By Sangita Chari, Jaime M. N. Lavallee
NAGPRA calls for museums and federal companies to come asked local American cultural goods to lineal descendants, culturally affiliated Indian tribes, and local Hawai’ian organizations. because the 1990 passage of the act, museums and federal firms have made a couple of million cultural items—and the is still of approximately 40 thousand local Americans—available for repatriation.
Drawing on case stories, own reflections, historic files, and information, the quantity examines NAGPRA and its grassroots, sensible program in the course of the United States.? Accomplishing NAGPRA will entice execs and teachers with an curiosity in cultural source administration, Indian and human rights legislations, Indigenous reports, social justice hobbies, and public policy.
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Extra info for Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act
211 This prohibition applies to human remains wrongfully acquired at any time, whether before or after the enactment of NAGPRA. 213 This provision in NAGPRA applies only to wrongful acquisitions after the date that NAGPRA was enacted (November 16, 1990). 215 NAGPRA Review Committee. 224 Other provisions. 227 The claiming party also has the option to seek review of the denial by the NAGPRA Review Committee before pursuing a court remedy. 235 Conclusion After centuries of discriminatory treatment, the Native American Graves Protection and Repatriation Act finally recognizes that Native American human remains and cultural items are the remnants and product of living people, and that descendants have a cultural and spiritual relationship with the deceased.
63 Ibid. ” 64 Senate Report 101-473, 6. 65 136 Cong. Rec. , Oct. 26, 1990) (statement of Senator John McCain). Both Senators McCain and Inouye recognized the importance of museums in maintaining our cultural heritage, as well as the interest of Native Americans in the return of ancestral human remains and funerary objects, sacred objects and cultural patrimony. 136 Cong. Rec. , Oct. 26, 1990). C. 3010. ” Felix S. Cohen, Felix S. Cohen’s Handbook of Federal Indian Law (Dayton, OH: Lexix Law Publishing, 1982), 207.
The “resources” remain the property of the United States and the permittee must agree to preserve them in an appropriate institution (except where NAGPRA provides for ownership or control by tribes, Native Hawaiian organization, or lineal descendants). 182 The intent of this provision is to “provide for a process whereby Indian tribes . . have an opportunity to intervene in development activity on federal or tribal lands in order to safeguard Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony .