What is the Native American Graves Protection and Repatriation Act?
The Native American Graves Protection and Repatriation Act (NAGPRA), enacted in November 1990, is a U.S. federal law that provides a process for museums and federal agencies to return certain Native American cultural items (such as human remains, funerary objects, and sacred objects) to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organizations. In Oregon, this law applies to all federal, state, local, and private organizations or individuals possessing such items. Under NAGPRA, museums in Oregon are required to identify and inventory remains and other culturally-significant items in their collections that are associated with Native American or Native Hawaiian origins. The museums must then work with culturally-affiliated tribes and organizations to determine the proper disposition of those items. If one or more culturally-affiliated entities make a claim to acquire the items, the museum must enter into consultation with the claimant groups to determine the future handling of the items in question. Ultimately, all culturally-affiliated entities must agree on the final disposition of the items in question. If an agreement cannot be made, then the matter must be taken to the Secretary of the Interior to make a final decision on the disposition of the items. NAGPRA applies to all remains or items excavated from federal lands and all items acquired through private or other sources. The law also requires museums to establish a process for ministry of Native American remains in their possession. Those processes must involves consulting with culturally-affiliated tribes to ensure the handling of remains is done in accordance with any tribal traditions and customs.
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