NAGPRA

Definition

NAGPRA, or the Native American Graves Protection and Repatriation Act, is a U.S. federal law enacted in 1990 that aims to protect the rights of Native American tribes regarding their cultural heritage, specifically human remains and sacred objects. This law requires federal agencies and institutions that receive federal funding to return Native American cultural items to their respective tribes, addressing ethical concerns about the treatment of indigenous cultural artifacts and human remains.

5 Must Know Facts For Your Next Test

1. NAGPRA applies not only to Native American human remains but also to funerary objects, sacred objects, and objects of cultural patrimony.
2. The law was a response to decades of looting, excavation, and appropriation of Native American cultural artifacts by museums and collectors without proper consent.
3. Under NAGPRA, tribes have the right to claim items based on lineal descent or cultural affiliation with the items in question.
4. Museums and federal agencies are required to inventory their collections of Native American items and consult with tribes to determine rightful ownership.
5. Failure to comply with NAGPRA can result in the loss of federal funding for institutions that do not return items to their appropriate tribes.

Review Questions

• How does NAGPRA address ethical issues related to the treatment of Native American cultural items?
  • NAGPRA addresses ethical issues by mandating that federal agencies and institutions return Native American human remains and cultural items to their respective tribes. This law acknowledges the historical injustices faced by indigenous peoples regarding the collection and display of their cultural artifacts without consent. By requiring consultation with tribes and recognizing their rights over their heritage, NAGPRA promotes ethical stewardship and respect for Native American cultures.
• Discuss the implications of NAGPRA for museums and cultural institutions holding Native American artifacts.
  • NAGPRA has significant implications for museums and cultural institutions as it compels them to reevaluate their collections and policies regarding Native American artifacts. Institutions must conduct inventories and engage with tribes to determine rightful ownership, which may lead to the repatriation of many items. This law encourages museums to foster relationships with indigenous communities, promoting collaboration in exhibiting artifacts in culturally sensitive ways while reshaping how history is presented.
• Evaluate the effectiveness of NAGPRA in achieving its goals regarding cultural repatriation and tribal rights since its enactment.
  • The effectiveness of NAGPRA can be evaluated through its impact on increasing awareness around indigenous rights and cultural heritage. While it has successfully facilitated the repatriation of numerous items back to tribes, challenges remain due to inconsistent compliance among institutions and legal complexities surrounding claims. Moreover, ongoing debates about ownership and stewardship highlight the need for continued advocacy and legislative refinement to ensure that the rights of Native Americans are fully respected in the context of their cultural heritage.

Related terms

Repatriation: The process of returning cultural artifacts or human remains to their country or community of origin, especially concerning indigenous peoples.

Cultural Heritage: The legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present, and bestowed for the benefit of future generations.

Cultural Patrimony: Cultural patrimony refers to the property or items that are considered integral to the heritage and identity of a particular cultural group.