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Policy identification number: To come...
File: Ethical & Responsible Conduct Policies > Responsible Conduct Policies
Native American Graves Protection and Repatriation Act (NAGPRA)
The policy addresses NAGPRA compliance for Fort Lewis College (“the College”) in its entirety (25 U.S. Code Chapter 32, NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT, as amended; Pub. L. 101-601§1, Nov. 16, 1990, 104 Stat. 3048; the NAGPRA Regulations 43 CFR Part 10, Dec. 4, 1995); and all subsequent amendments and regulation updates.
March 26, 2018
March 26, 2018
president, n, g, nagpra
Scheduled for Review
I. Policy Statement
The Native American Graves Protection and Repatriation Act (NAGPRA) was passed on November 16, 1990, to resolve the disposition and repatriation of Native American cultural items and human remains under the control of agencies and institutions that receive Federal funding (“museums”), as well as the ownership or control of cultural items and human remains discovered on Federal or tribal lands after November 16, 1990. The statute and regulations outline the rights and responsibilities of lineal descendants, Indian tribes (including Alaska Native villages), Native Hawaiian organizations, Federal agencies, and museums under the Act, and provide procedures for complying with NAGPRA. Depending on the category of cultural item in question and its cultural affiliation, NAGPRA provides lineal descendants, Indian tribes, and Native Hawaiian organizations (NHOs) a process to transfer these cultural item or items to them.
Because the College receives Federal funding, it is legally a Federal museum subject to NAGPRA and all its amendments, regulations, procedures, and processes. Compliance with NAGPRA is therefore the responsibility of the College as a whole under the leadership of the President. It is not the responsibility of any particular academic Department, School, or Center of the College.
In addition, the unique history of the College as a Native American serving institution compels it to proactively strive to go above and beyond the letter of the law in its compliance with NAGPRA in ways that entail attention to collaboration, social justice, reciprocity, equal exchanges, and public education. In other words, compliance with NAGPRA at the College entails respecting both the letter and the spirit of the law.
II. Policy Overview
It is the policy of the College to ensure the respectful and dignified treatment of Native American human remains and to be respectful of the wishes of living descendants. The College shall adhere to the consultation process as specified in the NAGPRA statute and regulations. In addition, the College shall adhere to state law and regulations regarding Native American human remains and associated funerary objects originating from Colorado State and private lands.
III. Specific Policy Guidelines
The NAGPRA statute addresses Native American human remains, associated funerary objects, unassociated funerary objects, items of cultural patrimony, and sacred objects possessed or controlled by federal agencies and museums. It also addresses the inadvertent discovery of Native American remains and cultural items, illegal trafficking in Native American human remains and cultural items, and repatriation of Native American human remains and cultural items. In addition, the statute contains provisions regarding civil penalties for non-compliance, competitive grants to assist with compliance, and the establishment of a National Review Committee.
IV. NAGPRA Compliance Governance
V. Policy Amendment
This policy may be amended following the guidelines in the College policy on policies.
VI. Reason for Policy
The policy is intended to ensure NAGPRA compliance for Fort Lewis College (“the College”) in its entirety (25 U.S. Code Chapter 32, NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT, as amended; Pub. L. 101-601§1, Nov. 16, 1990, 104 Stat. 3048; the NAGPRA Regulations 43 CFR Part 10, Dec. 4, 1995); and all subsequent amendments and regulation updates.
For following policy: Faculty, Students and Staff
For enforcement of policy: College NAGPRA Liaison and Chairperson of College NAGPRA Committee
For oversight of policy: President, Provost and Vice President of Academic Affairs
For procedures implementing policy: College NAGPRA Committee and College NAGPRA Liaison
Refer to Statues, as amended.