EBSCOhost (accessed April 18, 2015).

JSTOR I Collection [database online] (JSTOR, 2008); available from http://micro189.lib3.hawaii.edu/ezproxy/details.php?dbId=1354 (accessed April, 2015).

Lapilio, Lani Ma’a. “NAGPRA Issue Requires Input and Concurrence,” Wai ola o OHA 17, no. 4 (APR 2000): 11. (DU624.65 .W25)

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Law Library Microform Consortium. “LLMC Digital,” Available at http://eres.library.manoa.hawaii.edu/login?url=http://www.llmcdigital.org/ (accessed April 9, 2015).

LexisNexis Academic [online database]; available from

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APPENDIX – SEARCH TERMS RELEVANCY CHARTS:

Key

NL= Natural Language CV= Controlled Vocabulary SH= Subject Heading SU= Subject Terms GE= Geographic Term KW= Keyword HR=Highly Relevant U= Useful NR= Not Relevant

Voyager Search Terms # Results Relevancy UNITED STATES. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (CV) 31 HR

HUMAN REMAINS (ARCHAEOLOGY) -- LAW AND LEGISLATION -- UNITED STATES (CV) 16 U

MUSEUMS--LAW AND LEGISLATION--UNITED STATES (CV) 48 U CULTURAL PROPERTY--REPATRIATION--UNITED STATES (CV) 32 HR INDIANS OF NORTH AMERICA--LEGAL STATUS, LAWS, ETC (CV) 563 U nagpra (NL) 60 HR “american indian law” AND “human remains” (NL) 20 U “native hawaiian” AND “burial protection” (NL) 3 HR archaeology AND law AND “cultural property” (NL) 63 HR

Hawaii Pacific Journal Index Search Terms # Results Relevancy NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (CV) 6 U

nagpra (NL) 10 U nagpra (NL) and hawaii (NL) 5 U “native hawaiian” AND “burial protection” (NL) 0 NR “burial protection” (NL) 3 U archaeology (NL) AND "human remains" (NL) 5 NR repaitriation (NL) 0 NR

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Legal Collection Search Terms # Results Relevancy CULTURAL POLICY (CV) AND UNITED STATES (GE) 36 NR NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (SU) 3 U

REPATRIATION OF CULTURAL PROPERTY (CV) 9 NR REPATRIATION OF HUMAN REMAINS -- LAW & LEGISLATION (CV) 1 NR MUSEUMS -- LAW & LEGISLATION (CV) 7 U nagpra (NL) 17 NR nagpra (NL) AND HAWAIIANS (SH) 0 NR HAWAIIANS (SH) AND “burial protection” (NL) 0 NR HAWAIIANS (SH) AND “human remains” (NL) 0 NR archaeology AND law AND “cultural property” (NL) 2 NR

MasterFILE Search Terms # Results Relevancy native american graves protection and repatriation act (KW) 13 U REPATRIATION OF CULTURAL PROPERTY (SU) 24 NR REPATRIATION OF HUMAN REMAINS (SU) o NR nagpra (NL) 28 U nagpra (NL) and hawaii (NL) 1 U “native hawaiian” AND “burial protection” (NL) 0 NR “burial protection” (NL) 0 NR archaeology (NL) AND "human remains" AND LAW (NL) 2 NR repatriation (NL) 0 NR

LLMC Digital Search Terms # Results Relevancy NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (SU) 0 NR

HUMAN REMAINS (ARCHAEOLOGY) -- LAW AND LEGISLATION -- UNITED STATES (SU) 0 NR

MUSEUMS -- LAW & LEGISLATION (SU) 0 NR HAWAIIANS (SU) 0 NR nagpra (NL) AND BURIAL LAW (SH) 0 NR nagpra (NL) 0 NR repatriation (NL) 0 NR burial AND protection (NL) 0 NR “human remains” (NL) 0 NR archaeology AND law AND “cultural property” (NL) 0 NR archaeology AND law (NL) 0 NR "repatriation of cultural property" (NL) 0 NR

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Nagpra (NL) AND BURIAL LAW (SH) 0 NR Academic Search Premier Search Terms # Results Relevancy UNITED STATES. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (CV) 19 U

HUMAN REMAINS (ARCHAEOLOGY) -- LAW AND LEGISLATION -- UNITED STATES (CV) 0 NR

MUSEUMS--LAW AND LEGISLATION--UNITED STATES (CV) 1 NR CULTURAL PROPERTY--REPATRIATION--UNITED STATES (CV) 0 NR NATIVE AMERICANS -- LEGAL STATUS, LAWS, ETC. (SU) AND HAWAIIANS (SU) 1 NR

NATIVE AMERICANS -- LEGAL STATUS, LAWS, ETC. (SU) 382 U NATIVE AMERICANS -- LEGAL STATUS, LAWS, ETC. (SU) AND napgra (NL) 6 U

nagpra (NL) 42 U nagpra (NL) and hawaii (NL) 1 U “american indian law” AND “human remains” (NL) 9 NR “native hawaiian” AND “burial protection” (NL) 0 NR hawaiian AND “burial protection” (NL) 0 NR archaeology AND law AND “cultural property” (NL) 21 NR

ProQuest Congressional Search Terms # Results Relevancy Native Americans (SU) AND U.S. STATUTES (SU) 35 NR MUSEUMS AND U.S. STATUTES (SU) 5 NR INDIANS (SU) AND law (SU) 17207 NR INDIANS (SU) AND LAW (SU) AND MUSEUMS (SU) 0 NR INDIANS (SU) AND LAW (SU) AND GRAVES (SU) 823 HR nagpra (NL) 42 HR nagpra (NL) and hawaii (NL) 11 U “american indian law” AND “human remains” (NL) 0 NR “native hawaiian” AND “burial protection” (NL) 0 NR hawaiian AND “burial protection” (NL) 0 NR archaeology AND law AND “cultural property” (NL) 0 NR

JSTOR Search Terms *“All-text” KW searches # Results Relevancy native american graves protection and repatriation act (NL) 315 HR native american graves protection and repatriation act AND hawai* (NL) 102 HR "human remains" AND hawai* AND law (NL) 307 HR museums AND hawai* AND repatriation (NL) 0 NR “cultural property” AND repatriation and united states 7,936 NR

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cultural property AND repatriation AND united states AND law 5820 NR nagpra (NL) 382 U nagpra AND hawai* (NL) 111 HR “native hawaiian” AND “burial protection” (NL) 9 U archaeology AND law AND “cultural property” (NL) 533 NR

LexisNexis Academic Search Terms # Results Relevancy

MUSEUMS & GALLERIES [ CV] AND NATIVE AMERICANS [CV ] “too many to display” NR

MUSEUMS & GALLERIES [CV] AND NATIVE AMERICANS [CV ] AND INDIGENOUS PEOPLES LAW [CV] 15 U

"native american graves protection and repatriation act" (NL) 621 HR native american graves protection and repatriation act AND hawai* (NL) 183 HR “native Hawaiian” AND “burial protection” (NL) 183 HR archaeology AND law AND “cultural property” (NL) 127 HR

Google Scholar Search Terms- All NL terms # Results Relevancy "native american graves protection and repatriation act" 4,980 U native american graves protection and repatriation act N7 hawaii* 16 U

native american graves protection and repatriation act AND hawaii 1 NR

native american graves protection and repatriation act AND archaeology AND federal 1,380 U

nagpra (NL) AND hawaii 455 HR “native Hawaiian” AND “burial protection” (NL) 18 HR nagpra AND hawaii NOT international 87 HR

WorldCat Search Terms # Results Relevancy UNITED STATES. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (CV) (SU field) 246 HR

HUMAN REMAINS (ARCHAEOLOGY) -- LAW AND LEGISLATION -- UNITED STATES (CV) (SU field) 0 NR

MUSEUMS--LAW AND LEGISLATION--UNITED STATES (CV) (SU field) 292 HR

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CULTURAL PROPERTY--REPATRIATION--UNITED STATES (CV) (SU field) 231 HR

INDIANS OF NORTH AMERICA--LEGAL STATUS, LAWS, ETC (CV) (SU field) 9417 NR

Nagpra and Hawaii (NL) 10 HR “Native Hawaiian” AND “Burial Protection” (NL) 10 HR