History and Overview and American Indian Repatriation Legislation

Throughout the agencies history, the Minnesota Indian Affairs Council has come into control or possession of Native American human remains and funerary objects through:

Burial disturbances on public or private lands in Minnesota
Donations from private collections
Transfers from state agencies and museums prior to the passage of NAGPRA

It is because of these circumstances that NAGPRA compliance is always considered on going. Either through MS 307.08 or NAGPRA, MIAC has repatriated nearly 2,000 American Indian individuals and funerary objects to federally recognized tribes in and out of the State of Minnesota.

Minnesota Statute 307.08

In the 1970’s, Minnesota was one of the first states to pass legislation (MS 307.08) affording equal treatment and protections to American Indian cemeteries and burial grounds. In addition to helping to protect burial grounds and cemeteries, it also allowed the state to repatriate those ancestors who had been previously excavated or those whom may be disturbed. In the two decades following, MIAC began repatriating American Indian ancestors under the state law and set an example that the federal government would follow later.

In the mid 1980’s, the State Archaeologist Christy Hohman-Caine, wrote to museums and universities across Minnesota to encourage them to begin turning over American Indian human remains to the State to facilitate repatriation under State law. Many museums and universities began complying with this request, and in the next few years, many ancestors were transferred over to the State to repatriate. However, nobody could envision the scale or the number of ancestors that was in the museum and university collections as nearly 2,000 individuals was transferred to the possession of the State.
Native American Graves Protection and Repatriation Act

The Native American Graves Protections and Repatriation Act, or NAGPRA, is a federal law passed in 1990 that requires museums to consult with federally recognized tribes to repatriate any human remains, funerary objects, sacred objects, and objects of cultural patrimony in their control or possession. The legal definition of a museum is any institution or state or local government agency (including institution of higher learning) that receives federal funds and has possession of, or control over, Native American cultural items. Such term does not include the Smithsonian Institution or any other Federal Agency. The Minnesota Indian Affairs Council, like many universities and state agencies, meets the requirements to be defined as a museum. MIAC has received federal funds from the National Park Service to assist with repatriation and documentation. Additionally, the federal government via the rules and regulations of NAGPRA, has stated that federal funds provided for any purpose that are received by a larger entity of which the museum is a part are considered Federal funds for the purposes of these regulations. MIAC is also a part of the larger Department of Administration which has also received federal funds.

NAGPRA provides a process to consult with federally recognized tribes, compete an inventory of human remains and associated funerary objects, determine cultural affiliation, and to repatriate. NAGPRA also provides a process for disposition of culturally unaffiliated human remains and unassociated funerary objects. The passage of NAGPRA, and the applicability towards MIAC, essentially preempts Minnesota state law when dealing with repatriations.

To read more about NAGPRA, click here.