Implementation of the
Native American Graves Protection and Repatriation Act in the
BLM
The Native American Graves Protection
and Repatriation Act (NAGPRA) requires federal agencies and
museums receiving federal funds to locate, inventory and determine
the ultimate disposition of cultural items, that is, Native
American human remains, funerary objects, sacred objects and
objects of cultural patrimony (NAGPRA materials) under their
possession or control. The Act also requires consultation with
appropriate Native American tribes, Native Alaskan and Native
Hawaiian organizations regarding the identification and affiliation
of these materials as well as those resulting from subsequent
intentional excavations and inadvertent discoveries.
The BLM has stewardship responsibility
for one of the largest collections of museum objects in the Department
of the Interior, most (99%) of which are housed in several hundred
non-federal repositories. Also, the Bureau currently manages 262 million acres, which represent a constant potential for the discovery
of NAGPRA materials. Potential NAGPRA obligations are also incurred
by constant changes in land status as land is regularly acquired
and conveyed by the Bureau. A great deal of time, energy, cooperation
and funding has been required to implement NAGPRA to date. Direction
and technical assistance have been provided to BLM Field personnel
with specific written guidance consisting of 281 pages of NAGPRA
implementation, summary documents or policy guidance.
An Office of the Inspector General
report (No. 00-I-377) found in May 2000 that "...overall,
BLM had made significant progress in complying with the requirements
of NAGPRA. Specifically, BLM located and determined tribal affiliation
for about 90 percent of the Native American human remains included
in its museum collections." To date, 69 Federal Register
Notices of Inventory Completion, Notices of Intent to Repatriate
or newspaper Notices of Custody Determination have identified
thousands of individual remains and objects for repatriation or
transfer to affiliated federally recognized Tribes. This signifies
thousands of hours of inventory and analysis by non-federal museum
and BLM staffs as well as countless hours by tribes in NAGPRA
consultations. It has involved BLM in interaction with over 200
museums and approximately 150 tribes and Native Alaskan villages
and corporations
The NAGPRA has created a significant
ongoing workload and responsibility for federal agencies. As additional
collections come to light and inadvertent discoveries occur, new
identification, consultation and disposition obligations arise.
BLM has regularly affirmed to Tribes,
Congress and the Department a commitment to fulfill the statutory
mandates of NAGPRA.
Information regarding NAGPRA and NAGPRA
implementation in the BLM may be obtained from Emily Palus, BLM National Curator and NAGPRA Coordinator, (202) 452-7721.
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