Native American Graves Protection and Repatriation Act (NAGPRA)

Definition

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law enacted in 1990 that mandates the return of Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony, to their respective tribes. This act is crucial in addressing historical injustices faced by Indigenous peoples regarding the treatment of their ancestors and cultural artifacts, reinforcing the rights of tribes over their cultural heritage and promoting the repatriation process.

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 human remains and cultural items in their collections.
2. The act establishes procedures for tribes to claim ownership of cultural items and requires institutions to consult with tribes about items with cultural significance.
3. NAGPRA aims to facilitate the repatriation of culturally significant items back to Indigenous communities, acknowledging their inherent rights to their cultural heritage.
4. The act has led to significant returns of artifacts and remains to various tribes, fostering stronger relationships between Indigenous peoples and cultural institutions.
5. NAGPRA is an important legal framework that recognizes the historical trauma caused by the removal and display of Native American remains and artifacts, serving as a step toward healing for many communities.

Review Questions

• How does NAGPRA empower Native American tribes in the context of their cultural heritage?
  • NAGPRA empowers Native American tribes by legally recognizing their rights to reclaim human remains and culturally significant items held by federal agencies and institutions. The act mandates that these entities conduct inventories of such items and establish consultation processes with tribes. This legal backing supports tribes in asserting ownership over their ancestral belongings and promotes a deeper understanding of their cultural significance.
• Discuss the implications of NAGPRA for museums and educational institutions holding Native American artifacts.
  • NAGPRA has significant implications for museums and educational institutions as it requires them to reevaluate their collections involving Native American artifacts. Institutions must inventory items, engage in consultation with tribes, and potentially return culturally significant items. This process encourages these organizations to foster ethical practices regarding Indigenous representation while also building partnerships with Native communities. By following NAGPRA guidelines, museums can contribute to reconciliation efforts surrounding historical injustices.
• Evaluate the impact of NAGPRA on broader discussions about cultural appropriation and intellectual property rights related to Indigenous cultures.
  • NAGPRA has a profound impact on discussions about cultural appropriation and intellectual property rights by establishing a legal framework that affirms the rights of Indigenous peoples over their cultural heritage. It challenges practices that have historically exploited Indigenous cultures without permission while promoting respect for their traditions and intellectual property. As a result, NAGPRA has encouraged a shift in how society perceives Indigenous cultural expressions, emphasizing the importance of consent and ownership in addressing past wrongs. This creates a precedent for ongoing conversations about the rights of Indigenous communities in various aspects, including arts, crafts, and traditional knowledge.

Related terms

Repatriation: The process of returning cultural items, artifacts, or human remains to their rightful owners or descendants, often in the context of Indigenous peoples reclaiming their cultural heritage.

Cultural Heritage: The legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations and maintained in the present, including traditions, practices, and sites.

Cultural Appropriation:

The adoption or use of elements of one culture by members of another culture, often without permission and in a way that can be considered disrespectful or exploitative.