ACRA has submitted comments to the National Park Service responding to their proposed rules outlining a systematic process under the Native American Graves Protection and Repatriation Act (NAGPRA) for the disposition and repatriation of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony.
Noting that NAGPRA is “the federal government’s cornerstone statute recognizing that” such items “belong to lineal descendants, Indian Tribes and Native Hawaiian organizations, and must be treated with dignity and respect,” ACRA’s comments expressed concern with the proposal’s procedures for inadvertent discovery.
“ACRA is concerned that the proposed regulations make an automatic presumption that any human remains encountered on Federal or Indian trust lands in a discovery situation are Native American. That is not always the case. The regulations do not provide for any process for making a determination that such remains are or are not Native American, and they do not specify who would make such a determination. . . As a result, any situation in which human remains are discovered would automatically trigger an extensive process that could take up to two months to resolve before a resumption of activity. ACRA agrees that, in the event such remains are Native American, there needs to be a clear process to develop a plan of action that involves close coordination and consultation with relevant Indian Tribal communities. However, the rules as proposed would lead to unnecessary delays in cases where human remains are not Native American.”
ACRA urged NPS to develop processes to determine the heritage of any human remains at the point of discovery, and clarify which parties are responsible for making such a determination. The comments cited state-level processes that include a determination of whether the remains are of Native American origin as examples that the agency could follow. ACRA pledged to work with NPS to ensure that the Interior Department’s rules “reflect the goals and intent of the statute by ensuring the proper and timely treatment of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony.”