Comment from Bernstein & Associates NAGPRA Consultants

NAGPRA Public Law 101-601, 25 USC §§ 3001-3013, and its implementing regulations 43 CFR Part 10 are essential for the informed and respectful repatriation of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. These regulations provide a crucial process that allows lineal descendants, Sovereign Tribal Nations, and Native Hawaiian organizations to provide for the burial of family members with their belongings (human remains and funerary objects), maintain religious practices (sacred objects), and ensure continuity and access to Native American culture (objects of cultural patrimony). NAGPRA acknowledges that museums (as defined by the regulations) and federal agencies do not necessarily have ownership rights to Native American human remains, funerary objects, sacred items, and objects of cultural patrimony. The regulations establish a transparent process for determining this legal entitlement and facilitating repatriation and disposition. These regulations (43 CFR 10.1(d)) encourage communication among Indian Tribes, museums, and the federal government, resulting in the preservation and representation of American culture. Additionally, these regulations interface with the Federal Indian Boarding School Initiative, the American Indian Religious Freedom Act, the National Historic Preservation Act, the Archaeological Resources Protection Act, and the STOP Act. NAGPRA and its implementing regulations are grounded in the U.S. government’s acknowledgment of and commitment to respecting Tribal Sovereignty. Please continue to safeguard these regulations and the National NAGPRA Program.