Doctrine
repatriation
Repatriation is the return of ancestors and cultural items to descendants and tribes; NAGPRA made it a federal duty in 1990.
- Definition
- Return of ancestors and cultural items (NAGPRA).
What happened
Repatriation means returning human remains and cultural items to the people they came from. For Native nations in the United States, the main law is the Native American Graves Protection and Repatriation Act of 1990. The National Park Service says Congress recognized that human remains of any ancestry "must at all times be treated with dignity and respect," and acknowledged that remains and other items removed from Federal or tribal lands "belong, in the first instance, to lineal descendants, Indian Tribes, and Native Hawaiian organizations."
The statute turns that into a duty. When cultural affiliation with a particular tribe is shown, the agency or museum, on request, "shall expeditiously return" remains and associated funerary objects. The return is to be made in consultation with the requesting lineal descendant, tribe or organization "to determine the place and manner of delivery of such items."
In December 2023 the Interior Department published new regulations, effective January 12, 2024, to carry out the law. They require museums and federal agencies to defer to the Native American traditional knowledge of lineal descendants, tribes and Native Hawaiian organizations, and they gave museums and agencies five years, rather than two as first proposed, to consult and update inventories.
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
must at all times be treated with dignity and respect
Native American Graves Protection and Repatriation Act, National Park Servicebelong, in the first instance, to lineal descendants, Indian Tribes, and Native Hawaiian organizations
Native American Graves Protection and Repatriation Act, National Park Serviceto determine the place and manner of delivery of such items
25 U.S.C. 3005, Repatriation, Cornell LIIThis rule is effective January 12, 2024.
NAGPRA final rule, 88 Fed. Reg. 86452 (Dec. 13, 2023)
Research notes. This record overlaps the NAGPRA statute and 2023 regulation records. The statement that returns are 'on request' reflects 25 U.S.C. 3005(a)(2) read on its page; section 3005 has further provisions (including museums' exceptions) that were not read. Counts of repatriated ancestors were not opened. Repatriation outside NAGPRA (for example by museum policy or other statutes) is not covered.
Who is doing the work
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Connections
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Sources
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