Consultation sessions set on NAGPRA issue

Wednesday, April 11, 2007  

The Interior Department is holding three consultation sessions next week to discuss a sensitive issue under the Native American Graves Protection And Repatriation Act.

NAGPRA was created so individual Indians, tribes Native Hawaiians could reclaim their ancestors and cultural property. Museums that receive federal money and federal agencies have repatriated thousands of remains and artifacts since the law's passage in 1990.

But some controversial aspects of the law are unimplemented. One affects remains and items that can't be linked conclusively to present-day tribes, a situation that has led to several high-profile disputes, including one that nearly went to the U.S. Supreme Court.

Another sensitive issue, to be discussed next week, affects ancestors and artifacts that haven't been claimed under NAGPRA. The National Park Service hopes to talk with tribes, museums and other affected parties to develop regulations that will determine what happens to these unclaimed items.

The first meeting takes place on Wednesday, April 18, from 8:30am to noon. The session, at the main Interior building in Washington, D.C., is reserved for representatives of tribes and Native Hawaiian organizations.

A second meeting will be held that same afternoon at Interior. Representatives of museums and scientific organizations are invited to attend this session.

A final consultation, for members of the public, takes place on Thursday, April 19, during the National NAGPRA Review Committee meeting. The members of the committee, who represent tribes, Native Hawaiians, museums and the scientific community, will also present their views on the issue.

A notice published in today's Federal Register outlines some of the questions that will be considered as the regulations are developed. They include how to treat items found on reservations, items claimed by non-federally recognized tribes and items without any claimants.

The notice doesn't give a timeline for the development of the new rules. The issue has been on Interior's agenda for some time, as has the one affecting remains and items that can't be linked conclusively to present-day tribes.

Separately, museums and federal agencies face an October 20 deadline to complete summaries of their holdings under NAGPRA. To date, 774 museums and 289 federal entities have provided summaries or inventories to about 770 tribes and Native Hawaiian organizations, according to the National Park Service, which manages the national NAGPRA program.

Attempts to clarify the first issue, regarding items and their link to present-day tribes, were made in the 109th Congress. But the Bush administration and representatives of the scientific community opposed an amendment to NAGPRA that would allow tribes to claim ancient remains.

Federal Register Notice:
Consultation On Regulations Regarding The Disposition Of Unclaimed Native American Human Remains, Funerary Objects, Sacred Objects, Or Objects Of Cultural Patrimony Excavated Or Discovered On Federal Or Tribal Lands After November 16, 1990, Pursuant To NAGPRA (April 11, 2007)

NAGPRA Review Committee/Spirit Cave Man Decision:
Fallon Paiute Shoshone Tribe v. BLM (September 21, 2006)

Relevant Links:
National NAGPRA - http://www.cr.nps.gov/nagpra