What is the Native American Graves Protection and Repatriation Act?
The Native American Graves Protection and Repatriation Act (NAGPRA) was passed by Congress in 1990 and is enforced by the Department of Interior. NAGPRA applies to most Native American tribes within the United States, including those located in New York. The primary purpose of the Act is to provide for "the protection of Native American cultural items, including graves and funeral objects, from unauthorized exploitation and to promote the repatriation of such items to the tribes from which they originated." It also provides a process to repatriate such items that are excavated, discovered, or otherwise obtained on federal or tribal lands, or owned and controlled by museums and federal agencies. NAGPRA requires federal agencies and institutions that receive federal funding to inventory and identify any Native American cultural items in their collections, and to consult with Native American tribes that may be culturally affiliated with those items. After consultation, the institutions and agencies must take steps to repatriate those cultural items to the culturally affiliated tribes. Those tribes may then decide how to dispose of the items or objects. The Act also protects Native American graves and burial sites on federal and tribal lands from being disturbed or removed without permission from the relevant Native American tribess. It is important to note that the provisions of NAGPRA are separate and distinct from federal and state laws that protect archaeological sites.
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