Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony.
The physical remains of a human body of Native American ancestry. Excludes hair strands or other body parts which were naturally shed. Also excludes locks of hair or other body parts which were freely given by an individual prior to his death.
Funerary Object
An object which is either placed with human remains during a death
ceremony or made specifically for mortuary purposes. Includes cremation
urns and other items meant to house human remains.
Funerary objects are considered associated if they were made specifically for burial purposes or to house human remains. Funerary objects not made exclusively for burial purposes are considered associated when both the object(s) and its intended human remains are present in a museum's collection.
Unassociated
Funerary Object
Funerary objects are classified as unassociated when an object documented as
burial related is
present in a museum's collection but the human remains are not present.
Ceremonial objects which are needed for present-day Native American traditional practices.
Object of Cultural
Patrimony
An object of such significance to a Native American tribe that it is
considered inalienable, i.e., communally-owned. Some objects of cultural
patrimony may also meet the definition of "sacred object".
Any United States government Department or Agency, other than the Smithsonian Institution, which possesses Native American human remains or other cultural items. The Smithsonian is specifically exempt from NAGPRA, but is required to repatriate under the National Museum of the American Indian Act of 1989, 20 U.S.C. 80q.
Museum
Any state or local institution which receives federal funding and possesses
Native American human remains or other cultural items. Does not include
Federal Agencies or the Smithsonian. Does include federally funded universities,
colleges, and academic departments which possess Native American cultural
items.
The physical location where human remains are placed during a death rite or ceremony.
All Indian reservation lands, dependent Indian communities, and Native Hawaiian lands as administered under the Hawaiian Homes Commission Act of 1920 and Public Law 86-3.
Any land, other than tribal lands, owned by the United States government. Includes lands in Alaska associated with Alaska Native Corporations and other groups organized under the Alaska Native Claims Settlement Act of 1971.
The Departmental
Consulting Archeologist
The Department of Interior staff member designated by the Secretary
as the individual responsible for overseeing national implementation of
NAGPRA.
The National NAGPRA Program provides assistance and guidance for NAGPRA implementation (outside the National Park Service). Principal functions include regulation and guidance of NAGPRA compliance for Indian tribes, Native Alaskan and Hawaiian groups, federal and state agencies, institutions and museums: administration for the NAGPRA Review Committee; NAGPRA grant program; and NAGPRA-related databases.
NAGPRA Review Committee
A seven-member committee representing the scientific, museum, and Native
communities which is authorized, among other tasks, to mediate NAGPRA-related
disputes.
Any tribe, band, nation, or other organized community of Indians which has been granted federal recognition by the Bureau of Indian Affairs. Includes Alaska Native villages as organized under the Alaska Native Claims Settlement Act of 1971.
Native American
A culture which is indigenous to the geographic area now encompassed
by the United States.
Native Hawaiian
Any individual who is a descendant of the population indigenous to
the area now encompassed by the State of Hawaii.
Native Hawaiian Organization
Any organization with expertise in Native Hawaiian affairs which serves
and represents the interests of Native Hawaiians. Includes Hui Malama I
Na Kupuna O Hawai'i Nei and the Office of Hawaiian Affairs.
A non-profit Hawaiian organization incorporated in 1989 by the State of Hawaii for the purposes of providing expertise in Native Hawaiian cultural issues, including burial issues.
Office of Hawaiian Affairs
An agency established under the State of Hawaii's constitution.
The leader or designated representative of an Indian tribe or Native Hawaiian organization.
Lineal Descendant
An individual who can trace an unbroken chain of ancestry to a known
Native American or Native Hawaiian individual.
A written document providing a general description of a Museum or Federal Agency's collection of sacred objects, objects of cultural patrimony, and unassociated funerary objects. Intended to initiate consultation between Museums, Federal Agencies, and tribal representatives. The statutory deadline for submitting NAGPRA summaries to the NPS Departmental Consulting Archeologist and potential culturally affiliated Native American tribes was November 16, 1994.
Notice of Intent to Repatriate
Published in the Federal Register following completion of the Summary
process. Describes sacred objects, objects of cultural patrimony, and/or
unassociated funerary objects whose cultural affiliation has been determined
by a Museum or Federal Agency in consultation with tribal representatives.
Inventory
A written document providing a specific description of a Museum or
Federal Agency's collection of Native American human remains and associated
funerary objects. Completed in consultation with tribal representatives.
The statutory deadline for submitting NAGPRA inventories to the NPS Departmental
Consulting Archeologist and potential culturally affiliated Native American
tribes was November 16, 1996. The NPS granted inventory deadline extensions
to
certain museums which requested them.
Notice of Inventory Completion
Published in the Federal Register following completion of the Inventory
process. Describes the contents of a Museum or Federal Agency's NAGPRA
inventory. Includes a collection description, the results of consultation,
and the cultural affiliation of human remains and associated funerary objects
listed in the inventory.
The process by which Museum and Federal Agency staff resolve issues of object use and cultural affiliation with Native American and Native Hawaiian representatives.
Cultural Affiliation
The prehistoric or historic state of ancestry existing between modern Indian
tribes or Native Hawaiian organizations and an earlier group. Under NAGPRA,
cultural affiliation is established based upon a preponderance of the evidence
gathered from anthropological research and presented during tribal consultation.
Culturally Identifiable
Refers to Native American cultural items whose cultural affiliation
with federally-recognized tribes can be demonstrated.
Culturally Unidentifiable
Refers to Native American cultural items whose cultural affiliation
cannot be demonstrated, or which share cultural affiliation with an Indian
group which is not federally-recognized.
Right of Possession
A legal concept which refers to the legitimacy of ownership. In the
case of NAGPRA, museums do not have right of possession to Native American
cultural items unless they can demonstrate that an item was obtained with
the voluntary consent of an individual with the right to alienate that
object. By definition, museums can never have right of possession for objects
of cultural patrimony, human remains, or associated funerary objects.
Possession
Having physical custody of cultural items. Museums possess items which
are in their collection.
Control
Having legal interest in cultural items regardless of whose possession
they are in. Federal Agencies may control certain cultural items which
are in the possession of a museum.