GAO report, "NATIVE AMERICAN GRAVES PROTECTION AND
REPATRIATION ACT: After Almost 20 Years, Key Federal Agencies Still Have Not Fully Complied with the Act."

Almost 20 years after NAGPRA, key federal agencies still have not fully complied with the act for their historical collections acquired on or before NAGPRA's enactment. GAO examined NAGPRA implementation in detail for eight
key federal agencies with significant historical collections: Interior's Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), Bureau of Reclamation (BOR), U.S. Fish and Wildlife Service (FWS) and NPS; Agriculture's U.S. Forest Service; the U.S. Army Corps of Engineers (Corps); and the Tennessee Valley Authority (TVA).

click here to read report

12th Annual NATHPO Meeting Training Session

On Monday, August 9, 2010, NATHPO is offering a pre-conference, NAGPRA-related training session this year, "Using 43 CFR 10.11 to Return 'Culturally Unidentifiable' Native American Human Remains and Associated Funerary Objects." This one-day training will focus on the new regulatory section finalized on May 14, 2010, that requires the return of "culturally unidentifiable" Native American remains to Indian tribes and Native Hawaiian organizations.

This training session is a follow-up to last year's workshop, "Using the Culturally Unidentifiable Native American Inventories Database." This important database includes listings and information on over 124,000 individual Native Americans and almost one million associated funerary objects. If you are attending the entire annual meeting, this one-day training is included in your registration fee. If you only want to attend the one-day training, there will be a $100 registration fee.

Click here for the Training Session Agenda
Click here for the one-day registration form

Open Comment Period for 10.11 NAGPRA Regulations:

This is NATHPO's initial review of the publication of the 43 CFR Part 10 (specifically 10.11), "NAGPRA Regulations-Disposition of Culturally Unidentifiable Human Remains; Final Rule with request for comments, Monday, March 15, 2010, 75 FR 12378."  This rule is proposed to become effective May 14, 2010.  Public comments must be received by May 14, 2010.  (See Federal Register notice for information on how to file comments.)

The document is 28 pages, the last 4 pages of which are the actual regulatory changes and the rest is preamble.  Click here to go directly to the rule:  http://www.regulations.gov/search/Regs/home.html#
documentDetail?R=0900006480abd3e5
This link allows you to read the proposed Final rule, submit comments, and read other posted comments.

Click here for more information

Full Committee Oversight Hearing Entitled
"Native American Graves Protection And Repatriation Act (NAGPRA)"

click here for NATHPO's written testimony
click here to view the webcast of the hearing

 

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.

 

NPS National NAGPRA Program

NPS NAGPRA Grants to Tribes & Museums

NPS NAGPRA Review Committee

NPS Civil Penalties Procedures

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