Research

Columbia River on the Washington State side: A view of mountains against a blue sky, with a wide river running in the foreground and a near bank in the closer foreground with pine trees.

Native American Graves Protection and Repatriation Act (NAGPRA)

NAGPRA 

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law that was enacted in 1990 to protect Native American, Alaska Native, and Kānaka Maoli / Native Hawaiian human remains, graves, and human rights (25 USC §§ 3001-30013). The law provides institutions and federal agencies a process for returning human remains and certain kinds of cultural items to lineal descendants or culturally affiliated Native American Tribes and Native Hawaiian Organizations. 

In recognition of Tribal sovereignty, the NAGPRA repatriation process is centered on building government-to-government relationships. It requires institutions and federal agencies to consult with lineal descendants, Native American Tribes, and Native Hawaiian Organizations to determine who is affiliated with the ancestors and cultural items in an institution’s custody, and how the ancestors and cultural items should be returned. 

NAGPRA at Portland State University 

In the past, Portland State University participated in harmful practices of taking Native American belongings and ancestors. This is a history that we are not proud of, but we accept it as our legacy and our responsibility. Portland State University is fully committed to returning all of the Native American ancestors and cultural items in our custody in an appropriate and timely manner. 

To ensure we reach these goals, Portland State University has adopted a NAGPRA Policy. This policy reaffirms the rights of lineal descendants, Native American Tribes, and Native Hawaiian Organizations to determine how their ancestors and cultural items are treated while they are in Portland State University’s custody, and who has access to them. The Vice President for Research & Graduate Studies and the NAGPRA Coordinator bear most of the responsibility for implementing and maintaining compliance with this policy, while the University President retains responsibility for all final determinations required by NAGPRA. 

Portland State University’s NAGPRA Policy also creates new requirements for all students, employees, volunteers, schools, colleges, administrative units, and contractors of the University to prevent similar harm from happening again. Under this policy, all PSU personnel must:

  • Treat all human remains with respect and culturally specific care;
  • Provide proof of consent before acquiring any new human remains, and never knowingly acquire any Native American or Native Hawaiian human remains, funerary objects, sacred objects, or objects of cultural patrimony ;
  • Provide proof of consent before accepting any loan, conducting any research on, or creating or exhibiting any images of Native American or Native Hawaiian human remains, funerary objects, sacred objects, or objects of cultural patrimony ;
  • Create an Inadvertent Discovery Plan in advance of any activity that could inadvertently disturb any cultural resources or discover human remains (see below).

If you have any questions about Portland State University’s NAGPRA Policy or any formal NAGPRA requests, please send an email to Reno Nims (NAGPRA Coordinator) at nagpra@pdx.edu. 

Protecting Cultural Resources During Field Work 

To help protect Native American belongings and ancestors in place, Research & Graduate Studies has developed an Inadvertent Discovery Plan. This document outlines what steps university staff should take if there is an unanticipated discovery or disturbance to human remains or cultural resources during construction, field research, or for any other reason. 

Inadvertent Discovery Plan template 

Human burials and culturally important places and belongings have ongoing importance to living people, communities, and Native American Tribes, who can be directly harmed if their ancestors and heritage are damaged or disturbed. Burials and cultural resources are also protected by state and federal law. If you believe that you have encountered or disturbed any human remains or cultural resources in the course of your work, you should (1) immediately stop all work, (2) protect the find from further disturbance, and (3) notify your manager and PSU’s NAGPRA Coordinator so the appropriate authorities can be contacted. Following this Inadvertent Discovery Plan will reduce the risk and the liability of unanticipated disturbances. 

A project manager should create an Inadvertent Discovery Plan template for any project that could inadvertently disturb any cultural resources or discover human remains (e.g. any ground disturbing activity), and file a copy with PSU’s NAGPRA Coordinator before the project begins. Depending on the context of the project, a permitting agency may require you to complete additional training and follow their in-house Inadvertent Discovery Plan. All team members on the project should be familiar with the Inadvertent Discovery Plan, and a copy should be kept on site at all times. 

For more information and training on Inadvertent Discovery Plans, please send an email to Reno Nims (NAGPRA Coordinator) at nagpra@pdx.edu.