7.1 Native American Graves Protection and Repatriation Act (NAGPRA)

NAGPRA, passed in 1990, tackles the mistreatment of Native American remains and artifacts by museums and institutions. It's a game-changer, protecting graves from looting and helping return sacred items to tribes. This law marks a big shift in respecting Native American rights.

NAGPRA's impact goes beyond just returning objects. It's helped Native communities heal, revive traditions, and assert their rights. It's also changed how museums and researchers work with Native artifacts, pushing for more respect and collaboration. But challenges remain, like disputes over ancient remains.

NAGPRA's Historical Context and Purpose

Historical Background and Motivations

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• Enacted in 1990 to address long-standing mistreatment of Native American human remains and cultural items by museums, federal agencies, and academic institutions
• Responded to centuries-long practice of collecting and displaying Native American remains and sacred objects without consent (Smithsonian Institution, American Museum of Natural History)
• Emerged from growing awareness of indigenous rights and need for cultural sensitivity in archaeological and museum practices
• Represented significant shift in U.S. policy acknowledging tribal sovereignty and right of Native Americans to control cultural heritage

Key Objectives and Scope

• Protects Native American graves from looting and facilitates repatriation of ancestral remains, funerary objects, sacred objects, and objects of cultural patrimony
• Applies to federal agencies and institutions receiving federal funding requiring inventory and identification of Native American cultural items in collections
• Establishes process for repatriation to lineal descendants and culturally affiliated tribes
• Mandates consultation with Native American tribes and Native Hawaiian organizations regarding treatment and disposition of cultural items

Key Provisions of NAGPRA

Inventory and Repatriation Process

• Requires institutions to create comprehensive inventories of Native American cultural items in their possession
• Establishes step-by-step repatriation process including identification, notification, and transfer of items to appropriate tribes or descendants
• Mandates consultation with Native American tribes and Native Hawaiian organizations throughout the process
• Provides for protection of Native American burial sites on federal and tribal lands
• Outlines disposition procedures for cultural items excavated or discovered on these lands after 1990

Enforcement and Oversight

• Establishes civil penalties for museums failing to comply with NAGPRA provisions
• Imposes criminal penalties for trafficking in Native American human remains and cultural items
• Creates Review Committee to monitor and review implementation of inventory, identification, and repatriation activities
• Requires annual reports to Congress on NAGPRA implementation progress

NAGPRA's Impact on Native Communities

Cultural Revitalization and Healing

• Facilitated return of thousands of ancestral remains and cultural items to Native American tribes (Pueblo of Jemez, Hopi Tribe)
• Supported cultural revitalization efforts by providing access to sacred objects and traditional knowledge
• Contributed to healing from historical trauma by allowing proper burial and ceremonial treatment of ancestors
• Empowered Native American communities to reclaim control over cultural heritage
• Asserted tribal rights in archaeological and museum contexts

Improved Relationships and Practices

• Promoted dialogue and collaboration between Native American tribes and scientific institutions
• Led to more ethical and culturally sensitive research practices in archaeology and anthropology
• Increased awareness and respect for Native American cultural practices and beliefs within broader American society
• Influenced museum practices encouraging more inclusive and culturally appropriate methods of displaying and interpreting Native American artifacts (National Museum of the American Indian)
• Sparked ongoing discussions about ethics of archaeological research and museum curation

Challenges and Successes of NAGPRA

Implementation Successes

• Repatriated numerous human remains and cultural items fostering reconciliation and cultural healing (Zuni War Gods, Tlingit Killer Whale Hat)
• Raised awareness about Native American cultural rights
• Improved relationships between tribes and institutions holding Native American collections
• Fostered meaningful collaborations between Native American tribes, museums, and federal agencies (Field Museum of Natural History and tribal partnerships)

Ongoing Challenges

• Disputes over cultural affiliation particularly for ancient remains (Kennewick Man case)
• Limited funding and resources for both institutions and tribes hindering full implementation
• Challenges in conducting comprehensive inventories and consultations
• Inconsistencies in interpretation and application of NAGPRA across different institutions and regions
• Scientific community concerns about loss of research opportunities
• Tribal frustrations with slow pace of repatriations in some cases
• Balancing scientific inquiry and cultural rights remains an ongoing debate in the field