Does the 1990 Native American Graves Protection and Repatriation Act (NAGPRA) apply to culturally sensitive archival material?
A. The national NAGPRA committee and state and federal courts have yet to review a case involving documentary materials as opposed to objects. NAGPRA does not reference archival records or traditional knowledge. Some institutions have voluntarily, in the spirit of NAGPRA, offered to repatriate culturally sensitive archival materials as sacred and/or patrimonial objects, including images and recordings (i.e. material related to human remains or funerary practices.) See the Copying and Repatriation section of the Protocols.