Year: 2006
Type: article
Abstract: century, 9 it was not until 1990 that legislation was passed that seemingly rectified some of these wrongs.The Native American Graves Repatriation Act (NAGPRA) was passed in 1990 in order to return Native American remains and funerary objects from museums and to protect Native American burial sites.10 Unlike past legislation such as the Antiquities Act of 1906 and the Archeological Resources Protection Act of 1979, which referred to Native American remains and objects as "artifacts" or "archeological resources" and assigned them as property of the United States, 11 NAGPRA took a step toward repatriating remains to Native American groups for reburial.12 Under NAGPRA, federal agencies and museums are required to inventory their Native American artifacts and if possible, identify each item and notify an affiliated tribe.13 If an affiliated tribe requests the return of an artifact, the institution must comply.14 With regard to items that are found on federal or tribal land after the enactment of NAGPRA, there are provisions dealing with ownership or control of the items found.15 There have been many returns of remains to tribes as a result of NAGPRA, but there is a problem concerning ancient remains, 16 which became apparent in 1996 when the remains that would come to be known as "Kennewick Man" were discovered.17 For almost ten years, "Kennewick Man" has been involved in a sort of custody battle, being claimed by scientists and various Native American Tribes.18 Ultimately, scientists were allowed to study the remains 9 Crowther, supra note 1, at 271. 10 See 25 U.S.C.
Source: bepress Legal Repository
Author: Lori N Wight
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W172185137