What is the Native American Graves Protection and Repatriation Act?
The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law enacted in 1990 that requires the preservation and protection of Native American graves, as well as the return of certain Native American cultural items to Native American tribes. This law applies to any Native American individual, tribe, or Native Hawaiian organization. In Utah, NAGPRA requires any party that possesses Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony to return them to any living lineal descendants of the Native American tribe or Native Hawaiian organization that the objects are affiliated with. Additionally, NAGPRA requires state and federal agencies and certain institutions to inventory and identify Native American cultural items in their possession. This inventory is to then be sent to the Secretary of the Interior for review and, if necessary, returned to the relevant Native American tribe or Native Hawaiian organization. In order to receive a return of a cultural item, the Native American tribe or Native Hawaiian organization must provide proof that they are the appropriate descendant of the tribe or organization to whom the item belongs. Furthermore, state and federal agencies must consult with relevant Native American tribes or organizations to ensure that all agreed-upon terms are met before the item is returned. Overall, the Native American Graves Protection and Repatriation Act is an important law that ensures the respect and preservation of Native American graves, as well as the return of certain Native American cultural items to the appropriate Native American tribe or Native Hawaiian organization.
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