13.2 Native American Graves Protection and Repatriation Act

The Native American Graves Protection and Repatriation Act (NAGPRA) is a crucial law protecting Native American cultural items. It requires federal agencies and museums to return sacred objects, human remains, and funerary items to tribes and descendants.

NAGPRA recognizes tribal sovereignty and cultural importance of these items. It sets up a process for inventory, consultation, and repatriation, with penalties for violations. This law aims to right historical wrongs and respect Native American heritage.

NAGPRA Overview

Purpose and Scope of NAGPRA

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• Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law passed in 1990 that provides a process for museums and federal agencies to return certain Native American cultural items to lineal descendants, culturally affiliated Indian tribes, and Native Hawaiian organizations
• Applies to cultural items that are excavated or discovered on federal or tribal lands after November 16, 1990
• Requires federal agencies and institutions that receive federal funding to return Native American cultural items to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organizations
• Cultural patrimony refers to an object having ongoing historical, traditional, or cultural importance central to the Native American group or culture itself, rather than property owned by an individual Native American, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual

Categories of Cultural Items Covered

• Sacred objects are specific ceremonial objects which are needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present day adherents
• Human remains refer to the physical remains of the body of a person of Native American ancestry
• Associated funerary objects are objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later
  • Includes objects made exclusively for burial purposes or to contain human remains
• Unassociated funerary objects are objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, but can be identified by a preponderance of the evidence as related to specific individuals or families or to known human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe

Repatriation Process

Inventory and Consultation Requirements

• Repatriation refers to the process by which a museum or Federal agency transfers possession and control of Native American cultural items to lineal descendants, Indian tribes, and Native Hawaiian organizations
• Cultural affiliation means a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group
• Each Federal agency and museum must compile an inventory of human remains and associated funerary objects in its possession or control and identify their geographical and cultural affiliation
  • The inventory must be completed in consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders
• Consultation involves seeking the views of and considering the evidence presented by lineal descendants, Indian tribes, and Native Hawaiian organizations regarding cultural affiliation and repatriation of cultural items

NAGPRA Review Committee

• The Review Committee is responsible for monitoring and reviewing the implementation of the inventory and identification process and repatriation activities required under NAGPRA
• Consists of seven members appointed by the Secretary of the Interior from nominations submitted by Indian tribes, Native Hawaiian organizations, museums, and scientific organizations
  • Three members are appointed from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders with at least two of such persons being traditional Indian religious leaders
  • Three members are appointed from nominations submitted by national museum organizations and scientific organizations
  • One member appointed from a list of persons developed and consented to by all of the other members

Entities and Responsibilities

Tribal Sovereignty and Federal Agencies

• NAGPRA recognizes tribal sovereignty by giving lineal descendants, Indian tribes, and Native Hawaiian organizations priority in determining the disposition and control of Native American cultural items
• Federal agencies have a responsibility to identify and consult with lineal descendants, Indian tribes, and Native Hawaiian organizations regarding the repatriation of cultural items
  • Must provide a written summary of unassociated funerary objects, sacred objects, and objects of cultural patrimony in their collections
• Museums that receive Federal funds also have a responsibility to repatriate cultural items to lineal descendants, Indian tribes, and Native Hawaiian organizations

Penalties and Inadvertent Discoveries

• NAGPRA prohibits the sale, purchase, use for profit, or transport for sale or profit of Native American cultural items obtained in violation of the Act
  • Penalties for a first offense can reach 12 months imprisonment and a $100,000 fine
• Inadvertent discoveries of Native American cultural items on Federal or tribal lands require the person who made the discovery to notify the responsible Federal agency or tribal official
  • If the discovery occurred in connection with an activity such as construction, mining, logging, or agriculture, the discoverer must stop the activity in the area of the discovery and make a reasonable effort to protect the cultural items