| Native American Graves Protection
and Repatriation Act (NAGPRA)
Obviously many of you have heard of the NAGPRA. There is another
repatriation law, the National Museum of the American Indian Act
(NMAI) that also makes it possible for Native Americans to request
and have returned ancestral human remains, funerary objects, sacred
objects and objects of cultural patrimony. NAGPRA contains a section
that clarifies the ownership and control of Native American human
remains and repatriatable cultural artifacts that are intentionally
excavated or inadvertently discovered on federal or Indian lands.
It also reinforces other laws that make it illegal to sell or purchase
Native American human remains.
Both NAGPRA and NMAI set up the same basic procedures for returning
materials to Native American groups. However each law deals with
different groups of institutions. NAGPRA applies to all museums
that receive federal funds, except the Smithsonian Institution.
It also applies to universities, state and federal agencies and
other organizations that receive federal funds. NMAI applies to
the Smithsonian Institution's 13 museums.
Human Remains - Not defined in the law, however,
we all know what they are.
Funerary Objects - Objects "reasonably believed
to have been placed with an individual at the time of death or later
as part of death rite or ceremony". Objects made exclusively
for burial purposes or to contain human remains. The objects related
to specific individuals, families, or known human remains, or to
a specific burial site of a culturally affiliated individual.
Sacred Objects - Specific ceremonial objects which
are needed by traditional Native American religious leaders for
the practice of traditional Native American religions by their present
day adherents.
Objects of Cultural Patrimony - An object having
on going historical, traditional, or cultural importance central
to the Native American group or culture itself, rather than property
owned by an individual Native American and which therefore cannot
be alienated, appropriated, or conveyed by any individual whether
or not the individual is a member of the Indian tribe. Such an object
shall have been considered inalienable by such Native American group
at the time the object was separated from such group.
Who can ask for things back from a museum?
To have a standing to claim under NAGPRA or NMAI you must be either
1. Lineal descendant, 2. Native American Tribe, or 3. Native Hawaiian
organization. In Alaska, a "Native American Tribe" includes
the traditional/IRA village organizations recognized by the BIA,
and the village and regional corporations established under ANCSA.
Each village has at least three possible ways to claim. A village
may make a claim through the traditional council or IRA or its village
corporation. Villages may also as the regional corporations or regional
association to submit claims on their behalf.
When are we going to get our items back from museums?
To have material returned from a museum or other organization,
a group with standing to claim must submit a letter placing a claim
on the material. The claim must to be supported by certain types
of evidence that may include geographic affiliation, oral historic
information, archaeological or anthropological data and other data.
Once a claim has been submitted, it will be evaluated and the tribe/native
group and the organization will have a consultation discussing the
claim, the evidence and possible the return of the material. Then
the museum makes a decision about returning the material. Usually
material is returned promptly, although some museums have refused
to return material. If this happens the native group may appeal
the NAGPRA Review Committee (the Smithsonian has a similar committee)
for a recommendation. The Review Committee is made up of museum
leaders, anthropologists, archaeologists and Native Americans.
How long does it take to have material returned?
It depends on what is being requested and the amount of that material.
Most museums will evaluate the claims to be sure that all the information
the museum provided to the tribe is accurate. Usually human remains
are returned as quickly as possible, however other times it can
take months or years. A lot depends on the number of humans being
returned and if the funerary objects are being retuned with the
remains. If there are only a few individuals, someone from the tribe
can usually go to the museum, take care of the paperwork and bring
the remains home. The organization for a larger return may take
longer due to packing and making shipping arrangements. Tribes also
have to be considerate the people at home who are planning the reburial
or storage of the material when it returns home.
Why are museums keeping these remains?
Most museums have kept human remains for physical anthropological
study. They were originally collected to learn more about the origins
of Native American people and to study their diseases, pathologies
and other things that can be learned from their bones. It seems
a really gruesome thing to most Native Americans because they don't
believe their ancestral remains should be disturbed. Most Native
Americans are frustrated because scientists haven't shared what
they have learned nor have they had the opportunity to be involved
with the studies. Though some museums are against returning human
remains, funerary objects and other materials, there are museums
that are anxious to work with Native American groups to send material
home.
What kind of things can we get back from museums?
It is very important that people understand that not everything
"Aleut" in a museum can be repatriated. The repatriation
laws allow the return of human remains, funerary objects, sacred
objects and objects of cultural patrimony. The objects claimed by
Native American groups must fit into the definitions established
by the law and are basically the same for both laws.
Where can I get more information?
The Aleut Repatriation Commission was organized and has
representatives from each of the Aleutian Pribilof region communities
as well as the Aleut Corporation. The Aleut Repatriation Commission
was organized to teach Aleuts about repatriation and to develop
regional repatriation policy so that we can all work together. Each
community's tribal government and village corporation appoints a
primary and alternate representative to the commission. The representatives,
along with the tribal and village corporations offices have lots
of reading material about repatriation and the minutes from our
meeting. Call the tribe or village corporation if you have an interest.
You can also call Millie McKeown, Cultural Heritage Department, Director at 800-478-2742 and if you have
any questions.
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