The Department of Historic Resources is currently engaged in a systematic review of its archaeological collections pursuant to its responsibilities under the federal Native American Graves Protection and Repatriation Act (NAGPRA).
Following recent tribal consultation, this initiative was renewed in earnest and elevated as an agency priority. Central to this initiative is the recently issued formal revision to 43 CFR Part 10 (Native American Graves Protection and Repatriation Act / Regulations), published in the Federal Register on December 13, 2023, and effective January 12, 2024. This final rule updates the existing Act to “clarify and improve upon the systematic processes for the disposition or repatriation of Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony,” and provides a clear pathway to achievement of these goals. The revised Act further requires that, throughout the consultation and repatriation processes, museums and agencies must defer to the traditional knowledge of lineal descendants and Indian Tribes. The Department of Historic Resources (DHR) takes its NAGPRA responsibilities toward Native American Tribes (Tribes), both inside and outside of Virginia, seriously. We are committed to engaging in open, meaningful, and respectful consultation with these Tribes and maintaining transparency in all related processes.
In executing the agency’s responsibilities for the administration of permits for the archaeological excavation of human remains in accordance with state law and for the long-term management and preservation of archeological collections in the state, human remains and NAGPRA-eligible material sometimes come into the custody and care of DHR. By the nature of the agency’s mission and organizational structure, human remains in the care of DHR are often referenced in association to a specific archaeological site and corresponding collection of artifacts. While graves are by nature often associated with an archaeological site, DHR recognizes and maintains that human remains are NOT artifacts. Human remains are the ancestors of living people and are people themselves. As such, DHR treats all human remains in the care of the agency with the dignity, respect, and sanctity due to all ancestors until such time as they may be repatriated, whether in accordance with NAGPRA or otherwise returned to living descendants, a process which DHR strives to complete as quickly as can be accomplished within the requirements of state and federal laws.
The agency also understands that places of past burial may commonly be known as archaeological sites today, but that the sanctity of such places is often retained by the living descendant communities. Such sites may be sensitive in nature. Likewise, objects associated with human burials, often referred to as burial items or grave goods, retain special significance or sanctity to the living descendants of those with whom such items were buried. Through consultation with Tribes and other descendant communities, DHR is striving to ensure that any ancestors and their belongings in the care of DHR are stewarded and maintained in accordance with cultural practices and protocols to the maximum extent possible until such time as those ancestors and burial items may be repatriated.
Regarding NAGPRA, the agency is currently engaged in a systematic review of its archaeological collections, to include consultation with descendant Tribes. As part of this effort the agency seeks to ensure that, in addition to the physical remains of ancestors, all NAGPRA eligible objects — and the enduring Tribes whose ancestors created them — are treated with respect and dignity in all facets of the agency’s NAGPRA compliance efforts. If an archaeological collection is associated with a site of importance or expressed sensitivity to one or more Tribes, access to associated collections will be restricted until consultation with pertinent Tribes has been completed. During this consultation the agency hopes to determine what constitutes appropriate access, and to bring collections into compliance with the revised NAGPRA regulations. This is a long-term project that will be ongoing for the foreseeable future, involving consultation with lineal descendants and Indian Tribes for the identification, treatment, and repatriation of NAGPRA eligible items in the DHR Collections. To support these efforts, DHR has created an internal NAGPRA Task Force consisting of agency staff integral to completing these initiatives and is currently working to fill and onboard a newly created NAGPRA Coordinator position dedicated to pursing these initiatives.
We recognize and affirm the agency’s duty of care for both the Native American ancestors in the temporary care of DHR and cultural items stewarded in the DHR collections, and we remain committed to fulfilling those responsibilities in partnership with the Tribes. We understand that this may result in inconvenience for some patrons with an interest in these collections and appreciate everyone’s patience as we work through this essential undertaking.
As the agency historically responsible for the long-term management and preservation of archaeological collections in Virginia, DHR acknowledges its past participation in the acquisition of Native American ancestors and sensitive cultural material collected often without the prior and informed consent of descendant Tribes, and the legacy of pain perpetuated by those actions. Today, DHR is committed to acting in good faith consultation with our tribal partners to ensure the agency does not perpetuate unintended harm in fulfilling its mission and responsibilities under the law. By listening to and learning from our tribal partners, it is our hope that the present and future actions of DHR continue mending and strengthening all agency relationships with Tribes. DHR is deeply appreciative of the enduring patience of our tribal partners. We are grateful for their continued understanding and for the guidance extended to DHR as the agency strives to be a better partner in fulfilling our historic preservation mission.
If you want to learn more about NAGPRA, then we encourage you to visit the official NAGPRA website.
We thank you again for your patience. If you have questions, please contact DHR at NAGPRA@dhr.virginia.gov.
