Native American Graves Protection and Repatriation Act

Definition

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law enacted in 1990 that provides a process for museums and federal agencies to return Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony, to their respective tribes. This act emphasizes the legal and ethical responsibilities of institutions in managing Native American cultural heritage and supports the repatriation of cultural property to Indigenous communities.

5 Must Know Facts For Your Next Test

1. NAGPRA applies to all federal agencies and institutions that receive federal funding, requiring them to inventory Native American remains and cultural items.
2. The act recognizes the sovereignty of Native American tribes and their rights to reclaim ancestral remains and cultural items based on proven lineal descent or cultural affiliation.
3. NAGPRA established a process for tribes to assert claims for repatriation, allowing them to work with museums and federal agencies to facilitate the return of their cultural heritage.
4. The act has led to the successful repatriation of thousands of Native American remains and cultural items since its implementation.
5. NAGPRA also addresses the protection of Native American burial sites, ensuring they are not disturbed by excavation or development projects.

Review Questions

• How does NAGPRA address the relationship between museums and Native American tribes regarding cultural heritage?
  • NAGPRA establishes a framework for museums and federal agencies to interact with Native American tribes concerning cultural heritage. It requires these institutions to inventory Native American human remains and artifacts and allows tribes to claim repatriation based on cultural affiliation or lineal descent. This law fosters dialogue and respect between Indigenous communities and museums, promoting ethical management of cultural heritage.
• Discuss the implications of NAGPRA on the preservation of Native American burial sites and the responsibilities of federal agencies.
  • NAGPRA has significant implications for preserving Native American burial sites by mandating that federal agencies protect these areas from disturbances. Federal agencies are required to consult with tribes about burial site protection measures, ensuring that excavation or development activities do not jeopardize these culturally sensitive locations. This responsibility highlights the legal obligation institutions have towards Indigenous communities in safeguarding their ancestral lands.
• Evaluate the impact of NAGPRA on contemporary relationships between Indigenous communities and academic institutions in terms of cultural property rights.
  • The impact of NAGPRA on contemporary relationships between Indigenous communities and academic institutions has been profound. It has prompted institutions to reassess their collections, engage in dialogues with tribes, and develop policies that honor Indigenous rights over cultural property. While NAGPRA represents progress in repatriation efforts, challenges remain as some institutions resist compliance or grapple with complex claims. Ongoing discussions about ethical stewardship continue to shape these relationships, emphasizing the need for mutual respect and collaboration in preserving cultural heritage.

Related terms

Cultural Heritage:

The legacy of physical artifacts and intangible attributes of a group or society inherited from past generations.

Repatriation: The process of returning cultural property or human remains to their country or culture of origin.

Cultural Property: Items, artifacts, and structures that have cultural significance, often recognized by the communities to which they belong.