Bernstein & Associates - Native American Graves Protection and Repatriation Act Compliance Consultants
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Resources

TRAINING OPPORTUNITIES

NAGPRA: Writing and Managing a Successful Grant

Phoenix, AZ
October 6-7, 2010
in cooperation with the National Park Service, National NAGPRA Program,
the Public History Program,
School of Historical, Philosophical, and Religious Studies,
Arizona State University, and
the State Historic Preservation Office,
Arizona State Parks

St. Paul, MN
May 4-5, 2011
in cooperation with the
Minnesota Indian Affairs Council
and the National Park Service, National NAGPRA Program

Detailed Seminar Agenda

Faculty

Jan I. Bernstein, president, Bernstein & Associates, Native American Graves Protection and Repatriation Act compliance consultants; works with Indian tribes and museums in strategic plan development, writes successful NAGPRA grants, and facilitates project implementation

and

Sangita Chari, grants and outreach coordinator, National NAGPRA Program, National Park Service; manages all aspects of the NAGPRA grants program, including both consultation/documentation grants and repatriation grants

Seminar Overview

The National NAGPRA Grant Program offers grants to assist museums and Indian tribes with the Native American Graves Protection and Repatriation Act (NAGPRA). The NAGPRA process may include consultation, documentation, and repatriation of human remains and cultural items. Learn how to assess the needs of a NAGPRA program, identify fundable projects, and write and manage a successful grant. Review case studies of grant applications and projects.

Evaluation Comments from Previous Seminars

“This seminar exceeded my expectations in many ways. The best thing was the procedures and process for applying for a NAGPRA grant.”

“Very helpful in learning how to get the most out of our current NAGPRA grant.”

“Good networking opportunity. Interesting discussion of NAGPRA successes and problems from tribes and museums.”

 “It certainly gave me a better understanding of how we can utilize the grant process better.”


Participants

Staff of museums, federal agencies, and Indian tribes

Related Seminars

Archaeological Curation, Conservation, and Collections Management
NAGPRA and ARPA: Applications and Requirements
NAGPRA: Determining Cultural Affiliation
NAGPRA: Summaries, Inventories, and Federal Register Notices
Native American Cultural Property Law

Seminar Location, Hours, and Hotels

Confirmation of registration is sent out to registered participants one month prior to the seminar date. The confirmation includes the seminar location, hours, and a list of conveniently located hotels. Seminars generally are held from 9 a.m. to 5 p.m. Registration is recommended at least 6 weeks prior to the seminar to secure a place and to avoid cancellations due to low enrollment.

Cost (see Register for more information)

$450 (6-week advance registration); $500 (regular registration)

National NAGPRA Program scholarships may be available through NPI for this seminar

Customized/On-Site Training

NPI also offers this seminar as customized, on-site training to meet specific organizational needs. Seminars can be tailored to create single- or multiple-day workshops at a location and time convenient to the sponsor. Contact NPI at 703.765.0100 or info@npi.org for further information.

Additional NAGPRA Training Opportunities
http://www.cr.nps.gov/nagpra/training/index.htm

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NAGPRA MEETINGS


NAGPRA at 20 Symposium
November 15-16, 2010
Washington, DC
http://www.cr.nps.gov/

NAGPRA Review Committee meeting
Washington, DC
Noveber 13-16, 2010
http://www.cr.nps.gov/

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CARE & TREATMENT INFORMATION

Guidelines and Resources for Care of Native American Collections

University of Colorado Museum Native American Collection Access, Care and Handling Template was developed in consultation with Indian tribes from the Southwest and Great Plains. 
Funding was provided by NAGPRA Consulation/Documentation Grants.
contact
christina.cain@colorado.edu

Association of Art Museum Directors
Guidelines for Treatment of Sacred Objects www.aamd.org/ 
 

 __________________________________________________________________________________________________________
ARTICLES

NAGPRA -
  Future Applicability Rule
Article written for SPNHC b
y Jan Bernstein

Does the institution that you work for have Native American cultural items under its control or in its possession and does it also receive Federal funds?  If so, more than likely you already know that your institution is a “museum” and therefore is legally required to comply with 25 U.S.C. 3001, which is more commonly known as the Native American Graves Protection and Repatriation Act or NAGPRA.  But what you might not know is that there are new NAGPRA compliance rules for what is known in the Act as Future Applicability.

 

These rules apply to the following situations: 1) The museum or Federal agency acquires a new collection item or finds a previously unreported item that may be covered by the Act (covered items are Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony; 2) A previously unrecognized Indian group is recognized by the Federal government as an Indian tribe. 3) An institution in possession or control of an item or items that may be covered by the Act receives Federal funds for the first time; and 4) The museum or Federal agency revises a decision previously published in the Federal Register.

 

The Native American Graves Protection and Repatriation Act (NAGPRA) was signed into law on November 16, 1990, but it wasn’t until March 21, 2007 that the final rule for §10.13 Future Applicability of NAGPRA was promulgated.  It was published in Federal Register Volume 72, Number 54 and it applies to existing and newly acquired museum collections.  Those are Sections Five, Six, and Seven of the Act.  It does not apply to inadvertent discoveries or planned excavations which are addressed in Section Three of the Act. 

The Future Applicability rules became effective on April 20, 2007.   And on that date it established statutory deadlines for completion of NAGPRA Section Five Human Remains Inventories/Notices of Inventory Completion and NAGPRA Section Six Summaries (unassociated funerary objects, sacred objects, and objects of cultural patrimony).  For you organization, the first deadline may be October 20, 2007.  The rule set a six months deadline to produce and distribute a NAGPRA Section Six Summary for a new holding or a previously unreported holding newly located that may be unassociated funerary objects, sacred objects, or objects of cultural patrimony.  October 20, 2007 is the deadline for the Summary distribution if the new holding was acquired or found prior to April 20, 2007.  Your organization has two years from the promulgation date or acquisition/discovery date to prepare a NAGPRA Section Five Human Remains Inventory/Notice of Inventory Completion in consultation with affiliated Indian tribes or Native Hawaiian organizations.  If the new holding was acquired or located prior to April 20, 2007, you have until April 20, 2009 to do culturally affiliation consultation and distribute a NAGPRA Section Five Human Remains Inventory and publish a Notice of Inventory Completion in the Federal Register

A newly Federally recognized Indian tribe has standing under NAGPRA and museums and Federal agencies covered by the Act are required by the Future Applicability Rule to send Section Six Summaries to these Tribes within six month of recognition. Federal Agencies and museums are also required within two years of recognition to prepare in consultation with culturally affiliated Indian tribes NAGPRA Section Five Inventories/Notices of Inventory Completion. 

Maybe your organization didn’t receive any Federal funds between November 16, 1990 when the law passed and November 16, 1995 when the last deadline occurred.  But since that time it began to receive such funds.  Those funds may be flowing directly to your organization or to your parent organization.  For example, maybe you are working for private college anthropology or art department and another department at the college started to accept Federal contracts or grants after 11/16/1995.  Those funds have redefined your department as a museum covered by NAGPRA.  If this is the case, your organization is required to comply with NAGPRA.  If you find your organization is in this situation, you must within three years from the time the Federal funds were received or from the effective date of the Rule (4/10/07), whichever is later provide a Section Six Summary to Indian tribes or Native Hawaiian organizations that are most likely to be culturally affiliated.  Within Five years of the date of receipt of Federal funds, or within five years of the effective date of this Rule, whichever is later, you must prepare, in consultation with affiliated Indian tribes or Native Hawaiian organizations, a Section Five Human Remains Inventory/Notice of Inventory Completion. 

If your organization previously published a Notice of Inventory Completion, but the information has since substantively changed, the Future Applicability Rule requires a Notice of Inventory Completion Correction be published in the Federal Register.  A substantive change is a change in the culturally affiliated Indian tribes or a change in the minimum number of individuals count.  The National NAGPRA Program will assist you with this process. 

What does this mean for those of you who represent a Federally Recognized Indian tribe?  Well, I hope you will see some new Summaries hitting your desk as well as an increase in the number of requests to consult in preparation of new human remains Inventories. 

The rules can be found on the National NAGPRA Program’s web site.  I wish you all great success in your NAGPRA compliance efforts. 

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