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Finding Our Way Home: Achieving the Policy Goals of NAGPRA

Statement of Chairman Daniel K. Akaka

Thu, June 16, 2011

Senate Committee on Indian Affairs Oversight Hearing

      Aloha, and welcome to the Committee's oversight hearing on "Finding Our Way Home:  Achieving the Policy Goals of NAGPRA."  For thousands of indigenous ancestors, the road home has been a difficult one.  Many have not been able to begin their journey home as they, along with their sacred objects, fell into the possession of the federal government and museums across the country.  This was the result of archeological excavations, construction projects, and museum and university research. 

      I know this can be a painful and deeply personal topic for many Native peoples.  My own people believe the mana- the spirit and power of a person-rests in the bones and connects families between the generations.  Native Hawaiian tradition holds that, what affects the bones, can affect the future lives of the progeny, and the after-lives of the ancestors of those bones.

      Native Hawaiian burials are some of the most secretive in the world.  Native Hawaiian children are still taught what to do if they encounter any ancestral bones.  When my people think about those 'iwi kupuna-those ancestors-whose bones are subjected to scientific scrutiny, display, or cataloged storage, there is a sense of outrage and sorrow over the failure to care for the bones as our tradition requires.

      Our kinship and active connection with the remains of our fore-bears, and the objects that were sacred enough to warrant burial with them, is not unique.  Native peoples across the United States feel this connection.  Acknowledging this connection, the policy of repatriation was born.

      Both the National Museum of the American Indian Act (Museum Act) and the Native American Graves Protection and Repatriation Act (NAGPRA) established procedures for repatriation.  Yet, over 20 years after the enactment of these two laws, GAO found many federal agencies have not fully complied with NAGPRA.  In addition, the Smithsonian has much work to do in order to comply with the Museum Act.

      Today, we will hear from the GAO about their findings, and from the Administration and the Smithsonian about what they are doing to comply with federal laws.  Finally, we will hear from tribal leaders about their experiences, challenges, and ideas to improve the process.

      It is important to remember that how we treat the dead speaks volumes about how we value the living.  The thoughtful input of witnesses and the public will help this Committee work to make sure that the road home is a timely journey; one that brings peace to the families and communities who have longed for the dignity of their relations and lifeways to be respected.

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