Native American tribal communities have been fighting for decades to be able to bring home objects and people that have been taken from their original places. Countless museums, private collectors, and businesses have removed cultural objects, remains, funerary objects, and sacred objects to be able to learn about native cultures, exhibit in a museum, hold in their own private collection, or sell to buyers that are interested.
One of the first noted repatriations was in 1978 between an American art auction house and the Zuni thanks to the help of the Smithsonian. The Zuni had gone to the Denver Museum as well as the Smithsonian in hopes of bringing home their War Gods scattered across the country. The auction house was kind enough to remove the wooden image from the sale and allow the original owner to make the final decision. Ultimately, the War God was returned home and proper communication between museums and tribes was established. (1) While this was a win, there would still be much more to do before repatriation was federally recognized.
In 1990, the United States passed The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA). This law
“Governs the return of Native American remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants, culturally-affiliated Indian Tribes, and Native Hawaiian organizations.” (2)
Now what does this mean? NAGPRA requires federal agencies and institutions that receive federal funds (including museums, universities, state agencies, and local governments) to repatriate or transfer Native American human remains and other cultural items to the appropriate parties. While this law is specifically designed for organizations that receive federal funding, ALL organizations with Indigenous objects are encouraged to participate.
In addition to the federal law, the State of California created an extension to NAGPRA to ensure greater compliance. In 2001, the State Legislature passed AB-978, the California Native American Graves Protection and Repatriation Act (CALNAGPRA). This law extended the federal rules to “all state agencies and museums that receive state funding and that have possession or control over collections of human remains or cultural items to provide a process for the identification and repatriation of these items to the appropriate tribes.” (3)
For museums, such as Folsom History, this process is done by completing two major tasks. First, museums must create a complete inventory of all items that fall under NAGPRA categories of “remains, funerary objects, sacred objects, and objects of cultural patrimony.” Second, museums must consult closely with “lineal descendants, Indian Tribes, and Native Hawaiian organizations on Native American human remains and other cultural items.” (4)
In 2024, a new revision was passed and published adding further rights for the Native American tribes while working with NAGPRA. Some of these changes include:
Requiring museums and federal agencies to obtain free, prior, and informed consent from lineal descendants, Tribes, or NHOs before allowing any exhibition of, access to, or research on human remains or cultural items.
Strengthening the authority and role of Tribes and NHOs in the repatriation process by requiring deference to the Indigenous knowledge of lineal descendants, Tribes, and NHOs.
Applying stricter and more precise deadlines for various steps in the consultation and repatriation process to more quickly repatriate items.
For the last 2 years, Folsom History has worked closely with representatives from Shingle Springs Band of Miwok Indians, Wilton Rancheria, and United Auburn Indian Community of the Auburn Rancheria. Through working with these representatives, our team has identified many objects in our collection that belong to their ancestral homes and families.
In this process, we have repatriated 2 collections back to our local tribes. The return of these objects is more than just giving them back to their rightful owners. It is the reunion of family. For many members of the Indigenous community, these objects are members of the family. Therefore, these reunions are incredibly significant and emotional events.
It is our honor and privilege to be in this process of repatriation and reunion. We want to thank Shingle Springs Band of Miwok Indians, Wilton Rancheria, and United Auburn Indian Community of the Auburn Rancheria for their support, consultation, and endless stamina in this continued effort of repatriation.
This article was written by Shelby Sorensen, Museum Manager, and Tyler Tocci, Visitor Services and Volunteer Manager at Folsom History. Shelby is receiving her Dual Masters at the University of Oklahoma in Museum Studies and Library & Information Science with a focus in Archiving. Tyler is currently pursuing a Master of Arts in Public History at California State University, Sacramento, focusing on Museum Studies.
To learn more about NAGPRA and CALNAGPRA, please visit the following sites:
National Park Service NAGPRA: Native American Graves Protection and Repatriation Act (U.S. National Park Service) (nps.gov)
Bibliography
1. Chip Colwell, Plundered Skulls and Stolen Spirits: Inside the Fight to Reclaim Native America’s Culture (Chicago: University of Chicago Press, 2021), 50-54.
2. United States Department of the Interior: Indian Affairs. “Native American Graves Protection and Repatriation Act.” https://www.bia.gov/service/nagpra.
3. State of California Native American Heritage Commission. “CalNAGPRA.” https://nahc.ca.gov/calnagpra/.
4. National Park Service. “Facilitating Respectful Return.” https://www.nps.gov/subjects/nagpra/index.htm.
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