NAGPRA: A Review of 1995 Regulations and Current Case Law (original) (raw)
The Native American Graves Protection and Repatriation Act ((NAGPRA) 25 USC 3001 et seq.) was signed into law on November 16, 1990; although the regulations (43 CFR Part 10) for administering NAGPRA were not formally established for another five years. NAGPRA is concerned with Native American human remains, associated and unassociated funerary objects, objects of cultural patrimony, and sacred objects. NAGPRA requires Federal agencies and museums to take certain actions, within a prescribed timeframe, under the provisions of the law. For example, summaries of unassociated funerary objects, objects of cultural patrimony, and sacred objects must have been completed by November 16, 1993. Inventories of human remains and associated funerary objects must have been completed by November 16, 1995. In addition, NAGPRA requires repatriation, on request, to the culturally affiliated tribes. It also strictly limits the sale or purchase of Native American human remains and cultural objects identified in the act, whether or not they derive from Federal or Indian lands. This paper will provide an overview of NAGPRA; the effects of the recent passage of federal regulations (December 4, 1995) to implement the law; and procedural differences in how to establish cultural affiliation with remains found before and after passage of NAGPRA. A recent court case involving NAGPRA will be explored. Special emphasis will be placed on the Freedom of Information Act and what is construed as a "good faith" effort when completing an inventory.
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