Divinity Atlas

Sacred Correspondences
Sources

Native American Graves Protection and Repatriation Act Systematic Processes for Disposition or Repatriation of Native American Human Remains, Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony; Final Rule

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The 2023 NAGPRA final rule, published in the Federal Register on December 13, 2023 and effective January 12, 2024, revises the implementing regulations for the Native American Graves Protection and Repatriation Act, requiring deference to tribal and Native Hawaiian traditional knowledge and consent before research, exhibition or loan of covered items. Its strength is that it is the regulation itself, the primary legal text currently in force, not a summary of it. Its limit is that it covers only what changed in 2023 and 2024, not the Act's original 1990 provisions or the decades of practice before this rule.

Facts
Assessment
Reliability Tier
1
Reliability tier 1: the regulation's own text, published in the Federal Register by the Department of the Interior, the primary legal source currently in force rather than a summary or secondary account of it.
Notes
Federal Register Vol. 88, No. 238, pp. 86452 to 86540. Published December 13, 2023; effective January 12, 2024. 43 CFR Part 10; RIN 1024-AE19; FR Document Number 2023-27040. Revises the NAGPRA implementing regulations in full, requiring deference to lineal descendants' and Indian Tribes' or Native Hawaiian organizations' traditional knowledge in determining cultural affiliation, eliminating the "culturally unidentifiable" category, and requiring consent before exhibiting, loaning or researching covered human remains and cultural items. The regulation itself, not a legal-history study of the statute's effects; covers only what is current in 2023 and 2024, not the Act's original 1990 provisions or events before this rule.
Citation
Author
United States Department of the Interior, Office of the Secretary
Publisher
Office of the Federal Register
Publication Year
2023
URL
https://www.federalregister.gov/documents/2023/12/13/2023-27040/native-american-graves-protection-and-repatriation-act-regulations
Source Type
legal
Claims Backed By This Source (9 claims)

This source backs 9 claims across the atlas. As facts: 9 well-attested.

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  • Sources, 8 claims: 8 well-attested.
  • Articles, 1 claims: 1 well-attested.
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