What is the Native American Graves Protection and Repatriation Act?

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law passed in 1990 that regulates the handling of certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. The law requires that any such items excavated or otherwise removed from Indian lands be returned to the appropriate Indian tribe or Native Hawaiian organization. The law also recognizes the rights of tribes, native Hawaiian organizations, and lineal descendants of the deceased to repatriate these items with proper notification. In Indiana, NAGPRA applies to Native American burial sites and other sacred sites located on public lands, as well as those located on private property. The law also specifically protects Native American graves located on state land. When a discovery is made, the local Native American Indian tribes or Native Hawaiian organizations must be notified and given an opportunity to participate in the process. Additionally, NAGPRA requires that a scientific study of the site and its contents be conducted prior to any removal or disturbance of the graves or artifacts by a qualified archaeologist. Furthermore, the law requires that the remains be returned to the appropriate tribal group or lineal descendants and that the associated funerary objects be given to the tribe or lineal descendants. If the tribe does not want to accept the remains, they must be properly re-interred and any associated funerary objects must be stored in an appropriate location. NAGPRA provides an important recognition of the rights of Native American groups and their descendants. It is essential in ensuring the proper treatment of Native American human remains and artifacts and that these individuals’ cultural and religious beliefs are respected.

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What is the Native American Graves Protection and Repatriation Act?

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