Native American Graves Protection Act

Definition

The Native American Graves Protection Act (NAGPRA) is a federal law enacted in 1990 that provides a process for 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 significant as it recognizes the rights of Native American tribes to reclaim their ancestral remains and cultural artifacts, addressing historical injustices and contributing to the preservation of cultural identity.

5 Must Know Facts For Your Next Test

1. NAGPRA mandates that federal agencies and institutions that receive federal funding must inventory human remains and cultural items in their possession and notify affiliated tribes.
2. The act aims to prevent the commercialization of Native American cultural items and emphasizes respect for Indigenous beliefs and practices related to burial and ancestral remains.
3. NAGPRA includes provisions for both the return of items to tribes and consultations between tribal representatives and institutions regarding the treatment of remains and artifacts.
4. The act has led to numerous successful repatriations, helping tribes reclaim significant cultural items that hold spiritual and historical importance.
5. NAGPRA reflects a broader movement towards recognizing Indigenous rights and sovereignty, fostering a renewed understanding of the importance of cultural identity in Native American communities.

Review Questions

• How does the Native American Graves Protection Act address historical injustices faced by Native American communities?
  • The Native American Graves Protection Act directly confronts historical injustices by establishing legal pathways for tribes to reclaim their ancestral remains and culturally significant items that were often taken without consent. By prioritizing the rights of Native American tribes over institutional ownership, NAGPRA acknowledges past wrongs related to colonization and cultural erasure. This legislation also serves as a platform for reconciliation, helping to heal relationships between Indigenous communities and museums or federal agencies holding these items.
• Discuss the implications of NAGPRA for archaeological practices in relation to Indigenous cultures.
  • NAGPRA has significantly impacted archaeological practices by requiring archaeologists to consider the cultural significance of human remains and artifacts. It fosters collaboration between archaeologists and Native American tribes, promoting ethical research practices that respect Indigenous perspectives. Additionally, NAGPRA encourages archaeologists to engage in meaningful dialogue with tribal representatives during excavations or research projects, which helps in preserving cultural integrity and ensuring that excavation practices align with tribal values.
• Evaluate the effectiveness of NAGPRA in promoting cultural identity among Native American tribes since its enactment.
  • The effectiveness of NAGPRA in promoting cultural identity among Native American tribes can be seen through increased repatriations and a strengthened sense of community. By allowing tribes to reclaim important cultural items, NAGPRA helps revitalize traditions and practices that may have been lost or suppressed over time. However, challenges remain, such as varying levels of compliance from institutions and ongoing disputes over ownership. Nevertheless, the act has fundamentally changed how Indigenous communities view their history and heritage, empowering them to assert their identities within contemporary society.

Related terms

Cultural Patrimony: Cultural patrimony refers to objects that are central to the cultural heritage of a group and cannot be owned by individuals, but are instead considered communal property.

Repatriation: Repatriation is the process of returning cultural artifacts or human remains to their country or culture of origin.

Archaeological Ethics: Archaeological ethics involve the moral principles guiding the conduct of archaeologists, particularly regarding the treatment and interpretation of human remains and cultural heritage.