The Good and The Bad of NAGPRA

“As a museum professional and archaeologist, I have worked with NAGPRA preparation and consultation since 1992,” said Michael Lewis, Curator of Archaeology for the Maxwell Museum of Anthropology at the University of New Mexico, in a recent e-mail interview. “In my present work as Archaeology Curator, I am often called for consultation on NAGPRA issues, I prepare NAGPRA documentation for notification and publication of NAGPRA collections and objects, I maintain close working relationships with regional Native American representatives on potential and on-going NAGPRA issues. This will undoubtedly continue for the length of my career in this field. All of my work under NAGPRA, without exception, has been positive and rewarding. I have learned a great deal about Native American people in Alaska and the American Southwest. I have made friends far and wide and have shared extraordinary experiences with people with whom I have built a strong bond as a result of our cooperative work under NAGPRA. Furthermore, I have contributed in a small way some recompense for inappropriate treatment of native people by members of my profession.”

Since the controversy over Kennewick Man, many people have argued the cost of NAGPRA outweighs the advantages. Kennewick Man was discovered in Washington State in July 1996. It is one of the oldest and one of the most complete human skeletons ever found in North America. The potential for scientific revelations resulting from the study of these remains is great, since according to “A Battle Over Bones” by Andrew Slayman, published in Archaeology in January 1997, 90% of the skeleton has been recovered and organic material from around the remains would allow for radiocarbon dating and DNA analysis.

However, under NAGPRA, the Yakama Indian Nation, the Nez Perce Tribe, the Umatilla Reservation, the Confederated Tribes of the Colville Reservation and the Wanapum Band claim Kennewick Man is their direct ancestor and want the bones returned for repatriation. This is where a lot of people get fuzzy about the good and bad of NAGPRA – a once in a lifetime chance for scientific discovery, or repatriation? What would you choose?

“As for NAGPRA, I’m no expert on this law. I haven’t read the entire law,” said Michael Bawaya, editor of American Archaeology Magazine. “I will say that the repatriation process brought about by NAGPRA is proceeding slowly. It appears to be costly and cumbersome. Apparently, some of the institutions are finding the law difficult to comply with.

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