Policy Text
Policy
364Fremont Police Department
Native American Graves Protection and
Repatriation
364.1 PURPOSE AND SCOPE
This policy is intended to ensure the protection and security of ancient or historic grave sites,
including notification of personnel responsible for cultural items, in compliance with the Native
American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.).
364.1.1 DEFINITIONS
Definitions related to this policy include (43 CFR 10.2):
Funerary objects - Objects that, as part of the death rite or ceremony of a Native American
culture, are reasonably believed to have been placed intentionally at the time of death or later
with or near individual human remains. Funerary objects are either associated funerary objects
or unassociated funerary objects.
Associated funerary objects are any funerary objects related to removed human remains, where
the location of the human remains is known. This includes objects that were made exclusively for
burial purposes or to contain human remains, regardless of the physical location or existence of
any related human remains.
Unassociated funerary objects are any other funerary objects that are identified by a
preponderance of the evidence such as:
•Related to human remains but the remains were not removed, or the location of the
remains is unknown.
•Related to specific individuals or families.
•Removed from specific burial sites with Native American cultural affiliation.
•Removed from an area where such burial sites are known to have existed, but the
site no longer exists.
Native American human remains - Any physical part of the body of a Native American individual.
Objects of cultural patrimony - Objects having ongoing historical, traditional, or cultural
importance that is central to the Native American group or culture itself and, therefore, cannot be
appropriated or conveyed by any individual, including members of the Native American group or
Native Hawaiian organization. Such objects must have been considered inalienable by the Native
American group at the time the object was separated from the group.
Sacred objects - Specific ceremonial objects needed by traditional Native American religious
leaders for the practice of traditional Native American religions.
364.2 POLICY
It is the policy of the Fremont Police Department that the protection of Native American human
remains, funerary objects, associated funerary objects, unassociated funerary objects, sacred
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Repatriation - 1
Fremont Police Department
Native American Graves Protection and Repatriation
objects, or objects of cultural patrimony is the responsibility of all members. Such protection
includes minimizing destruction, contamination, inadvertent disruption, or complicated custody
transfer processes.
364.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND
REPATRIATION ACT
Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave,
human remains, funerary objects, associated funerary objects, unassociated funerary objects,
sacred objects, or objects of cultural patrimony are exposed or otherwise unsecured, members
shall secure the site in the same manner as a crime scene. All activity at the scene other than
scene preservation activity must cease (43 CFR 10.5).
No photography or video recording may be permitted by the media or any group or individual who
may wish to exhibit the remains.
Without delay, the appropriate agency or group shall be notified to respond and take control of
the scene. These include the following (43 CFR 10.5):
•Federal land - Appropriate agency at the U.S. Department of the Interior or U.S.
Department of Agriculture
•State land/Private land - Coroner, when appropriate (Health and Safety Code §
7050.5)
•Tribal land - Responsible Indian tribal official
364.4 EVIDENCE AND PROPERTY
If the location has been investigated as a possible homicide scene prior to identification as a
NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure
the proper transfer and repatriation of any material collected. Members shall ensure that any
remains or artifacts located at the site are expediently processed (43 CFR 10.7).
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Published with permission by Fremont Police DepartmentNative American Graves Protection and
Repatriation - 2