Native American Graves Protection and Repatriation Act

Native American Graves Protection and Repatriation Act
U.S. Government · Public domain · source
Shorttitle	Native American Graves Protection and Repatriation Act
Othershorttitles	NAGPRA
Longtitle	An Act to provide for the protection of Native American graves, and for other purposes.
Enacted by	101st United States Congress
Effective date	November 16, 1990
Public law url	https://www.govinfo.gov/link/plaw/101/public/601
Cite public law	101-601
Cite statutes at large	104 Stat. 3048
Codified at	25, 3001 et seq.
Introducedin	House
Introducedbill	H.R. 5237
Introducedby	Morris K. Udall (D–AZ)
Introduceddate	July 10, 1990
Committees	House Interior and Insular Affairs
Passedbody1	House
Passeddate1	October 22, 1990
Passedvote1	Voice vote
Passedbody2	Senate
Passeddate2	October 26, 1990
Passedvote2	Voice vote
Signedpresident	George H. W. Bush
Signeddate	November 16, 1990
Amendments	1996, 2010

Native American Graves Protection and Repatriation Act is a landmark United States federal law enacted in 1990 that establishes a process for the repatriation of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. It applies to federal agencies and institutions receiving federal funds, including museums, universities, and state agencies. The law represents a fundamental shift in the relationship between Native American tribes and the scientific and museum communities, recognizing tribal sovereignty over cultural heritage.

Background and legislative history

The movement for repatriation gained momentum in the 1970s and 1980s, driven by advocacy from tribal nations and organizations like the National Congress of American Indians. High-profile disputes, such as those involving the Zuni War Gods and the Lakota Ghost Dance shirts held by the Smithsonian Institution, highlighted the ethical crisis in museum collections. Key legislative precursors included the National Museum of the American Indian Act of 1989, which applied to the Smithsonian. The final bill was championed by sponsors including John McCain and Daniel Inouye, passing with broad bipartisan support and signed into law by President George H. W. Bush.

Key provisions and definitions

The law mandates that federal agencies and museums inventory and notify culturally affiliated tribes of holdings covered by the act. Key definitions include "cultural affiliation," a relationship of shared group identity based on geography, kinship, and culture. "Sacred objects" are those needed for traditional ceremonies, while "objects of cultural patrimony" are items of ongoing historical or cultural importance to the tribe itself. The act also establishes criminal penalties for trafficking in protected items and provides a process for the discovery of remains on federal or tribal lands, granting ownership or control to the affiliated tribe or, if unaffiliated, to the tribe on whose land they were found.

Implementation and compliance

Implementation is overseen by the Department of the Interior, with a review committee established to monitor progress and resolve disputes. Major repositories like the American Museum of Natural History, the Field Museum of Natural History, and the University of California, Berkeley undertook massive inventory projects. Compliance has been uneven, with some institutions criticized for slow progress or overly broad use of "culturally unidentifiable" classifications. The National Park Service administers grant programs to assist tribes and museums with the repatriation process.

Impact and controversies

The act has facilitated the return of tens of thousands of ancestors and sacred items to hundreds of tribes, including the Pawnee, Hopi, and Wampanoag. It has profoundly reshaped fields like archaeology and physical anthropology, fostering greater collaboration with tribes. Controversies persist, particularly over the definition of "cultural affiliation" for ancient remains like Kennewick Man, a case that led to the 2004 Ninth Circuit Court of Appeals ruling in Bonnichsen v. United States. Some scientists argue the law impedes research, while many tribes contend implementation remains too slow and bureaucratic.

Related legislation and international context

NAGPRA is part of a broader legal framework including the Archaeological Resources Protection Act of 1979 and the National Historic Preservation Act. Similar principles are reflected in international instruments like the United Nations Declaration on the Rights of Indigenous Peoples. Other nations have enacted comparable laws, such as Canada's policies on repatriation and the United Kingdom's Human Tissue Act 2004. In the U.S., some states, including California and Hawaii, have passed even more expansive repatriation statutes affecting state-level institutions.

Category:United States federal legislation Category:1990 in law Category:Native American history Category:Archaeological protection law