Title: Repatriation of Unidentified Human Remains

 

WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the welfare of the Indian people, do hereby establish and submit the following resolution; and

WHEREAS, the National Congress of American Indians (NCAI) is the oldest and largest national organization established in 1944 and comprised of representatives of and advocates for national, regional, and local Tribal concerns; and

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of NCAI; and,

WHEREAS, the National Congress of American Indians each possesses and exercises sovereign powers; and,

WHEREAS, the United States, through treaty, executive order, or other actions recognize the inherent sovereignty of each Indian Nation or Tribe; and

WHEREAS, the United States, at the time of such agreements assumed obligations to each Indian Nation or Tribe through such treaties, executive orders, or other sections; and

WHEREAS, the Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. 3003-3013 (NAGPRA) requires museums and federal agencies to identify human remains and funerary objects, sacred objects, and objects of cultural patrimony for possible repatriation to Native American communities; andWHEREAS, NAGPRA has been interpreted to allow a museum or federal agency to retain culturally unidentifiable human remains until such time as all potentially affiliated Tribes and groups reach consensual agreement on disposition of the remains; and

WHEREAS, there are Native American human remains held within museums and federal agencies that lack sufficient information to identify more specific cultural or geographical affinities; and

WHEREAS, the Army Corps. Of Engineers (Army Corps.) has possession of culturally-unidentifiable Native American human remains, which it wishes to return to the Native American community for proper disposition; and

WHEREAS, the Army Corps. has offered to set aside land for reburial of those remains found in, or near, such districts.

NOW THEREFORE BE IT RESOLVED, that NCAI does hereby strongly support efforts by the Army Corps. Of Engineers to remedy the disrespectful and disparate treatment given Native American human remains by setting aside land in each of its districts for the reburial of those remains found in, or near, such districts, by the Army Corps. on the following grounds:

1) That the Tribes situated in such district, initiate, direct, and implement the procedure and ceremony for each such reburial; and

 

2) That the Tribes situated in such district shall be consulted on all future human remains, funerary objects, sacred objects, and objects of cultural patrimony discovered by the Army Corps. for purposes of possible identification or reburial, where appropriate.

The foregoing resolution was adopted at the 2000 Mid-Year Session of the National Congress of American Indians, held at the Centennial Hall in Juneau, Alaska on June 25-28, 2000 with a quorum present.

_____________________________

Susan Masten, President

Juana Majel, Recording Secretary

Adopted by the General Assembly during the 2000 Mid-Year Session of the National Congress of American Indians, held at the Centennial Hall in Juneau, Alaska on June 25-28, 2000.