This paper examines the Native American Graves Protection and Repatriation Act (NAGPRA), a federal law governing the treatment and return of Native American human remains and cultural items. Drawing on Messenger and Bender's (2019) Heritage Studies framework and National Park Service guidance, the paper outlines NAGPRA's core provisions, its role in fostering respectful dialogue between tribes and institutions, and critiques regarding its potential impact on scientific inquiry. It also emphasizes the importance of NAGPRA awareness for both undergraduate and graduate students pursuing careers in archaeology, museum studies, and related fields.
One of the crucial issues that Messenger and Bender (2019) highlight relates to the Native American Graves Protection and Repatriation Act (NAGPRA). From the outset, it is important to note that this is an instrumental federal law aimed at ensuring that fairness, respect, and dignity are observed in the treatment of ancestral human remains and various cultural items. As the National Park Service (NPS, 2019) points out, one pivotal aspect of this statute is its acknowledgment "that human remains and other cultural items removed from Federal or tribal lands belong, in the first instance, to lineal descendants, Indian Tribes, and Native Hawaiian organizations."
According to the NPS (2019), one of the greatest benefits of this federal law is that it facilitates respectful return. This, as the NPS further notes, enhances understanding and promotes dialogue between Native organizations and tribes and museums. This is the same benefit that Messenger and Bender (2019) advance. In the authors' words, "the ability to form respectful relationships through consultation opens the door for tribes and institutions both to build trust and to consider permissible research" (p. 98). The authors argue that in this context, NAGPRA is instrumental in establishing the relevant protocols to govern relations between institutions and tribes.
It should, however, be noted that some have questioned the relevance of this federal law. For instance, according to Messenger and Bender (2019), one participant in a symposium titled "NAGPRA at 20" felt that the federal law was harmful to the future of scientific inquiry — specifically with regard to studies focused on persons who inhabited North America in the past. Another participant largely supported this perspective, observing that the federal law stood in the way of proper future inquiry and the gathering of crucial data on human evolution.
Although Messenger and Bender (2019) point out that some of the concerns raised are not rooted in fact, it is worth acknowledging that returning certain Native American cultural items could, to some extent, impede future scientific inquiry into past cultural beliefs, world climate, and related subjects. This concern is particularly relevant given that human remains and funerary objects may not be available for future assessment using more advanced technology. Nevertheless, NAGPRA is progressive in that it details the procedures to be followed in excavation efforts and builds trust between institutions and tribes.
"Concerns about impact on scientific inquiry"
"Importance of NAGPRA education for students"
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