Sam Dellinger: Raiders of the Lost Arkansas

Old State House Museum

The Native American Graves Protection & Repatriation Act
Many of the archeological specimens obtained under Dellinger’s direction were found in the graves of pre-Columbian Native Americans. During the 1930s, when most of the University of Arkansas Museum excavations were conducted, professional archeologists throughout the U.S. routinely excavated the graves of pre-Columbian Native Americans as simply another kind of archeological feature. Human remains and associated artifacts were considered to be scientific specimens and stored in museums. In contrast, when graves of Euro-Americans were excavated, the exhumation was done by a funeral home, and the individuals were reburied. This double standard caused considerable resentment among native peoples.

Today, professional archeologists recognize that modern Native Americans have rightful and appropriate interests in the buried remains of their ancestors—even those whose graves were excavated many years ago. These interests are also recognized by federal and state legislation.

In 1990, the Federal Government passed the Native American Graves Protection and Repatriation Act (NAGPRA). This law requires consultation with Native American tribes prior to the excavation of graves located on federal lands. NAGPRA also provides a process for museums and federal agencies to return certain Native American cultural items (human remains, funerary objects, sacred objects and objects of cultural patrimony) to lineal descendants, culturally affiliated Indian tribes and Native Hawaiian organizations.

The State of Arkansas has passed several laws to protect human remains in unregistered cemeteries, to prohibit the trade or commercial display of human skeletal remains and associated funerary objects, and to protect archeological sites on state lands.

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The Old State House is a museum of the Department of Arkansas Heritage.

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