NAGPRA简介
By: Tyler Swinney, Manager, NAGPRA, 考古 Collections, Tribal Liaison
Tyler Swinney and other Cincinnati area NAGPRA Professionals at the 8th Annual Repatriation Conference, 10月13日, 2022.
什么是NAGPRA?
NAGPRA is an acronym that stands for the Native American Graves Protection and Repatriation Act. It is federal legislation that was passed in 1990 to provide a process for federally recognized Tribal Nations, 直系后裔, 阿拉斯加本土公司, and Native Hawaiian organizations to claim certain cultural items and ancestral remains from organizations that received federal funds after 1990. 其核心是, NAGPRA is human rights legislation that was enacted by congress to addresses inequalities between federally recognized descendant communities, 美国政府, and institutions that control ancestral remains and cultural items affiliated with sovereign Tribal Nations indigenous to the United States. NAGPRA also establishes procedures for inadvertent discoveries on federal and tribal lands and makes it illegal to traffic ancestral remains and cultural items obtained through activities that violate the Act.
谁必须遵守NAGPRA?
NAGPRA defines who must participate in a variety of compliance activities that emphasize transparent information-sharing, 咨询, 以及NAGPRA持股情况的报告. 简单地说, any organization that has accepted federal funds after 1990 and is in possession of NAGPRA objects or Native human remains must comply with NAGPRA. 类似的, any institution that wishes to apply for federal funding in the future must be in compliance with NAGPRA. Noncompliance means that an organization is ineligible to receive federal funds and is subject to civil penalties and sanctions.
哪些项目受NAGPRA约束?
NAGPRA applies to human remains and cultural items that meet specific criteria. 其中包括用于葬礼的物品, 或者有持续的神圣, 仪式, 历史, 传统的, 或者文化重要性. The statute defines items that fall under the purview of NAGPRA in section 2, 包括“随葬品”, “神圣的对象”, 以及"文化遗产".
- Funerary Objects include any item that was placed with or near human remains as part of funerary activities, and are subdivided into “associated” and “unassociated” categories.
- Scared Objects include 仪式 items that are used by Native religious leaders during the practice of 传统的 religions, 过去和现在. These can include items required to renew ceremonies that may have been dormant due to restrictions imposed by 美国政府.
- Objects of Cultural Patrimony are items that were owned communally by a Tribal Nation or subgroup, 并且不能交换, 出售, 或者由任何一个人送出. Patrimonial items have ongoing cultural importance or 历史 significance to a Native group or culture.
What is the NAGPRA Process/What does NAGPRA require museums to do?
The NAGPRA process is done collaboratively with appropriate federally recognized descendant communities interested in filing a repatriation claim. It is important to emphasize that the goal of NAGPRA is the return of NAGPRA objects and ancestral remains to their rightful communities.
Throughout the NAGPRA process, museums and descendant communities have specific responsibilities. 为博物馆, initial responsibilities relate to identifying and summarizing NAGPRA holdings within their control and notifying all federally recognized descendant communities that are affiliated or potentially affiliated. 正式通知后, museums must begin to compile detailed inventories of all NAGPRA items and ancestral remains included in each collection. 在盘点过程中, museums must also consult with appropriate descendant communities and make salient information about each collection available upon request. 对于后代群体来说, the principle responsibilities revolve around (1) determining if collections are covered under NAGPRA; (2) identifying if museums or federal agencies have clear title and right of possession of NAGPRA items (excluding human remains), and (3) researching evidence needed to sustain a repatriation claim.
遵循清单和咨询过程, 各博物馆须在《 联邦公报 announcing their findings and to give public notice prior to repatriating or transferring ancestral remains or cultural items to descendant communities. 最重要的通知被称为a 存货完成通知书 (NIC) which is a determining document that is published when a museum determines ancestral remains are culturally affiliated to a descendant community (initiating the repatriation process) or offers to transfer ancestral remains that could not be culturally affiliated to a modern descendant community (initiating the disposition process). The public notice period is 30 days and if no objections arise, then the process of transferring control and ownership of the NAGPRA items addressed in the NIC can begin in preparation for repatriation or disposition.
美国资源:
国家NAGPRA计划 http://www.nps.gov/nagpra/INDEX.htm
美国印第安人事务协会 http://www.indian-affairs.org/nagpra-compliance.html
Mihesuah D. A. (2000). 归还读者:谁拥有美国印第安人遗骸. 内布拉斯加大学出版社.
Echo-Hawk R.C. (2002). Keepers of Culture: Repatriating Cultural Items Under NAGPRA. 丹佛艺术博物馆.
Special Issue: NAGPRA and The Next Generation of Collaboration. 《南澳考古记录》第15卷第1号. 2015年1月1日. 网上资料: http://onlinedigeditions.com/publication/?m=16146&i=243297&p=6&html5版本=
