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The Law and American Indian burial mound protection Page 1 of 4 It ~:..lI. c ~ ~ ,_. -{"\;.c '~... ~ · l: ., .,~."'. tt .... ~ .. ........... .. .. . ~" --- - Subjects Federal laws State laws Some preserved sites. Some history and culture Controversies Concerning Archaeology American Indian Voices News Archive Index Return to main Learn page Please inform the webmaster of any broken links! The Law and American Indian Grave Protection Federal Laws Native American Graves Protection and Repatriation Act of 1990 The Native American Graves Protection and Repatriation Act (NAGPRA) is the primary federal legislation pertaining to graves and human remains in archaeological contexts. NAGPRA establishes definitions of burial sites, cultural affiliation, cultural items, associated and unassociated funerary objects, sacred objects, cultural patrimony, indian tribes, museums, Native Americans and Native Hawaiians, right of possession and tribal land. NAGPRA gives guides and priorites concerning the ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after the date of enactment of the act Guides are given concerning the intentional excavation and removal of Native American human remains and objects on Federal or tribal land, as well as for the inadvertent discovery of Native American remains and objects on Federal or trial lands. Process is established in assisting federal agencies and museums in the determination ofthe appropriate Native American group responsible for disposition of various human remains, funerary objects, sacred objects and materials of cultural patrimony. NAGPRA required that all museums make an inventory of such items, stipulating that geographical and cultural affiliation be identified if possible, and that upon request from a tribe a museum or federal agency would provide documentation and repatriate materials if "appropriate." Native American human remains, graves and ritual objects located on federal and tribal land are encouraged to be protected in situ. In cases where in place preservation is not possible, or if archaeological excavation is necessary for planning or research, or if the remains are inadvertently discovered, then consultation is necessary prior to excavation under an Archaeological Resources Protection Act permit If remains covered by the law are discovered, the project will be stopped for 30 days while the review and consultation process proceeds. Responsibility for implementing NAGPRA has been delegated to the National Park Service's Archeology and Ethnography Division. The National Park Service's NAGPRA web site can be found at http://www.cr.nps.gov/nagpralindex.htm. For the complete text of the statutes, amendments, and regulations go to the National Park Service's National Nagpra Database. NAGPRA provides for grants to be available for tribes and museums in order to implement the Act Information on applying for these grants may be found on the National Park Service's NAGPRA web site at http://www.cr.nps.gov/nagpralGRANTS/INDEX.HTM. The Native American Consultation Database at the National Park Service's NAGPRA website describes itself as not being a comprehensive source of information, but provides a starting point for consultation process by identifying tribal leaders and NAGPRA contacts. The National Park Service's NAGPRA Inventory of Museums and Federal Agencies http://www.ibsgwatch.imagedjinn.com/learnllaws.htm 6/8/2004