The Native American Graves Protection and Repatriation Act in its first decade

Abstract

The Native American Graves Protection and Repatriation Act (NAGPRA) is the keystone in the legal framework for protecting and repatriating indigenous heritage within the United States, despite its recent enactment in 1990 and the limiting word “graves” in its title. NAGPRA first confirms indigenous ownership or control over native cultural items found on federal and tribal lands. This chapter examines issues of implementation and dispute resolution that have emerged during NAGPRA’s first decade. It also summarizes the law’s provisions, origins, legal foundations, and benefits. The chapter comments on three of the most significant aspects of implementing NAGPRA. Many museums and institutions have struggled with the summary and inventory process in order to come into compliance with NAGPRA. NAGPRA’s requirement of establishing “cultural affiliation” rests on an anthropological understanding of the concept of culture. The issue of cultural affiliation is compounded by the existence of many federally unrecognized tribes.