key term - Native American Graves Protection and Repatriation Act

Definition

The Native American Graves Protection and Repatriation Act (NAGPRA) is a United States federal law enacted in 1990 that provides a process for the return of Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants and culturally affiliated tribes. This act addresses historical injustices by recognizing the rights of Native American tribes over their ancestral remains and cultural heritage.

5 Must Know Facts For Your Next Test

1. NAGPRA requires federal agencies and institutions that receive federal funding to inventory and assess their collections of Native American cultural items.
2. The act mandates that cultural items must be returned to the respective tribes if they can be culturally affiliated with them, promoting recognition of indigenous rights.
3. NAGPRA has led to the repatriation of thousands of Native American remains and cultural artifacts, fostering healing for many tribes affected by past injustices.
4. The act also addresses the need for consultation between museums, federal agencies, and tribes regarding the treatment of ancestral remains and cultural items.
5. NAGPRA has influenced discussions about indigenous rights and cultural preservation, highlighting the ongoing impacts of colonization on Native communities.

Review Questions

• How does NAGPRA reflect changes in social structures and political organizations within Native American communities?
  • NAGPRA represents a significant shift in recognizing the authority of Native American tribes over their own cultural heritage, which has strengthened social structures within these communities. The act empowers tribes by validating their claims to ancestral remains and artifacts, allowing them to exercise their sovereignty in cultural matters. This has led to increased political organization among tribes as they advocate for their rights and work towards the repatriation of culturally significant items.
• Discuss the implications of NAGPRA on contemporary tribal sovereignty and its role in ongoing legal battles.
  • NAGPRA plays a crucial role in affirming tribal sovereignty by legally acknowledging the rights of Native Americans to control their ancestral remains and cultural property. The act has been central in numerous legal battles where tribes seek justice against institutions that hold culturally significant items. By providing a framework for repatriation, NAGPRA not only strengthens tribal claims but also sets a legal precedent that can influence future cases related to tribal sovereignty and cultural preservation.
• Evaluate how NAGPRA has affected long-term impacts on Native communities and addressed historical injustices.
  • NAGPRA has significantly impacted Native communities by facilitating the return of ancestral remains and sacred objects, addressing long-standing grievances stemming from colonial practices. The act has fostered a renewed sense of identity and cultural continuity among tribes as they reclaim elements integral to their heritage. Moreover, NAGPRA's focus on repatriation has sparked broader conversations about social justice, highlighting the need for reparative actions that acknowledge historical wrongs while promoting healing within Native communities.

Related terms

Cultural Heritage:

The legacy of physical artifacts and intangible attributes of a group or society inherited from past generations, which includes traditions, customs, and monuments.

Repatriation:

The process of returning cultural property or human remains to their country of origin or people of origin, often linked to ethical considerations and historical injustices.

Tribal Sovereignty: The inherent authority of indigenous tribes to govern themselves within the borders of the United States, allowing them to make their own laws and regulations independent of state and federal governments.