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
Longtitle	An Act to provide for the protection of Native American graves, and for other purposes
Enactedby	101st United States Congress
Citations	25 U.S.C. § 3001 et seq.
Signeddate	November 16, 1990
Signedby	George H.W. Bush

Native American Graves Protection and Repatriation Act is a federal law that aims to protect the rights of Native Americans and their cultural heritage, particularly with regards to the treatment of their ancestors' remains and sacred objects. The law was enacted in response to the long history of cultural appropriation and desecration of Native American graves and cultural sites, which was often perpetuated by museums, universities, and other institutions, such as the Smithsonian Institution and Harvard University. The law has been instrumental in promoting the repatriation of Native American remains and cultural items to their communities of origin, including the Navajo Nation, Cherokee Nation, and Seminole Tribe of Florida. This effort has been supported by various organizations, including the National Congress of American Indians, Native American Rights Fund, and the Indian Arts and Crafts Association.

● Introduction

The Native American Graves Protection and Repatriation Act was a landmark legislation that marked a significant shift in the way the United States government approached the treatment of Native American cultural heritage. The law was influenced by the work of Native American leaders, such as Wilma Mankiller, Vine Deloria Jr., and Suzan Shown Harjo, who advocated for the protection of their communities' cultural rights. The law has been compared to other legislation, such as the American Indian Religious Freedom Act and the Indian Child Welfare Act, which also aim to protect the rights of Native Americans. The Native American Graves Protection and Repatriation Act has been recognized by international organizations, including the United Nations, as a model for the protection of indigenous cultural heritage.

● Legislative History

The Native American Graves Protection and Repatriation Act was introduced in the 101st United States Congress by Senator Daniel Inouye and Representative Morris Udall, with the support of various Native American organizations, including the National Tribal Chairmen's Association and the Native American Church. The law was passed by the United States Senate and the United States House of Representatives and was signed into law by President George H.W. Bush on November 16, 1990. The law has been amended several times, including in 1992 and 1996, to clarify its provisions and requirements. The legislative history of the law has been studied by scholars at institutions such as Yale University, University of California, Berkeley, and University of Arizona.

● Provisions and Requirements

The Native American Graves Protection and Repatriation Act requires museums and other institutions that receive federal funding to inventory and repatriate Native American cultural items, including human remains, funerary objects, and sacred objects, to their communities of origin. The law also establishes a review committee, known as the Native American Graves Protection and Repatriation Review Committee, to oversee the repatriation process and provide guidance to institutions. The law applies to institutions such as the Field Museum of Natural History, American Museum of Natural History, and Peabody Museum of Archaeology and Ethnology, which have significant collections of Native American cultural items. The law has been implemented in conjunction with other laws, such as the Archaeological Resources Protection Act and the National Historic Preservation Act.

● Implementation and Impact

The implementation of the Native American Graves Protection and Repatriation Act has been a complex and ongoing process, involving the collaboration of Native American communities, museums, and other institutions. The law has resulted in the repatriation of thousands of Native American cultural items, including human remains, to their communities of origin. The law has also promoted a greater awareness and respect for Native American cultural heritage, particularly among museums and other institutions. The impact of the law has been studied by scholars at institutions such as University of Michigan, University of Wisconsin–Madison, and Dartmouth College. The law has been recognized as a model for the protection of indigenous cultural heritage by countries such as Canada, Australia, and New Zealand.

● Controversies and Challenges

The implementation of the Native American Graves Protection and Repatriation Act has not been without controversy and challenges. Some museums and institutions have resisted the repatriation of Native American cultural items, citing concerns about the loss of cultural and historical significance. Other challenges have included the difficulty of identifying the communities of origin for certain cultural items and the need for greater funding and resources to support the repatriation process. The law has been the subject of litigation, including the case of Bonnichsen v. United States, which involved the repatriation of Native American remains found in Kennewick, Washington. The controversy surrounding the law has been discussed by scholars such as James Anaya, S. James Anaya, and Robert Williams (law professor).

● Cultural Significance and Legacy

The Native American Graves Protection and Repatriation Act has significant cultural and historical importance, marking a major shift in the way the United States government approaches the treatment of Native American cultural heritage. The law has promoted a greater awareness and respect for Native American cultural heritage, particularly among museums and other institutions. The law has also inspired similar legislation in other countries, such as Canada's First Nations Grave and Burial Protection Act. The cultural significance of the law has been recognized by Native American leaders, such as Wilma Mankiller and Vine Deloria Jr., who have praised the law as a major step forward in the protection of Native American cultural rights. The legacy of the law continues to be felt today, with ongoing efforts to repatriate Native American cultural items and promote a greater understanding and respect for Native American cultural heritage, including at institutions such as the National Museum of the American Indian and the Indian Pueblo Cultural Center.

Category:United States federal legislation