Hostname: page-component-cd9895bd7-jn8rn Total loading time: 0 Render date: 2024-12-26T16:00:07.198Z Has data issue: false hasContentIssue false

The native American graves protection and repatriation act in its first decade

Published online by Cambridge University Press:  18 February 2005

JAR Nafziger
Affiliation:
Thomas B Stoel Professor of Law, Willamette University College of Law
RJ Dobkins
Affiliation:
Assistant Professor of Anthropology and Faculty Curator of Native American Art, Willamette University

Extract

The global effort to protect indigenous heritage relies on national legislation. The Native American Graves Protection and Repatriation Act (NAGPRA) of the United States provides one model for accomplishing a broad agenda of protective measures. NAGPRA confirms indigenous ownership of cultural items excavated or discovered on federal and tribal lands, criminalizes trafficking in indigenous human remains and cultural items, and establishes a process of repatriation of material to native groups. In implementing the law, questions related to cultural affiliation, culturally unidentifiable material, the status of native groups not recognized by the federal government, and the scope of a group's cultural patrimony have been particularly troublesome. A case study of the repatriation process highlights issues in implementing NAGPRA and benefits in fostering consultation and collaboration among native groups, museums, and federal agencies. Finally, the article considers the controversies that have come before a statutory review committee and the federal courts during NAGPRA's first decade. This experience demonstrates the limitations of formal dispute resolution as a means of developing and implementing the law.

Type
Research Article
Copyright
© The International Cultural Property Society

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)