NATIONAL NAGPRA

What is The National NAGPRA program?

NATIONAL NAGPRAThe National NAGPRA Program:

• NAGPRA is The Native American Graves Protection

and Repatriation Act

http://www.nps.gov/nagpra/

NATIONAL NAGPRAThe National NAGPRA Program:

• Approved on November 16, 1990

• Address the rights of Native Americans and Native

Hawaiians to cultural items, including human

remains, funerary objects, sacred objects, and

objects of cultural patrimony

http://www.nps.gov/nagpra/

NATIONAL NAGPRAThe National NAGPRA Program:

• Native American Human Remains

• Physical remains of a human body of a person of

Native American ancestry

NATIONAL NAGPRAThe National NAGPRA Program:

• Funerary Objects

• Any object that may be a part of a burial or

ceremony, which is reasonably believed to have

been placed with or near individual human

remains at the time of death or later

NATIONAL NAGPRAThe National NAGPRA Program:

• Funerary Objects

• Associated Funerary Objects: Objects that were

made exclusively for burial purposes and are

linked with an identified set of human remains in

possession or control of a museum or federal

agency or rejoined with an identified set of

human remains

NATIONAL NAGPRAThe National NAGPRA Program:

• Funerary Objects

• Unassociated Funerary Objects: Objects in the

possession or control of a museum or federal

agency that are separated from the human

remains that were buried with or cannot be

connected to a specific individual

NATIONAL NAGPRAThe National NAGPRA Program:

• Sacred Objects- Objects of Cultural Patrimony

• Objects that have historical, traditional, or

cultural importance

NATIONAL NAGPRAThe National NAGPRA Program:

• Part of The National Park Service

• Division of the U.S. Department of the Interior

• NAGPRA Regulations are outlined in 43 CFR Part 10• http://

www.nps.gov/nagpra/mandates/43_CFR_10_12-4-95.pdf

http://www.nps.gov/nagpra/

NATIONAL NAGPRAThe National NAGPRA Program:

• Has more than a legal meaning

• Cultural

• Social

• Economic

NATIONAL NAGPRAThe National NAGPRA Program:

• Cultural: these items are significant to Native

Americans. Their thoughts, feeling, desires, and

wishes should be respected

NATIONAL NAGPRAThe National NAGPRA Program:

• Social: Burial rites are a social tradition in Native

American culture. Relationships are formed between

museums and Native American communities that

usually do not occur, at least in a respectful manner

NATIONAL NAGPRAThe National NAGPRA Program:

• Economic: Repatriations and documentation may not

occur at some museums without Federal funds. It is

an expensive effort.

NATIONAL NAGPRAThe National NAGPRA Program:

• 5 Major Provisions• 1. Resolve Rights, Return-

Guidelines to return human remains and cultural items • 2. Review Committee-

• Monitors the NAGPRA program, helps organizations with related questions

• 3. Grants-• Federal monies to organizations to help with

documentation and repatriation• 4. Civil Penalties-

• Enforce civil penalties for non-compliance• 5. Establish Crime of Trafficking

NATIONAL NAGPRAThe National NAGPRA Program:

• Jurisdiction of NAGPRA- Who must comply

• Federal Agencies

• Museums- Any institution, state, or local

government which receives Federal money,

and has possession or, or control over, Native

American cultural items

NATIONAL NAGPRAThe National NAGPRA Program:

• Who may claim items

• Lineal descendant

• Indian tribe (includes Alaska native villages and

corporations)

• Native Hawaiian organizations

NATIONAL NAGPRAThe National NAGPRA Program:

• NAGPRA Grants

• Awarded to Indian tribes, Alaska native villages

and corporations, native Hawaiian organizations,

and museums for consultation, documentation,

and repatriation of Native American cultural

items on a project-by-project basis

NATIONAL NAGPRAThe National NAGPRA Program:

• NAGPRA Grants

• Consultation Grants

• Repatriation Grants

NATIONAL NAGPRAThe National NAGPRA Program:

• NAGPRA Grants

• Consultation Grants, used to determine:

• 1. Cultural Affiliation of items

• 2. Custody

• 3. Control

• 4. Treatment

• 5. Repatriation or Disposition

NATIONAL NAGPRAThe National NAGPRA Program:

• NAGPRA Grants

• Repatriation Grants, used to :

• Transfer control to Native Americans

• They may rebury the remains and/or

artifacts, present them in museums, or do

with them whatever the group deems

acceptable

NATIONAL NAGPRAThe National NAGPRA Program:

• Resources:

• http://www.nps.gov/nagpra/INDEX.HTM

• http://www.cr.nps.gov/local-law/FHPL_NAGPRA.pdf

• http://www.nps.gov/nagpra/MANDATES/INDEX.HTM

• http://www.nps.gov/nagpra/ONLINEDB/INDEX.HTM

• http://www.repatriationfoundation.org/

• http://www.in.gov/dnr/historic/3796.htm