Native American Graves Repatriation Act

The Native American Graves Protection and Repatriation Act (NAGPRA) is a Federal law passed in 1990 and provides a process for museums and Federal agencies to return specific Native American items. These items can be cultural items, human remains, funerary objects, sacred objects, or objects of cultural patrimony, and returned to lineal descendants, or culturally affiliated Indian tribes and Native Hawaiian organizations. NAGPRA also provides help for unclaimed and culturally unidentifiable Native American cultural items, intentional and reckless discovery of Native American cultural items on Federal and tribal lands as well as penalties for noncompliance and illegal trafficking. Furthermore, NAGPRA provides Federal grants to Indian tribes,
Native Hawaiian organizations, and museums to assist with the documentation and repatriation of Native American cultural items. As well as doing this, NAGPRA also authorizes the Native American Graves Protection and Repatriation Review Committee to monitor the NAGPRA process and facilitate the resolution of disputes that occur concerning repatriation under NAGPRA. NAGPRA describes the rights of Native American lineal descendants, Indian tribes and Native Hawaiian organizations with respect to the treatment, repatriation and disposition of Native American human remains, funerary objects, and objects of cultural patrimony. Human remains under this act includes isolated human bones, teeth, or other kinds of human remains that may have been disturbed from a burial site. Associated funerary objects are items that are placed with human remains as part of a death rite or ceremony. This also applies to all objects that are stored together as well as objects for which records exist permitting a reasonable re-association between the funerary objects and the human remains they were buried with. Items of cultural patrimony are objects that have ongoing historical, traditional, or cultural importance to the Native American group or culture itself, rather than property owned by an individual Native American. According to the National Park Service website (NAGPRA, 2010), there are two major points that come with NAGPRA and described in detail below:
One major purpose of this law is to require that Federal agencies and museums receiving Federal funds inventory Native American human remains and funerary objects as well as provide written summaries of other cultural items. Agencies and museums must consult with Indian Tribes and Native Hawaiian organizations to attempt to reach agreements on the repatriation remains and objects. Once lineal descent or cultural affiliation has been established, affiliated Indian Tribes, or affiliated Native Hawaiian organizations make the final determination on the repatriation of these items. Disposition can also take place, which can be reburial or long term curation of these items.
The second major purpose of the law is to provide protection for Native American burial sites and control over the removal of Native American human remains, funerary objects, sacred objects, and items of cultural patrimony on Federal and tribal lands. It is required that Indian tribes or Native Hawaiian organizations be consulted when Native American cultural items are discovered on Federal or tribal lands. The removal of any of the cultural items that are found must be completed under the procedures required by the Archaeological Resources Protection Act.
All Federal agencies are responsible for complying with NAGPRA as well as public and private museums that received Federal funds, other than the Smithsonian Institution. The Smithsonian Institution is administered by the National Museum of the American Indian Act (NMAI) of 1989. This law establishes that the Secretary of the Smithsonian to prepare an inventory of all Indian and Native Hawaiian human remains and funerary objects in Smithsonian collections. The main purpose of the is to advance the study of Native Americans, to collect preserve and exhibit Native American objects and to provide for Native American research and study programs. Even though the Smithsonian is not subject to NAGPRA they are still subject to the NMAI (National Museum of the American Indian, 2014).
To summarize NAGPRA:
(1) designates that illegal trafficking in human remains and cultural items may result in criminal penalties;
(2) Authorizes the Secretary of the Interior to administer a grants program to assist museums and Indian Tribes in complying with certain requirements of the statute;
(3) Requires the Secretary of Interior to establish a Review Committee to provide advice and assistance in carrying out key provisions of the statute; (4) Authorizes the Secretary of the Interior to penalize museums that fail to comply with the statute; and,
(5) Directs the Secretary to develop regulation in consultation with this Review Committee.

NAGPRA Case Studies In 1999, Pecos National Historical Park, New Mexico and the Pueblo of Jemez formed a coalition for the repatriation and reburial of Native American ancestors.
This coalition was an outcome from history dating back to the early 1900’s, as well as working with NAGPRA since the act was established in 1990. Dr. Kidder excavated Pecos Pueblo, 1925-1929, when this property was in private ownership. In the 1900’s, there was a close relationship between Pecos Pueblo and the Pueblo of Jemez but it was abnormal to consult with Native American descendants concerning the excavation of their ancestors’ homes and graves. When NAGPRA was passed, it was made possible for remains and objects to be claimed by and returned to culturally affiliated tribes. Inventories of NAGPRA-protected human remains and cultural objects were published in the Federal Register from locations in the Pecos National Historical Park, when NAGPRA was passed; the Pueblo of Jemez claimed the inventories from the Federal
Register. In this case study, one of the main issues was the repatriation of the human remains and where they were going to be buried within the Pecos National Historical Park. The reburial of these remains consisted of 2,200 people, which gave rise to concerns as to where they would be buried. Since this was going to be a large reburial, political leaders from the pueblo and park staff had to compromise on the reburial process to not affect the parks resources. The reburial took place in 1999 under the conditions in a Special Use Permit. This reburial event consisted of many steps, some of them included (Repatriation and Reburial of Ancestors, 2004):
• Opening and closing the grave (600+ feet long by 12 feet wide, and six feet deep)
• Providing security details
• Accounting for what is in the grave
• Meeting the timetable of their religious clock
• Celebrating a successful reburial with a catered feast at the end of the day
This case study shows the positive outcomes of Native Americans and NAGPRA politicians working together.
After the reburial of the 2,067 Native American ancestors, many protocols were put in place to help when dealing with other human remain issues in the park. One protocol was for dealing with several hundred human skeletal elements that were removed from their original graves but were eroding out of piles of dirt. As well with creating new protocols, the partnership between NAGPRA and the Pueblo of Jemez, led to the creation of the Pecos Pathways program. This program is a hands-on educational program for high school students and implemented in 1998 during the reburial process. This program also gives students hands on experiences in archaeological survey, site recording, pottery making, and inventory of artifacts. Another positive result from this partnership is the continued relationship with the Pueblo of Jemez and their involvement in park activities and events. Pecos National Historic Park was the homeland for many of the Jemez families and a place the Pecos descendants stay connected to throughout the
year.