Native American Graves Protection and Repatriation Act (NAGPRA)
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| Native American Graves Protection and Repatriation Act (NAGPRA) | |
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| Name | Native American Graves Protection and Repatriation Act |
| Enacted | 1990 |
| Jurisdiction | United States |
| Introduced by | Senator Daniel Inouye, Representative Mo Udall |
| Signed by | President George H. W. Bush |
| Effective | 1990 |
| Key provisions | Repatriation of human remains, funerary objects, sacred objects, cultural patrimony |
Native American Graves Protection and Repatriation Act (NAGPRA) The Native American Graves Protection and Repatriation Act was enacted in 1990 to address the disposition of human remains and cultural items recovered from federal and tribal lands. It established processes for museums, federal agencies, and federally recognized tribes and Native Hawaiian organizations to inventory, consult, and repatriate items, reshaping relationships among Smithsonian Institution, National Park Service, Bureau of Indian Affairs, and over 500 federally recognized tribes.
Background and Legislative History
The statute emerged amid advocacy by tribal leaders such as Wilma Mankiller advocates and scholars like Alvin Josephy Jr. and organizations including the National Congress of American Indians and the American Indian Movement. Legislative momentum built after high-profile disputes involving institutions such as the Smithsonian Institution and excavations at sites like Mound 72 and Poverty Point. Congressional hearings featured testimony referencing treaties such as the Treaty of Fort Laramie (1868) and legal precedents including The Indian Reorganization Act debates. Sponsors Senator Daniel Inouye and Representative Mo Udall navigated contention from museum associations including the American Alliance of Museums and academic bodies like the Society for American Archaeology to produce the compromise enacted by President George H. W. Bush.
Provisions and Requirements
Key provisions require institutions receiving federal funding, including the Smithsonian Institution and university museums such as Harvard University and University of California, Berkeley, to inventory Native American human remains and cultural items. The law mandates notices to tribes represented by entities such as the National Congress of American Indians and consultation with federally recognized tribes like the Navajo Nation, Cherokee Nation, Choctaw Nation, and Hopi Tribe. It defines categories—funerary objects, sacred objects, and cultural patrimony—and establishes requirements for federal agencies such as the Bureau of Land Management, National Oceanic and Atmospheric Administration, and U.S. Forest Service for inadvertent discoveries on lands managed under statutes like the Antiquities Act and National Historic Preservation Act.
Implementation and Administration
Administration rests with the National Park Service under rules coordinated with the Department of the Interior and the National Museum of the American Indian. Implementation involved creation of the NAGPRA Review Committee composed of members from tribal governments, museums, and federal agencies. Major repositories—American Museum of Natural History, Field Museum, Peabody Museum of Archaeology and Ethnology, and National Museum of Natural History—developed inventories and consultation protocols, often engaging consultants from organizations such as the Association of Tribal Archives, Libraries, and Museums and the American Association of Museums.
Repatriation Process and Criteria
The repatriation process requires museums and agencies to compile inventories, publish notices in venues like Federal Register, and consult with claimant tribes including Tlingit, Lakota, Comanche, Pueblo of Acoma, and Yakama Nation. Claims hinge on demonstrated cultural affiliation or status as cultural patrimony, invoking comparative evidence from archaeological sites such as Chaco Canyon, ethnographic records from scholars like James Mooney, oral histories from leaders such as Wilma Mankiller, and provenance records from institutions like Smithsonian Institution. The NAGPRA Review Committee mediates disputed claims and may consider submissions referencing events like the Trail of Tears or collections obtained during expeditions led by figures such as John Wesley Powell.
Legal Challenges and Court Cases
Litigation over NAGPRA has involved parties including the Hopi Tribe, Gila River Indian Community, and museums such as Yale University and Case Western Reserve University. Notable cases addressed issues of standing, definitions of cultural affiliation, and applicability to state laws, with decisions by courts including the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court considering intersections with statutes like the National Historic Preservation Act. Disputes sometimes referenced archaeological fieldwork by figures such as Nels C. Nelson and collections practices at institutions like the Peabody Museum.
Impact on Indigenous Communities
NAGPRA has facilitated repatriation to tribes and Native Hawaiian organizations including the Hopi Tribe, Lumbee Tribe of North Carolina, and Native Hawaiian Organization. Repatriations have influenced tribal cultural revitalization projects at places such as Taos Pueblo and museums like the Autry Museum of the American West, and have reshaped scholarship at universities including University of Arizona and University of California, Los Angeles. The law has supported tribal sovereignty initiatives and consultations in land management at sites including Mesa Verde National Park and Cahokia Mounds.
Criticisms and Controversies
Critics from academic institutions such as Harvard University and professional associations including the Society for American Archaeology have argued over evidentiary standards and impacts on research collections. Tribes and advocates sometimes contend that repatriation has been slowed by institutions like the Field Museum and procedural obstacles in the NAGPRA Review Committee process. High-profile controversies involved remains once held by the Smithsonian Institution and collections amassed during 19th-century expeditions led by figures such as Bartolomé de las Casas controversies in provenance. Debates continue over balancing scholarly access at institutions like Peabody Museum of Archaeology and Ethnology with tribal rights asserted by entities including the National Congress of American Indians and individual tribes such as the Chippewa, Osage Nation, and Seminole Tribe of Florida.