| nbsp; | 7/30/92 - The Native American Graves Protection and Repatriation Act
DATE: July 30, 1992
REPLY TO
ATTN OF: EH-232
SUBJECT: The Native American Graves Protection and Repatriation Act
TO: Distribution
The purpose of this memorandum is to provide information regarding the
Native American Graves Protection and Repatriation Act (NAGPRA). NAGPRA,
enacted in November 1990, established a means for American Indians,
including members of Indian Tribes, Native Hawaiian organizations, and
Native Alaskan villages and organizations, to request the return, or
"repatriation," of human remains and other cultural items presently held by
Federal agencies or Federally-assisted museums or institutions. NAGPRA
also sets forth provisions regarding: (1) the intentional excavation and
removal, (2) inadvertent discovery, and (3) illegal trafficking of Native
American human remains and cultural items. A copy of the statute is
attached. Regulations implementing NAGPRA are currently being developed.
Also attached for your information is a National Park Service (NPS) memorandum dated November 19, 1991, explaining its interpretation of NAGPRA. An Advisory Council on Historic Preservation (ACHP) memorandum on the relationship between Section 106 of the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act, dated July 13,1991, is included as an appendix to the NPS memorandum. These two memoranda contain National Park Service and ACHP interpretations of the statute. This information is pertinent to the management of cultural resources and the development of cultural resource management plans at DOE facilities. The Office of Environmental Guidance (EH-23) is currently developing a NAGPRA Information Brief. Any questions regarding NAGPRA or the attached information should be addressed to Lois Thompson of my staff at (202) 586-9581. Andrew Wallo III Director Air, Water and Radiation Division |