5  Collections Management Policy

Date of Approval: XXXX

Mission: To serve the public as an inclusive center for object based learning and research regarding the human condition across space and time.

Vision: To foster a humanistic appreciation of cultural diversity by creating opportunities for object based experiential learning and investigation.

Values: To foster inclusivity and respectful dialogue about the worlds cultures by training the next generation of museum professionals.

Scope of Collections

Since its inception, the University Museum has maintained a commitment to serve as a “depository of knowledge and objects to be found in a general museum” as a key aspects of its mission.

The University Museum’s permanent collection (\(n>\) 180,000) consists of archaeological (\(n≈\) 170,000), ethnographic(\(n≈\) 5,000), and historic (\(n≈\) 10,000) objects that reflect the diversity of the South, US-Mexico border region, global connections to diverse cultures, and the educational and research pursuits of NMSU.

Authority

Native American Graves Protection and Repatriation Act (NAGPRA)

NMSU recieves federal funding. Therefore, the University Museum is subject to NAGPRA retulation. The University Museum serves as a repository for objects that qualify under the Native American Graves Protection and Repatriation Act.

NAGPRA was enacted on November 16, 1990 and applies in part to institutions that receive federal funding. As a bill, NAGPRA was introduced during the 101st Congress as H.R. 5237. Once signed by President George Bush on November 16, 1990, the act became Pub. L. 101-601. In US Code, the law is located in 25 U.S.C. 32 §§3001-3013. As a regulation, the law is located at 43 CFR 10 which was most recently revised and updated on 2023-12-13 via publication in the Federal Register (Office of the Secretary of the Interior 2023).

For the University Museum some key sections of relevant code include:

These regulations require a museum, Federal agency, or DHHL to care for, safeguard, and preserve any human remains or cultural items in its custody or in its possession or control. A museum, Federal agency, or DHHL must:

(1) Consult with lineal descendants, Indian Tribes, or Native Hawaiian organizations on the appropriate storage, treatment, or handling of human remains or cultural items;

(2) Make a reasonable and good-faith effort to incorporate and accommodate the Native American traditional knowledge of lineal descendants, Indian Tribes, or Native Hawaiian organizations in the storage, treatment, or handling of human remains or cultural items; and

(3) Obtain free, prior, and informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations prior to allowing any exhibition of, access to, or research on human remains or cultural items. Research includes, but is not limited to, any study, analysis, examination, or other means of acquiring or preserving information about human remains or cultural items. Research of any kind on human remains or cultural items is not required by the Act or these regulations.

(emphasis added)

Comment 7 revolves around concerns regarding the balance between the interests of repatriation and scientific study. The Department of the Interior (DOI) noted that “[n]owhere in the Act did Congress say that decisions about disposition or repatriation are made by balancing the interests of science against the interests of human rights” (Office of the Secretary of the Interior 2023, 86459). DOI (Office of the Secretary of the Interior 2023, 86460) further noted “the objective of the systematic processes in the Act is the disposition or repatriation of human remains or cultural items, not to achieve any kind of balance between the interests of science and the interests of human rights.”

Comments 12-XX cover §10.1(d) Duty of Care.

“We can, and have, included requirements for museums and Federal agencies to consult, collaborate, and, in the case of scientific study or research, obtain consent from lineal descendants, Indian Tribes, or NHOs (see Comment 15). In addition, these regulations require museums and Federal agencies to defer to the Native American traditional knowledge of lineal descendants, Indian Tribes, and NHOs in all decision-making steps.” (Office of the Secretary of the Interior 2023, 86460)

State Laws and University Policies Regarding Firearms

New Mexico State Law Regarding Firearms

New Mexico criminal offense statute §30-7-2.4 NMSA makes it unlawful to carry a firearm on university premises except by: 1) a peace officer; 2) university security personnel; 3) university authorized personnel engaged in army, navy, marine corps, or air force reserve training program or state-authorized hunter safety training program; 4) a university-approved program or class involving the carrying of a firearm, or 5) a person over 19 years old who is on university premises in a private automobile or other private means of conveyance and the firearm is for the lawful protection of the person’s or another person’s person or property.

New Mexico State University Rules and Policies Regarding Firearms

Both NMSU Administrative Rules and Procedures (ARP) §16.06.3.A.1-5 and NMSU Regents Policy Manual (RPM) §16.67.C.1.a-e adhere to the language of §30-7-2.4 NMSA which makes carrying of a firearm unlawful criminal activity when not covered by one of the five aforementioned exceptions. On 2015, NMSU Chief of Police promulgated “New Mexico State University System Standards and Requirements for Firearms on University Premises.” This document cites relevant NM statute (§30-7-2.4 NMSA) and articulates specific requirements involving the five exceptions outlined in §30-7-2.4 NMSA ARP §16.67.C.1.a-e and RPM §16.67.C.1.a-e.

Key to the University Museum is the exception outlined in §30-7-2.4.A(4) NMSA, NMSU ARP §16.06.3.A.4, and RPM §16.67.C.1.d each of which identify an exception as “[a] person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm.” Rergarding University-approved programs, classes or other activities involving the carrying of afirearm the NMSU’s Chief of Police document regarding Standards and Requirements for Firearms on University Premises states in part:

In order to be considered approved by the university, programs, classes, and other activities involving the carrying of a firearm must be registered with and approved through the Department of Campus Activities, with approval by the NMSU Chief of Police. Academic classes involving the use of a firearm must also have the approval of the Provost or Vice President for Academic Affairs of the particular campus. Other programs sponsored by the university must also have the approval of the appropriate Dean, Director, or Vice President overseeing the sponsoring unit. All programs and activities must submit a safety plan for approval by the Chief of Police, and participants may only have a firearm on university premises immediately prior to, during, and immediately after the authorized activity. Firearms may not be possessed in other parts of university premises except as necessary for transportation to and from the authorized activity. During transportation to and from the activity, the firearms shall be unloaded and locked inside approved containers. All participants shall undergo a fingerprint background check conducted by the NMSU Police Department prior to being allowed to bring a firearm onto university premises for the purpose of participating in authorized university activities, and may be issued an authorization/identification card by the NMSU Police Department that must be kept on their person when utilizing a firearm on campus. Instructors or supervisors of authorized activities are responsible for ensuring the safe operation of firearms at all times. Any discharge of a firearm while on university premises (outside of designated training) must be immediately reported to the NMSU Police Department.

University Museum Adherence to New Mexico State Law and University Policy

The University Museum will X, Y, and Z.

Categories of Collections

The University Museum maintains 3 primary types of collections.

  • Permanent collections are composed of accessioned items that are owned by the University Museum
  • Research collections are composed of objects that are federal or state property reposed at and in the custody of the University Museum. These objects are not accessioned.
  • Teaching collections are composed of objects that are owned by the museum but are not accessioned into the permanent collection. These objects are used for instructional purposes.

Acquisitions/Accessions

All acquisitions or accessions are made at the discretion of the Director. The Director’s decision should be made in consultation with the Curator.

Deaccessioning/Disposal

The University Museum limits the use of funds that are derived from deaccessioning objects in the permanent collection to either 1) acquire new objects for accession or 2) the direct care and conservation of accessioned objects in the permanent collection.

Loans

The University Museum can make outgoing loans of accessioned objects from the permanent collection. The University Museum will permit outgoing loans to museums, libraries, government agencies, and other entities on a discretionary basis. The University Museum reserves the right to decline an outgoing loan request.

The University Museum can receive incoming loans of objects for the purposes of exhibition and research. The University Museum will permit incoming loans from museums, libraries, government agencies, and other entities on a discretionary basis. The University Museum reserves the right to decline an incoming loan request.

All incoming and outgoing loans must be accompanied by loan agreements that are signed by both the lender and recipient as well as pre- and post- lend condition reports to be completed by University Museum staff.

Prior to an outgoing loan, museum staff will complete a condition report for every object to be lent. The Director or Curator will draw up a loan agreement for the objects lent. Prior to the transfer of custody, this loan agreement will be signed by both the lender and recipient. The museum will keep pre-lend condition reports on file in Kent Hall.

Upon receiving an incoming loan, the University Museum will conduct an incoming condition report withing 24 hours of receiving the object. This report will be supplied to the lending party withing 24 hours of completing the condition report. Therefore, the lending party should receive a condition report from the University Museum within two days of the transfer of custody.

Upon the completion of an incoming loan, the University Museum will complete a post-lend condition report.

Upon transfer of custody at the termination of a lend, both parties will sign the loan agreement acknowledging return of the objects to their owner.

Objects Found in Collections

The University Museum reserves the right to accession objects that are found in collections. However, the museum is not compelled to accession all objects that are found in collections. The decision on whether to accession objects found in collections is the Directors and is should be made in consultation with the Curator.

The first accession of each calendar year should be reserved for items that are found in collections. For example, accession 2023.01 would represent all objects that were found in collections and accessioned during the calendar year of 2023.

Federal Archaeological Collections

The University Museum has served as a long-term repository for several Federal archaeological collections. While the objects are in the museum’s long-term but temporary custody, the museum will work to ensure they are stored consistent with XXXX guidelines. The museum will seek support from these federal agencies to help cover curation costs while serving as a temporary repository.

Abandoned Property & Unclaimed Loans

Care of Collections

Care of the collections is the responsibility of museum staff, the Curator, and ultimately the Director. Lapses or failures are the joint responsibility of the Director and Curator. It is leadership’s job to ensure that student staff follow best practices when caring for the collections.

Housekeeping

Museum housekeeping is the responsibility of museum staff. This involves organizing tools, equipment, and instruments as well as regular monitoring and trapping of museum pests. NMSU custodial staff maintains bathrooms and empties trash, but is not responsible for housekeeping or the maintenance of order.

Insurance and Risk Management

The University Museum possesses a Letter of Administration (Tyndall, n.d.) establishing the Property and Liability Certificates of Coverage as set by Rule 1.6.5 of the New Mexico Administrative Code showing that the museum is covered by the Risk Management Division under the Tort Clams Act (NMSA 1978, § 41-4-1 et seq.). and the Insurance on Public Buildings Act (NMSA 1978, § 19-5-1 et seq.). The University Museum also possesses a Declaration (Reid, n.d.) indicating the State of New Mexico is covered with a policy type of “Museum Collection and Temporary Loans”. Both documents are maintained in the museum SharePoint at <HOME>\Policies\Insurance\.

Documentation/Collections Records

Inventories

Access

Appraisals

Laws

Cultural Property

Rights & Reproductions

Photography

Review/Revision

Glossary

Forms

  • Loan agreement

  • Condition report