The Native American Graves Protection and Repatriation Act
Introduction: Respecting the Past, Protecting the Future
The Native American Graves Protection and Repatriation Act (NAGPRA) is a landmark piece of U.S. legislation enacted in 1990, designed to address the rights of Native American tribes and their ancestors regarding human remains, funerary objects, sacred items, and objects of cultural patrimony. At its core, NAGPRA is about more than just bones and artifacts—it’s about respect, cultural continuity, and the ongoing relationship between modern Native American communities and their heritage.
As we dive into NAGPRA, we’ll explore its origins, what it aims to achieve, the various perspectives on its implementation, and why it remains a topic of importance and, occasionally, controversy.
The Origins of NAGPRA: A Long Road to Repatriation
Before the passage of NAGPRA, museums and universities across the United States held countless Native American remains and artifacts in their collections, often acquired without the consent of the tribes. The practice of collecting these items was rooted in a time when Native American cultures were not given the respect they deserved, and their ancestors were treated as objects of study rather than as people deserving of dignity.
In the 1970s and 1980s, Native American advocacy groups began to push for the return of their ancestors’ remains and sacred objects. Their efforts culminated in the passage of NAGPRA, which established a process for tribes to request the return of items held by federally funded institutions. The law also set out guidelines for the excavation and treatment of Native American graves on federal and tribal lands, aiming to prevent future exploitation.
What NAGPRA Does: The Key Provisions
NAGPRA is comprehensive in its scope, covering a range of issues related to the protection and repatriation of Native American cultural items. Here’s what the law entails:
- Inventory and Notification: Federal agencies and institutions that receive federal funding must inventory their collections of Native American human remains and associated funerary objects. They are required to consult with tribes and provide them with information about the items in their collections.
- Repatriation Process: Tribes can request the return of human remains, funerary objects, sacred objects, and objects of cultural patrimony. Institutions must comply with these requests unless they can prove a right of possession.
- Protection of Burial Sites: NAGPRA prohibits the intentional excavation of Native American graves on federal and tribal lands unless authorized by the tribe. It also protects these sites from looting and illegal excavation.
- Penalties for Non-Compliance: The law establishes penalties for institutions that fail to comply with its provisions, including fines and the potential loss of federal funding.
- Grants for Implementation: NAGPRA also provides grants to tribes and institutions to help them with the repatriation process, including the costs of inventorying collections and returning items.
The Repatriation Process: How It Works
The repatriation process under NAGPRA is designed to be collaborative, with tribes working closely with museums and federal agencies to determine the rightful owners of cultural items. Here’s a general overview of how the process typically unfolds:
- Consultation and Inventory: The institution holding the items begins by consulting with tribes to identify which remains and artifacts belong to them. This step often involves reviewing historical records, oral traditions, and scientific evidence.
- Claim Submission: Once the inventory is complete, tribes can submit a claim for the return of their items. The claim must include evidence that the tribe is culturally affiliated with the items in question.
- Review and Determination: The institution reviews the claim and makes a determination. If the claim is accepted, the items are returned to the tribe. If the institution disputes the claim, the tribe can appeal the decision.
- Repatriation: Once a claim is approved, the institution arranges for the return of the items. This step can involve significant logistical challenges, particularly when dealing with fragile or large items.
Perspectives on NAGPRA: Balancing Respect and Research
NAGPRA has been hailed as a significant step forward in recognizing the rights of Native American tribes and addressing historical injustices. However, like any law, it has not been without controversy.
From the Tribal Perspective: For many Native American communities, NAGPRA represents a long-overdue acknowledgment of their rights and a crucial tool for reclaiming their heritage. The return of ancestors’ remains and sacred objects is seen as a matter of respect and spiritual importance, and the law has allowed many tribes to bring their ancestors home for reburial.
From the Archaeological Perspective: Some archaeologists and institutions have expressed concerns about the impact of NAGPRA on research. Human remains and artifacts are valuable sources of information about the past, and some researchers worry that repatriation could limit access to important data. However, many in the field recognize the need for ethical considerations and have worked to find a balance between scientific inquiry and respect for indigenous rights.
Legal and Ethical Debates: NAGPRA has also sparked debates about the legal and ethical implications of repatriation. Questions about the ownership of cultural heritage, the interpretation of evidence, and the rights of descendants versus the interests of the public have all been part of the discussion.
NAGPRA in Practice: Successes and Challenges
Since its enactment, NAGPRA has led to the return of thousands of human remains and cultural items to Native American tribes. Some of the most notable successes include the repatriation of remains from major museums and universities, as well as the return of sacred objects that play a vital role in contemporary tribal ceremonies.
However, the process has not always been smooth. Some institutions have been slow to comply with NAGPRA’s requirements, and disputes over the interpretation of cultural affiliation have led to legal battles. Additionally, the looting and illegal trade of Native American artifacts remain ongoing issues, despite the protections offered by NAGPRA.
The Future of NAGPRA: Where Do We Go From Here?
NAGPRA is a living law, and its implementation continues to evolve. In recent years, there have been calls to strengthen the law, increase enforcement, and provide more resources for tribes and institutions to carry out repatriations. As awareness of indigenous rights grows, NAGPRA will likely continue to play a critical role in how the United States addresses its complex history with Native American peoples.
The importance of NAGPRA cannot be overstated. It is a testament to the progress that has been made in recognizing the rights of Native American tribes, and it serves as a reminder of the work that still needs to be done. By continuing to honor the spirit of NAGPRA, we can ensure that the past is respected, the present is acknowledged, and the future is built on a foundation of mutual understanding and respect.
Conclusion: NAGPRA’s Legacy
NAGPRA has fundamentally changed the landscape of archaeology, museum curation, and Native American rights in the United States. It has opened up a dialogue between tribes and institutions, leading to greater understanding and respect. While challenges remain, the act has set a precedent for how we can move forward in addressing the legacies of the past.
For anyone interested in the field of archaeology, museum studies, or indigenous rights, understanding NAGPRA is essential. It’s not just a law; it’s a commitment to doing right by the people whose histories we study and preserve.
References:
- U.S. National Park Service. “Native American Graves Protection and Repatriation Act (NAGPRA).” Available at: https://www.nps.gov/subjects/nagpra/index.htm
- National NAGPRA Program. “Frequently Asked Questions.” Available at: https://www.nps.gov/subjects/nagpra/faq.htm
- Smithsonian Institution. “NAGPRA and the Smithsonian Institution.” Available at: https://www.si.edu/mci/english/professional_development/NAGPRA.html