Native American Graves Protection and Repatriation Act (NAGPRA)

Definition

NAGPRA is a federal law enacted in 1990 aimed at protecting Native American graves and facilitating the return of cultural items to their respective tribes. The act establishes a framework for the repatriation of human remains, funerary objects, sacred objects, and objects of cultural patrimony held by federal agencies and museums. NAGPRA acknowledges the importance of cultural heritage and aims to address the historical injustices faced by Native American communities regarding the treatment of their ancestral remains and cultural artifacts.

5 Must Know Facts For Your Next Test

1. NAGPRA requires federal agencies and institutions that receive federal funding to inventory their collections of Native American human remains and cultural items and notify tribes about them.
2. Under NAGPRA, tribes can assert claims for the repatriation of remains and cultural items, leading to significant changes in how museums and federal agencies handle such collections.
3. The act establishes legal procedures for the resolution of disputes over repatriation claims between tribes and institutions.
4. NAGPRA also emphasizes the need for consultation with Native American tribes regarding the treatment of their ancestors' remains and associated artifacts.
5. The implementation of NAGPRA has encouraged many institutions to develop ethical guidelines for the care and management of Native American collections.

Review Questions

• How does NAGPRA impact the relationship between Native American tribes and federal agencies regarding the management of cultural artifacts?
  • NAGPRA significantly alters the relationship between Native American tribes and federal agencies by mandating that these agencies inventory their collections of Native American remains and cultural items. This law empowers tribes to assert claims for the return of their ancestors' remains and associated artifacts, fostering a dialogue that was historically lacking. It ensures that tribal perspectives are considered in decisions about cultural heritage, thereby promoting respect and collaboration between these entities.
• Evaluate the effectiveness of NAGPRA in addressing historical injustices faced by Native American communities concerning their cultural heritage.
  • NAGPRA has made substantial strides in addressing historical injustices by legally recognizing the rights of Native American tribes to reclaim their ancestors' remains and cultural artifacts. While it has facilitated repatriation efforts, challenges remain, such as disputes over ownership and varying interpretations of the law. The effectiveness of NAGPRA can be seen in the increased awareness among museums about ethical practices related to Indigenous collections, but its full impact continues to evolve as more cases are resolved.
• Propose ways that NAGPRA can be improved to better serve Native American communities in repatriating their cultural heritage.
  • To improve NAGPRA, additional resources could be allocated for tribal education programs on legal processes involved in repatriation. Establishing clearer guidelines for museums on consultation practices with tribes can enhance transparency and collaboration. Furthermore, expanding NAGPRA's scope to include state-funded institutions could facilitate more comprehensive repatriation efforts. Incorporating community-based participatory research into collections management may also help build trust and ensure that tribal voices are central to discussions about their cultural heritage.

Related terms

Repatriation:

The process of returning cultural artifacts or human remains to their rightful owners or descendants, particularly in the context of Native American tribes.

Cultural Heritage:

The legacy of physical artifacts and intangible attributes inherited from past generations, which contributes to a community's identity and history.

Federal Acknowledgment: The process by which a Native American tribe is recognized by the federal government, granting them certain rights and access to resources, including those related to NAGPRA.