The Repatriation Laws: NMAIA and NAGPRA

The NMAI Act, 20 U.S.C. Section 80q, (PL 101-185), passed in 1989, includes repatriation provisions that apply exclusively to the collections of the Smithsonian Institution. The law mandates that the Smithsonian inventory, document and, if requested, repatriate culturally afffliated human remains and funerary objects to Native groups. There is no specific deadline for the completion of this task, nor is any given for Native groups to make a claim. The NMAI Act does not address the disposition of sacred objects and objects of cultural patrimony. Those categories of objects are included under the NAGPRA legislation.

NAGPRA, 25 U.S.C. Section 3001 (PL 101-601), was passed in 1990 and is broader in scope than the NMAI Act, going beyond the inventory and repatriation of human remains and funerary objects to include the consideration of sacred objects and objects of cultural patrimony in the possession of museums. NAGPRA applies to all rederally funded organizations, institutions, and agencies, but specifically excludes the Smithsonian Institution.

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