Is the Smithsonian Institution subject to NAGPRA?
No. Instead, the Smithsonian Institution is subject to the repatriation provisions within the National Museum of the American Indian Act (NMAI Act) of 1989. The Smithsonian is not subject to the Native American Graves Protection and Repatriation Act (NAGPRA) which was passed in 1990 and affects all other institutions and agencies that receive federal funds. To learn more about NAGPRA, please link to the National NAGPRA Program website (http://www.nps.gov/history/nagpra/). In 1996, amendments to the NMAI Act extended some specific provisions of NAGPRA, such as the definitions of certain categories of objects, to the Smithsonian’s repatriation process. Although there are no regulations for the NMAI Act, the National Museum of Natural History has adopted a repatriation policy modeled on the NAGPRA regulations. See the National Museum of Natural History’s repatriation policy, and the NAGPRA regulations for more information.
