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.

  1. must at all times be treated with dignity and respectNative American Graves Protection and Repatriation Act, National Park Service
  2. belong, in the first instance, to lineal descendants, Indian Tribes, and Native Hawaiian organizationsNative American Graves Protection and Repatriation Act, National Park Service
  3. to determine the place and manner of delivery of such items25 U.S.C. 3005, Repatriation, Cornell LII
  4. This 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

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Connections

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Sources

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Kind
Doctrine
Confidence
Medium

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