What is the Native American Graves Protection and Repatriation Act?
The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 is a federal law that protects and repatriates Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. It applies to all Native American religious and cultural items regardless of where they are located. The Act requires federal agencies, museums, universities, and other institutions that receive federal funds, to inventory and identify any Native American cultural items they have in their collections. The Act states that Native American human remains and associated funerary objects are to be returned to lineal descendants, culturally affiliated Indian tribes, and Native Hawaiian organizations. It also states that sacred objects and objects of cultural patrimony are to be returned to culturallyaffiliated Indian tribes and Native Hawaiian organizations. When human remains are not identifiable, the Act states that they are to be repatriated to the nearest culturally affiliated tribe, and that Native Hawaiian objects are to be repatriated to the nearest Native Hawaiian organization. The Act also requires museums and other organizations to consult with Native American tribes and Native Hawaiian organizations when attempting to identify Native American human remains and objects of cultural patrimony. This consultation process allows Native American tribes to determine the tribe’s origin of the items and to participate in the repatriation process. Finally, the Act provides penalties for museums and other organizations that fail to comply with the requirements of the Act. Penalties include potential fines, criminal prosecution, and the termination of federal funds. The NAGPRA is an important law that protects and repatriates Native American human remains and objects of cultural patrimony.
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