This study was undertaken to prepare a substantive foundation for assessing the implementation of the Native American Graves Protection and Repatriation Act (NAGPRA) and identifying where improvements might be made.

The Background section of this report includes historic information that describes one systemic effort that led to Native American ancestors and objects becoming separated from their local communities.  The Research Findings section includes original research, analysis of existing public information, and two national surveys conducted to determine how the Act is being implemented and how Federal agencies and Native Americans are working together to achieve the goals of the Act. Findings and Recommendations included in this report reflect the current state of Federal agency compliance with the Act, as of May 2008. 

Foreword and Part I - Executive Summary

Part II - Background

Part III - Research Findings

Part IV - Recommendations

Appendix A - Summaries of Law and Regulations

Appendix B - Survey Respondents

Appendix C - Federal NAGPRA Appropriations and Grant History

Appendix D - Notice of Inventory Completion Chart

Appendix E - Letter From National NAGPRA Program to Grand Canyon NP

Appendix F - "Federal Agency Statistics," 2006

Appendix G - Two High-Profile Federal-Tribal Case Studies

Author's Page and Acknowledgments

Front and Back Covers

Zipped copy of entire report (11.9MB)

 

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There are two different federal laws that mandate repatriation programs.  One is operated by the U.S. Department of the Interior, National Park Service (NPS) National NAGPRA Program and the Park NAGPRA Program, and the other applies to the Smithsonian Institution.

* National Park Service NAGPRA program was created by Public Law 101-601 on November 16, 1990. (25 U.S.C. 3001 et seq.; Final Regulations at 43 CFR 10 as amended January 13, 1997, August 7, 1997, and May 5, 2003, and published in the Code of Federal Regulations October 1, 2003)

* Repatriation activities of the Smithsonian Institution are governed by a separate law, however, the Institution’s role as a repository for human remains and Native American objects pre-dates the enactment of NAGPRA.  Public Law 101-185, the National Museum of the American Indian, was signed into law on November 28, 1989, establishing the National Museum of the American Indian (NMAI) within the Smithsonian Institution (20 USC 80q).  In addition to creating NMAI and the transfer of collections, the Act required the Smithsonian to create and carry out an institution-wide repatriation policy regarding Native American and certain cultural materials. The NMAI Amendments Act of 1996 (Public Law 104-278) added specific repatriation provisions.

 

State Repatriation, Reburial & Grave Protection Laws

NPS National NAGPRA Program

NPS NAGPRA Grants to Tribes & Museums

NPS NAGPRA Review Committee

NPS Civil Penalties Procedures

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