Unit Author: Angela Neller (Native Hawaiian), Curator Wanapum Heritage Center
Non-Federally Recognized Indian Groups in the Repatriation Process
Description
The Native American Graves Protection and Repatriation Act (NAGPRA) was passed to recognize and affirm the rights of Native American Tribes over the control and disposition of culturally affiliated human remains, funerary objects, sacred objects, and objects of cultural patrimony. This module introduces students to the role that non-Federally recognized Indian groups have in the NAGPRA repatriation process. It looks at ways in which non-Federally recognized Indian groups assert their own agency to participate in the process to affirm their rights. The module explores State practices as inclusive models for repatriation to non-Federally recognized Indian groups.
Learning Goals
- What impact does NAGPRA have on non-Federally recognized Indian groups in the NAGPRA process?
- What obstacles do non-Federally recognized Indian groups face in NAGPRA implementation?
- What can we learn from the state level models for repatriation?
Terms and Concepts
- Non-Federally Recognized Indian Group
- Agency
- Repatriation
- Authority
- Identity
Reading List
Angela Neller, Ramona Peters, Brice Obermeyer, “NAGPRA’S Impact on Non-Federally Recognized Tribes” In Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act (Corvallis: Oregon State University Press, 2013) pp. 163-196.
Eric Hemenway, “Finding Our Way Home” In Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act (Corvallis: Oregon State University Press, 2013) pp. 83-98.
Wanapum Band of Priest Rapids, Testimony presented to the NAGPRA Review Committee Mt., Pleasant, MI November 6-7, 2013
Activity and Assessment Ideas
- What is the role of non-Federally recognized Indian groups under NAGPRA?
- What are inherent rights?
- How do non-Federally recognized Indian groups maintain their inherent rights in the NAGPRA process?
- What NAGPRA processes leave out non-Federally recognized Indian groups?
- What are the different approaches that non-Federally recognized Indian groupstake to be included in the NAGPRA process?
- How have historical injustices affected tribes inherent rights when it comes to the treatment of deceased ancestors?
- What are the attributes that make up the inherent rights of tribal groups?
- In what ways have the Wanapum Band been active in the repatriation process?
- How was the Wanapum able to repatriate remains from 45YK13?
State Processes
State of Washington’s Department of Archaeology and Historic Preservation’s Human Remains and Cemeteries Program (http://www.dahp.wa.gov/human-remains; http://app.leg.wa.gov/RCW/default.aspx?cite=27.44.055)
- What is the process for tribes to be involved?
- Does the process include non-Federally recognized tribes? What standing do they have in comparison to federally recognized tribes?
National Association of Tribal Historic Preservation Officer’s State and Tribal Laws and Regulations Project (http://nathpo.org/State_Laws/State_Laws_Map.htm)
- What states have burial laws that repatriate to Indian Tribes?
- Do they include non-federally recognized tribes in the process?