NAGPRA - Native American Graves Protection and Repatriation Act

Definition

NAGPRA is a federal law enacted in 1990 that provides a framework for the repatriation of Native American human remains and cultural items to their respective tribes. This act is crucial in addressing issues of cultural property rights, ensuring that Indigenous peoples have a say in the treatment of their ancestral remains and cultural heritage, while also highlighting the need for respectful and ethical stewardship of these important resources.

5 Must Know Facts For Your Next Test

1. NAGPRA applies to federal agencies and institutions that receive federal funding, mandating them to inventory and repatriate Native American human remains and cultural items.
2. Under NAGPRA, tribes have the right to claim their ancestors' remains and cultural property, which is critical in rectifying historical injustices faced by Indigenous peoples.
3. The act defines cultural items broadly, including not just human remains but also sacred objects, funerary objects, and objects of cultural patrimony.
4. NAGPRA also establishes penalties for non-compliance by institutions that fail to follow repatriation protocols, highlighting the importance of adhering to ethical standards.
5. Public awareness and advocacy for NAGPRA have increased since its enactment, leading to more tribes engaging in repatriation efforts and reclaiming their heritage.

Review Questions

• How does NAGPRA impact the relationship between federal institutions and Native American tribes regarding cultural property rights?
  • NAGPRA significantly impacts the relationship between federal institutions and Native American tribes by establishing legal obligations for these institutions to repatriate ancestral remains and cultural items. This law empowers tribes to assert their rights over their own cultural heritage, fostering dialogue and cooperation. The act emphasizes respect for Indigenous rights and addresses historical grievances by providing a legal framework for the return of culturally significant materials.
• Discuss the role of NAGPRA in promoting ethical stewardship of cultural resources within U.S. institutions.
  • NAGPRA promotes ethical stewardship of cultural resources by requiring U.S. institutions to inventory their collections and assess claims made by Native American tribes. This process ensures that institutions are held accountable for how they manage Native American artifacts. The act encourages collaborative relationships between museums, universities, and tribes, leading to increased sensitivity towards Indigenous cultures and a commitment to ethical practices in preserving and displaying cultural heritage.
• Evaluate the effectiveness of NAGPRA in achieving its goals since its enactment in 1990, considering ongoing challenges faced by Native American tribes.
  • Since its enactment in 1990, NAGPRA has made significant strides in repatriating Native American human remains and cultural items. However, its effectiveness is often challenged by ongoing legal battles, varying interpretations of the law, and institutional resistance. While many tribes have successfully reclaimed their heritage, there remain issues with compliance among certain institutions. Furthermore, some tribes continue to advocate for broader definitions of ownership that include sacred objects not currently covered under NAGPRA, reflecting an ongoing struggle for full recognition of their rights.

Related terms

Cultural Heritage: The legacy of physical artifacts and intangible attributes of a group or society, encompassing traditions, monuments, objects, and practices inherited from past generations.

Repatriation:

The process of returning cultural artifacts or human remains to their country or culture of origin, often driven by ethical considerations and cultural rights.

Cultural Resource Management (CRM): A field dedicated to managing and preserving cultural heritage sites and artifacts, often involving compliance with laws like NAGPRA to protect Indigenous interests.