1. Native American Graves Protection and Repatriation Act (NAGPRA)
Clifford T. Brown

2. NAGPRA Human rights/civil rights legislation Main regs: 43 CFR 10
Passed in part as a reaction to ARPA
Smithsonian governed by separate but similar law
Main regs: 43 CFR 10
Can be divided into two parts:
A retrospective portion that applied to collections in hand on the date the law was passed (November 16, 1990)
A prospective portion that applies to collections acquired or projects undertaken after the law was passed
Applies to federal agencies and museums receiving federal funds
Applies to Federally recognized tribes, Native Alaskans, and Native Hawaiians
Definitions:
Human remains (but not if naturally shed)
Associated funerary objects
Unassociated funerary objects
Sacred objects
Objects of cultural patrimony

3. Retrospective portion
Requires summaries and inventories of cultural items in existing collections by specified deadlines
Summaries of unassociated funerary objects, sacred items and objects of cultural patrimony
By 3 years after the law was passed (I.e., by 1993)
Inventories of human remains and associated funerary objects
By 5 years after the law was passed (I.e., by 1995)
Ironically, regulations only issued in 1995

4. Summaries and inventories
Should be developed in consultation with potential claimants and interested parties
Else, how do you know what is, say, sacred?
Have to be provided to interested parties (Indian tribes) under specified circumstances
Have to be sent to National NAGPRA program office
Potential claimants file claims for repatriation with Federal agency or other institution
Law specifies order of priority for repatriation
Lineal descendants first
Tribe that owns the land next
Culturally affiliated tribes later

5. Prospective portion
Federal agencies have to consult with tribes before excavating NAGPRA cultural items.
Properly, this means consulting in advance of any action that might produce NAGPRA items
Can create comprehensive agreements with tribes to minimize disruption to routine business
Excavated cultural items get repatriated to tribe(s)
Trafficking in human remains is illegal