We are a nonfederally recognized tribe. May we still participate in the NAGPRA process?
Under NAGPRA, only Federally recognized Native American tribes, Native Alaskan villages and corporations, and Native Hawaiian organizations may claim cultural items. NAGPRA does not require museums and Federal agencies to consult with nonfederally recognized tribes. However, the Native American Graves Protection and Repatriation Review Committee has recognized that there are some cases in which nonfederally recognized tribes may be appropriate claimants for cultural items. Museums, if they wish, may consult with nonfederally recognized tribes. (Because NAGPRA requires Federal agencies to consult government-to-government with Federally recognized tribes, it may be difficult for Federal agencies to include non-recognized tribes in NAGPRA consultations.) Museums and Federal agencies that wish to return Native American human remains and cultural items to nonfederally recognized tribes must make a request for review of a proposed disposition to the Review Committee.
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