NAGPRA

Definition

NAGPRA stands for the Native American Graves Protection and Repatriation Act, which is a federal law enacted in 1990. This law aims to protect Native American burial sites and allows tribes to reclaim ancestral remains and cultural artifacts that have been removed from their lands. NAGPRA is a crucial piece of legislation that addresses the historical injustices faced by Native Americans regarding the treatment of their cultural heritage, particularly in relation to repatriation and tribal governance.

5 Must Know Facts For Your Next Test

1. NAGPRA applies to all federal agencies and institutions that receive federal funding, including museums and universities, requiring them to inventory Native American remains and artifacts.
2. The law mandates that institutions must consult with tribes to determine the cultural affiliation of remains and objects, facilitating the return of items to the appropriate tribes.
3. NAGPRA has led to the return of thousands of ancestral remains and cultural items to tribes, promoting healing and restoration of cultural practices.
4. The act also includes provisions for protecting gravesites on federal land, making it illegal to excavate or disturb burial sites without proper permits.
5. NAGPRA has sparked ongoing discussions about ethics, identity, and the rights of indigenous people in relation to their cultural heritage.

Review Questions

• How does NAGPRA influence contemporary tribal governance and decision-making within Native American communities?
  • NAGPRA significantly influences contemporary tribal governance by empowering Native American communities to reclaim their ancestral remains and cultural artifacts. The act encourages tribes to establish their own policies regarding cultural heritage and reinforces their authority over these resources. This reclamation process fosters a sense of identity and community, allowing tribes to maintain traditional practices and strengthen their governance structures by prioritizing their cultural values.
• Discuss the implications of NAGPRA for museums and institutions that hold Native American artifacts. What responsibilities do they have under this law?
  • NAGPRA imposes specific responsibilities on museums and institutions that house Native American artifacts. These entities must inventory their collections, identify culturally affiliated tribes, and engage in consultations with those tribes. They are required to repatriate items that belong to specific communities, respecting the wishes of those tribes regarding their cultural heritage. Failure to comply with NAGPRA can result in legal challenges, highlighting the importance of ethical stewardship in managing indigenous collections.
• Evaluate the impact of NAGPRA on the relationship between federal authorities and Native American tribes concerning cultural heritage rights.
  • NAGPRA has fundamentally changed the relationship between federal authorities and Native American tribes regarding cultural heritage rights by fostering a more collaborative approach. The act acknowledges historical injustices faced by indigenous peoples and grants them a legal framework to reclaim their heritage. This shift has prompted federal agencies to engage more directly with tribal leaders, promoting dialogue and respect for tribal sovereignty. The ongoing implementation of NAGPRA reflects an evolving understanding of indigenous rights in the context of American law, highlighting a commitment to rectify past wrongs while empowering Native communities.

Related terms

Repatriation: The process of returning cultural artifacts and human remains to their respective indigenous communities or nations.

Cultural Heritage: The legacy of physical artifacts and intangible attributes of a group or society inherited from past generations, which is significant to their identity.

Tribal Sovereignty: The right of tribes to govern themselves and make decisions over their own affairs without external interference.