NAGPRA (the Native American Graves Protection and Repatriation Act)1 is a federal law that requires skeletal remains and certain artifacts (such as grave goods and sacred objects) from past populations to be turned over to culturally affiliated present-day Native American tribes. The cultural affiliations can be determined through a variety of means including scientific, historic, and oral traditions, but the determination of affiliation should be by a preponderance of evidence, which means that half or more of the evidence should support the link between the past and the present peoples. All federally funded institutions in the U.S., such as universities and museums (even private ones that accept federal funding) are required to follow NAGPRA. This includes the requirement that they create inventory lists so that Native American tribes can request repatriation of previously discovered and curated items.
In 2017, I decided to reach out to now-retired attorney James W. Springer to see if he’d like to co-author a book on the topic of repatriation that took a critical perspective on the law and the ideology behind repatriation. Jim and I, though never having met face-to-face, had corresponded over the years based on our mutual concern that NAGPRA and similar laws would seriously hinder our ability to accurately understand the past—including the intriguing and ongoing mystery of how the Americas were first peopled.
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