Native American Graves Protection and Repatriation Act Preliminary Compliance Report for J. Strom Thurmond Lake Georgia and South Carolina

The Native American Graves Protection and Repatriation Act (NAGPRA [Appendix A]) was signed into law (Public Law 101-601) in 1990. This law mandated major changes in the treatment and disposition of Native American human remains and certain kinds of artifacts. NAGPRA acknowledges the right of Native Americans to reclaim certain types of artifacts ifNative Americans (individuals or groups) can demonstrate direct lineal descent or cultural affiliation with the material in question. The NAGPRA legislation is directed primarily at archaeological materials-human remains, associated and unassociated funerary objects, objects of cultural patrimony, and sacred objects. The law builds on previous legislation such as the National Historic Preservation Act 1966 (as amended) and the Archaeological Resources Protection Act 1979 (as amended) and seeks to create a more comprehensive dialogue between Native Americans and those institutions that (1) hold the materials outlined above and (2) receive federal funding. Following review and public comment, regulations establishing definitions and procedures for carrying out NAGPRA were revised and became effective on 3 January 1996 (43 CFR Part 10, Native American Graves Protection and Repatriation Act Regulations; Final Rule). In this report, subparts and sections of the regulations are cited along with the section designations used in the original 1990 Act. Sections from the original act are noted in parentheses. Institutions holding NAGPRA-related materials were required to complete a 43CFR10.8 Summary, (due November 1993), and a 43CFR10.9 Inventory (due November 1995) of all collections with NAGPRA-related materials. Summaries and inventories, once compiled, are forwarded to the Department of the Interior's Departmental Consulting Archeologist and to all relevant federally recognized Native American groups and/or lineal descendants. Final cultural affiliation determinations for the NAGPRA collections should be made in consultation with the appropriate federally recognized Native American group(s) and/or lineal descendants. Additionally, NAGPRA requires federal agencies and museums to expeditiously return Native American human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony to known lineal descendants or culturally affiliated tribes upon request and after control or affiliation has been established. Notices of intent to repatriate are to be submitted to the Departmental Consulting Archeologist for publication in the Federal Register.