Native American Graves Protection and Repatriation Act

To provide grants to museums to assist in the consultation on and documentation of Native American human remains and cultural items; to provide grants to Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations to assist in identifying human remains and cultural items,
including sacred objects, with which they are culturally affiliated; and to provide grants to museums, Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations to assist in the repatriation of human remains and cultural items which they are culturally affiliated.
Examples of Funded Projects

Projects include but are not limited to: NAGPRA Consultation/Documentation Projects: a type of grant which provides tribes with the funds necessary to set-up a NAGPRA office and begin organizing information received from museums, researching cultural affiliation and communicating with museums; Consultation with Tribes: a type of grant which provides museums with the funds necessary to finance tribal visits which facilitate consultation and allow dialogue about collections; NAGPRA Compliance Workshops: a type of grant which provides funding for regional workshops and training sessions allowing the broad dissemination of information on the implementation of NAGPRA as well as information tailored to suit a particular locale.


Agency - Department of the Interior

The Department of the Interior protects and provides access to the Nation's natural and cultural heritage, including responsibilities to Indian tribes and island communities. Departmental goals include resource protection and usage, overseeing recreational opportunities, serving communities and excellence in management.



Program Accomplishments

As of fiscal year 2006, 523 grants totaling over $27 million has been awarded to museums, Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations for projects that include the creation of museum/tribe partnerships through staff exchanges; workshops and training opportunities; the coordination of inter-tribal and intra-museum discussions; hiring tribal repatriation coordinators to prepare and review NAGPRA-related documentation, and returning human remains and cultural items to Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations.

Uses and Use Restrictions

Project grants may support the following: Consultation/Documentation grants for museums may be used to: (a) bring lineal descendants, traditional religious leaders, and authorized representatives of Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations to inspect collections and consult regarding the identification, cultural affiliation, proper care, treatment, and repatriation of Native American cultural items; (b) bring traditional religious leaders, and authorized representatives of Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations to inspect collections and consult regarding culturally unidentifiable Native American human remains; (c) provide NAGPRA training for staff members; (d) fund travel by staff members to consult with lineal descendants, traditional religious leaders, and Indian tribe, Alaska Native village and corporation, and Native Hawaiian organization officials regarding the proper care, treatment, and disposition of Native American cultural items; and (e) update documentation of unassociated funerary objects, sacred objects, and objects of cultural patrimony in consultation with lineal descendants, traditional religious leaders, and authorized representatives of Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations.

Consultation/Documentation grants for Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations may be used to: (a) assess and evaluate summaries, inventories, and other documentation provided by museums and Federal agencies; (b) provide NAGPRA training for staff members; (c) communicate with museum and Federal agency officials regarding culturally affiliated human remains and cultural items; (d) travel to inspect collections and consult with museum and Federal agency officials regarding the identification, cultural affiliation, proper care, treatment, and repatriation of Native American human remains and other cultural items; (e) travel to consult with museum and Federal agency officials regarding culturally unidentifiable Native American human remains; (f) document the cultural affiliation of Native American human remains and other cultural items currently in the control of museums and Federal agencies.

Repatriation grants for museums, Indian tribes, Alaska Native villages and corporations, and Native Hawaiian organizations may be used for: (a) travel by authorized representatives of Indian tribes, Alaska Native villages and corporations, Native Hawaiian organizations, or museums to accept and/or accompany human remains or other cultural items that are being repatriated; (b) transportation of Native American human remains or other cultural items that are being repatriated; and (c) construction of appropriate containers for the transport and disposition of repatriated Native American human remains and other cultural items.

Grant funds may not be used for: activities related to the documentation or repatriation of human remains and cultural items from the Smithsonian Institution; activities related to the inadvertent discovery and/or intentional excavation of Native American human remains and other cultural items on Federal or tribal lands pursuant to NAGPRA Section 3 and 43 CFR 10 Subpart B; museum or tribal litigation costs, including expert testimony; care and curation of repatriated Native American human remains and cultural items; construction or renovation of facilities; or purchase of land or buildings; costs associated with the transport of cultural items for which control is not transferred to a lineal descendant, Indian tribe, or Native Hawaiian organization; overhead or indirect cost rates above 25 percent; projects proposed by applicants who have previously received a NAGPRA grant, but whose grant expired without successfully completing major elements of the proposed work, or without meeting theconditionsofthe grant award.

Eligibility Requirements

Applicant Eligibility

Eligible applicants for museum documentation awards include any institution or State or local government agency (including any institution of higher learning) that has possession of, or control over, of Native American human remains or other cultural items and which has completed the following NAGPRA obligations: provided a written summary of their Native American collections to the National Park Service and appropriate lineal descendants, Indian tribes, and Native Hawaiian organizations; and submitted an inventory of Native American human remains and associated funerary objects in their collections to the National Park Service and culturally affiliated Indian tribes and Native Hawaiian organizations.

Eligible applicants for tribal documentation and repatriation awards are Indian tribes, Alaska Native villages or corporations, and Native Hawaiian organizations that meet the criteria outlined in the Native American Graves Protection and Repatriation Act.

An Indian tribe is defined in NAGPRA as any tribe, band, nation, or other organized group or community of Indians, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

Alaska Native villages and corporations include those groups or communities defined in, or established pursuant to, the Alaska Native Claims Settlement Act.

Native Hawaiian organizations include any organization that: serves and represents the interests of Native Hawaiians; has as a primary and stated purpose the provision of services to Native Hawaiians; and has expertise in Native Hawaiian Affairs.

NAGPRA states that such Native Hawaiian organizations shall include the Office of Hawaiian Affairs and Hui Malama I Na Kapuna `O Hawai`i Nei.

Applications for repatriation awards will be considered only after publication of the required Notice of Inventory Completion or Notice of Intent to Repatriate in the Federal Register.

Funding is not available for activities that occur prior to the submissions of the application.

Beneficiary Eligibility

Eligible beneficiaries for museum documentation awards include any institution or State or local government agency (including any institution of higher learning) that has possession of, or control over, of Native American human remains or other cultural items and which has completed the following NAGPRA obligations: provided a written summary of their Native American collections to the National Park Service and appropriate lineal descendants, Indian tribes, and Native Hawaiian organizations; and submitted an inventory of Native American human remains and associated funerary objects in their collections to the National Park Service and culturally affiliated Indian tribes and Native Hawaiian organizations. Eligible beneficiaries for tribal documentation and repatriation awards are Indian tribes, Alaska Native villages or corporations, or Native Hawaiian organizations that meet the criteria outlined in the Native American Graves Protection and Repatriation Act. An Indian tribe is defined in the statute as any tribe, band, nation, or other organized group or community of Indians, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Alaska Native villages and corporations include those groups or communities defined in, or established pursuant to, the Alaska Native Claims Settlement Act. Native Hawaiian organizations include any organization that: serves and represents the interests of Native Hawaiians; has as a primary and stated purpose the provision of services to Native Hawaiians; and has expertise in Native Hawaiian Affairs. NAGPRA states that such Native Hawaiian organizations shall include the Office of Hawaiian Affairs and Hui Malama I Na Kapuna `O Hawai`i Nei. Applications for repatriation awards will be considered only after publication of the required Notice of Inventory Completion or Notice of Intent to Repatriate in the Federal Register. Funding is not available for activities that occur prior to the submissions of the application.

Credentials/Documentation

Office of Management and Budget (OMB) Circular A-87 "Cost Principles for State and Local Governments" applies for Indian tribes and State institutions. OMB Circular A-122 applies for non-profit institutions. OMB Circular A-21 applies for universities.

Aplication and Award Process

Preapplication Coordination

This program is excluded from coverage under Executive Order 12372.

An Environmental Impact Statement/Assessment is not required for this program.

Application Procedures

Museums, federally recognized Indian tribes, and Native Hawaiian organizations may apply for annual grants in the form of planned activities and projects. Provisions of 43 CFR Part 12 apply. Applicants may contact the National Park Service National NAGPRA program by telephone at (202) 354-2203, by E-mail: NAGPRA_Grants@nps.gov, or on the Web at http://www.cr.nps.gov/nagpra/grants OR http://grants.gov.

Award Procedures

An annual appropriation is allocated by the Secretary of the Interior.

Deadlines

Set dependent upon the date of enactment of appropriations for the fiscal year for which assistance is requested, but generally set approximately February or March each year. For application deadlines, contact the National Park Service National NAGPRA program by telephone at (202) 354-2203, by e-mail at NAGPRA_Grants@nps.gov, or on the Web at http://www.cr.nps.gov/nagpra/grants.

Authorization

Native American Graves Protection and Repatriation Act of 1990 (NAGPRA); Section 10, Public Law 101-601, 25 U.S.C. 3008.

Range of Approval/Disapproval Time

None.

Appeals

None.

Renewals

None.

Assistance Considerations

Formula and Matching Requirements

There is no statutory apportionment formula; grants are awarded competitively.

Length and Time Phasing of Assistance

Grants are awarded for up to 18 months. Payments are made upon request for costs incurred.

Post Assistance Requirements

Reports

An Interim Progress Report and a Final Progress Report are required from each grantee.

A Federal Cash Transaction Report (SF-272) must be submitted to report expenditure of any Advance Payments made to a grantee.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records

Full fiscal and project records to be maintained by grantees in accordance with OMB Circular Nos. A-87 and A-102 (for Indian tribes and State and local governments) or OMB Circular Nos. A-110 (for nonprofit institutions) and A-122 or OMB Circular Nos. A-21 and A-110 (for all other grantees).

Financial Information

Account Identification

14-1042-0-1-303.

Obigations

(Grants) FY 07 $2,400,000; FY 08 $2,400,000; and FY 09 est $2,350,000.

Range and Average of Financial Assistance

$5,000 to $75,000 for museum and tribal consultation/documentation grants; any amount up to $15,000 for repatriation grants. Average amount for a documentation grant: $63,380. Average amount for a repatriation grant: $10,931.

Regulations, Guidelines, and Literature

Guidelines and proposal materials are available upon request from the National Park Service, National NAGPRA Program, 1849 C Street, N.W. (2253), Washington, DC 20240. Requests may also be directed to the National NAGPRA Program at (202) 354-2203, or via E-mail: NAGPRA_Grants@nps.gov.

Information Contacts

Regional or Local Office

None.

Headquarters Office

National NAGPRA, National Park Service, 1849 C Street, N.W. (2253), Washington, DC 20240-0001. Telephone (202) 354-2203; Fax: (202) 371-5197; E-mail: NAGPRA_Grants@nps.gov. Program inquiries should be directed to Sherry Hutt E-mail: Sherry_Hutt@nps.gov.

Criteria for Selecting Proposals

Grant proposals will be evaluated according to four criteria: Criterion A - Are the objectives of the project consistent with the goals of Native American Graves Protection and Repatriation Act? (Projects that are inconsistent with NAGPRA's goals will not be considered for funding). Are the project objectives clearly described? Special consideration will be given to collaborative proposals, especially proposals that focus on sharing and disseminating information among multiple museums and/or Indian tribes, or that outline a plan to work with specific Indian tribes and/or museums. Criterion B - Is the project designed to accomplish the project objectives efficiently? Are the activities clearly described in detail, with an explicitly stated link between the activities and the stated objectives? Are activities organized logically? Are project methods and techniques described clearly? Are the roles and responsibilities of all participants defined clearly and described? Applicants with previously funded NAGPRA grants will have to include a description of the progress achieved and describe how the new project fits with the previously funded one. Criterion C - Is the budget reasonable to accomplish project tasks and activities? Are budget items necessary to accomplish project activities? Is the budget justification sufficient to explain project costs in detail? Criterion D - Are project personnel qualified to accomplish project objectives? Are project personnel are qualified for the activities and tasks assigned? Are unfilled positions and consultancies clearly described? Are search criteria defined for all unfilled positions and consultancies?



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