Native American Graves Protection and Repatriation Act(NAGPRA)

NAGPRA was approved November 16, 1990

NAGPRA - (Public Law 101-601) in a nutshell:

This act was approved November 16, 1990 and in summary states:

"To provide for the protection of Native American graves, and for other purposes;" clarifies the right of ownership of Indian, Alaska Native, and Native Hawaiian (Native American) human remains and artifacts, including funerary objects, religious artifacts, and objects of cultural patrimony, found on Federal or tribal lands; establishes conditions for the excavation or removal of Native American human remains or cultural artifacts, including the consent of the appropriate tribe or Native American organization; establishes notification requirements for the inadvertent discovery of Native American human remains or cultural artifacts on federal or tribal lands; establishes criminal penalties for the sale, purchase, or transport of Native American human remains or cultural artifacts without a legal right of possession; directs federal agencies and museums receiving federal assistance to identify the geographic and tribal origins of human or cultural artifacts in their collections, and require the return of the remains or artifacts to the appropriate tribe or Native American organization upon request; establishes a Department of Interior advisory committee to review the identification and repartriation precesses for Native American human remains and cultural artifacts held by federal agencies and federally assisted museums; and establishes civil penalties for museums failing to comply with requirements of this act (CIS/INDEX 1990:562).

The Paramount Principle of the Act Is Human Rights

As Arizona Senator John McCain remarked during a congressional hearing held May 14, 1990: "Above all, I am interested in a process that provides the dignity and respect that our Nation's first citizens deserve" (1990b:29). And Senator Conrad remarked during the same congressional hearing, "The other observation I have is that this almost strikes me as a lesson in etiquette, in manners, about how people treat each other. If you read this report, it is almost a rule book on how you treat others with respect" (1990:46-47).

Among other things, NAGPRA establishes criminal penalties for the sale, purchase, or transport of Native American human remains or cultural artifacts without a legal right of possession.

In June 1995, Don Stephenson, a 71 year-old, major Indian arts broker, plead guilty in the United States Court in Albuquerque, New Mexico for trying to sell a sacred Hopi Katsina mask to Stanley Marcus (of Neiman Marcus) for $16,000. For this crime, Stephenson could serve up to one year and be fined up to $100,000.

In 1978, the theft of three images, the Taalawtumsi, stalled manhood-initiation ceremonies at the village of Sungoapavi for 15 years. Several non-Indians involved in the theft and sale of the idols died violent deaths or became seriously ill, a fate Hopis said awaits those who misuse such items (Arizona Republic, June 27, 1995:A1).

Go to NAGPRA Final Rule 1995

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