NAGPRA and DHR

The Department of Historic Resources is currently engaged in a systematic review of its archaeological collections pursuant to its responsibilities under the federal Native American Graves Protection and Repatriation Act (NAGPRA).

In fulfillment of DHR’s responsibilities under the Native American Graves Protection and Repatriation Act (NAGPRA), DHR has placed a temporary moratorium on access to all indigenous cultural material in the possession and control of DHR.

As DHR continues tribal consultations and collection reviews for NAGPRA, collections and records may become available for research and loans on a case-by-case basis as determined appropriate through consultation with Native American Tribes in due course of the NAGPRA consultation and collections review process.

Contact

For further information about NAGPRA at DHR, please email NAGPRA@dhr.virginia.gov.

About NAGPRA

The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) is federal legislation that applies to federal agencies and any institutions or state or local government agencies that have received federal funding. The Act and it’s implementing regulations creates a process for the repatriation and disposition of Native American Ancestral Human Remains and funerary objects, sacred objects, and objects of cultural patrimony (collectively Cultural Items), as defined by the law, to lineal descendants, Native American Tribes, and Native Hawaiian organizations. 

NAGPRA requires that federal or federally funded agencies and institutions follow specific processes for reporting information relating to Native American Ancestral Remains and Cultural Items, including notifications and consultations with lineal descendants and official tribal representatives.

The implementing regulations of NAGPRA further require these institutions and agencies to:

Consult with lineal descendants, Native American Tribes, or Native Hawaiian organizations on the appropriate storage, treatment, or handling of human remains or Cultural Items; and

Make a reasonable and good-faith effort to incorporate and accommodate the Native American traditional knowledge of lineal descendants, Indian Tribes, or Native Hawaiian organizations in the storage, treatment, or handling of human remains or Cultural Items; and

Obtain free, prior, and informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations prior to allowing any exhibition of, access to, or research on human remains or cultural items

NAGPRA mandates a process for repatriation and provides a path to create a more appropriate and respectful approach to collections stewardship, collaboration, and access that is built on a foundation of tribal consultation.

As a frequent recipient of federal funding, DHR is committed to fulfilling its obligations under NAGPRA through consultations with Native American Tribes and through the return of Ancestral Remains and Cultural Items to the appropriate individuals and Tribes requesting these remains and items through NAGPRA.

DHR's Commitment and Responsibilities

Following tribal consultation in 2023, NAGPRA review of the DHR Collections renewed in earnest and elevated as an agency priority. Central to this initiative is the formal revision to 43 CFR Part 10 (Native American Graves Protection and Repatriation Act / Regulations), published in the Federal Register on December 13, 2023, and effective January 12, 2024. This final rule updates the existing Act to “clarify and improve upon the systematic processes for the disposition or repatriation of Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony,” and provides a clear pathway to achievement of these goals. The revised Act further requires that, throughout the consultation and repatriation processes, museums and agencies must defer to the traditional knowledge of lineal descendants and Indian Tribes. The Department of Historic Resources (DHR) takes its NAGPRA responsibilities toward Native American Tribes (Tribes), both inside and outside of Virginia, seriously. We are committed to engaging in open, meaningful, and respectful consultation with these Tribes and maintaining transparency in all related processes. As part of this effort the agency seeks to ensure that, in addition to the physical remains of ancestors, all NAGPRA eligible objects — and the enduring Tribes whose ancestors created them — are treated with respect and dignity in all facets of the agency’s NAGPRA compliance efforts.

As the agency historically responsible for the long-term management and preservation of archaeological collections in Virginia, DHR acknowledges its past participation in the acquisition of Native American ancestors and sensitive cultural material collected often without the prior and informed consent of descendant Tribes, and the legacy of pain perpetuated by those actions. Today, DHR is committed to acting in good faith consultation with our tribal partners to ensure the agency does not perpetuate unintended harm in fulfilling its mission and responsibilities under the law. By listening to and learning from our tribal partners, it is our hope that the present and future actions of DHR continue mending and strengthening all agency relationships with Tribes. DHR is deeply appreciative of the enduring patience of our tribal partners. We are grateful for their continued understanding and for the guidance extended to DHR as the agency strives to be a better partner in fulfilling our historic preservation mission.

Respect and Care

In executing the agency’s responsibilities for the administration of permits for the archaeological excavation of human remains in accordance with state law and for the long-term management and preservation of archeological collections in the state, human remains and NAGPRA-eligible material sometimes come into the custody and care of DHR. By the nature of the agency’s mission and organizational structure, human remains in the care of DHR are often referenced in association to a specific archaeological site and corresponding collection of artifacts. While graves are by nature often associated with an archaeological site, DHR recognizes and maintains that human remains are NOT artifacts. Human remains are the ancestors of living people and are people themselves. As such, DHR treats all human remains in the care of the agency with the dignity, respect, and sanctity due to all ancestors until such time as they may be repatriated, whether in accordance with NAGPRA or otherwise returned to living descendants, a process which DHR strives to complete as quickly as can be accomplished within the requirements of state and federal laws.

While graves are by nature often associated with an archaeological site, DHR recognizes and maintains that human remains are NOT artifacts. Human remains are the ancestors of living people and are people themselves.

The agency also understands that places of past burial may commonly be known as archaeological sites today, but that the sanctity of such places is often retained by the living descendant communities. Such sites may be sensitive in nature. Likewise, objects associated with human burials, often referred to as burial items or grave goods, retain special significance or sanctity to the living descendants of those with whom such items were buried. Through consultation with Tribes and other descendant communities, DHR is striving to ensure that any ancestors and their belongings in the care of DHR are stewarded and maintained in accordance with cultural practices and protocols to the maximum extent possible until such time as those ancestors and burial items may be repatriated.

Ongoing NAGPRA Collections Review

DHR is currently engaged in a systematic review of its archaeological collections, to include consultation with descendant Tribes. Through tribal consultation the agency hopes to determine what constitutes appropriate access, and to bring collections into compliance with the revised NAGPRA regulations. As part of this process, and in accordance with the Duty of Care requirements of NAGPRA, DHR has placed a temporary moratorium on access to all indigenous cultural material in the possession and control of DHR. This is a long-term effort that will be ongoing for the foreseeable future, involving consultation with lineal descendants and Indian Tribes for the identification, treatment, and repatriation of NAGPRA eligible items in the DHR Collections.

The Director has designated the DHR NAGPRA Task Force to administer the Department’s compliance obligations under NAGPRA and ensure that DHR is in full compliance with all provisions and regulations of the law. DHR honors the rights of recognized Native American Tribes to review collections and respects cultural protocols that restrict public access to sensitive material. DHR also acknowledges the compulsory requirements of NAGPRA that obligate DHR to take certain actions to ensure the Department is full compliance with federal law.

DHR understands that some items under its care are highly sensitive or sacred in nature, and that these items have cultural protocols and restrictions that should be respected and followed in the care of indigenous collections. We recognize and affirm the agency’s duty of care for both the Native American ancestors in the temporary care of DHR and cultural items stewarded in the DHR collections, and we remain committed to fulfilling those responsibilities in partnership with the Tribes. We understand that this may result in inconvenience for some patrons with an interest in these collections and appreciate everyone’s patience as we work through this essential undertaking.

It is the policy of DHR to ensure that all Native American Ancestral Remains and Cultural Items curated in its collections are appropriately identified, curated, and managed in compliance with NAGPRA, and treated with respect during the repatriation process. DHR is committed to consulting with lineal descendants or appropriate tribal officials of Native American Tribes in fulfillment of the NAGPRA repatriation process.

Volutary Co-Curation Agreements

At the sole discretion of lineal descendants and Native American Tribes, and subject to voluntary co-curation agreements with descendants and Tribes, DHR offers the option to curate Native American Ancestral Remains and Cultural Items following transfer of control (repatriation/disposition). Similarly, DHR offers the option to hold Ancestral Remains, Cultural Items, and archaeological collections already in the possession and control of one or more Native American Tribe(s) under voluntary co-curation agreement(s) with the affected Tribe(s). DHR is committed to ensuring culturally appropriate protocols in curating any Native American Ancestral Remains or Cultural Items held under curation agreements with Native American Tribes, up to and including restriction of access to these materials.