One of the many reasons why NAGPRA is so important is because otherwise, the remains of our ancestors, deceased relatives and cultural artifacts are at the mercy of "scientists" like Weiss, who mishandle them, ethically misuse them, and attack Natives for supporting repatriation.
For more information on NAGPRA: https://www.nps.gov/subjects/nagpra/index.htm
Free Shipping - ISBN: 9780803269088 - paperback - University of Nebraska Press - 2002 - Condition: Good - Grave Injustice: The American Indi
For the first time, tribal nations forcibly removed from Illinois will have final say in how and when the remains of their ancestors will be
I'm trying to come up with something clever to say here but I feel like I've been hit by a truck. In a good way. I never thought anything like this would pass in the Midwest, not even in a blue state like IL, because it's simply not the kind of thing anybody campaigns on or even talks about at the gubernatorial level.
This is honestly the perfect legal addendum to NAGPRA, and I'm thrilled it's at the state level. This type of legislation would be way too complex at the federal level, but the individual state responsibilities are manageable, and more importantly, doable.
Here's some of the highlights of what the law does:
It is now the state's responsibility to help return ancestral remains, funerary objects and other important cultural items to tribal nations
The state must follow the lead of tribal nations throughout the repatriation process.
Money must be allocated as part of the state Repatriation and Reinterment Fund to help with the costs of reburial, tribal consultation and the repair of any damage to burial sites, remains or sacred items.
Criminal penalties for the looting and desecration of gravesites are increased, and the law adds a ban on profiteering from human remains and funerary objects through their sale, purchase or exhibition.
Tribal nations must be consulted as soon as possible when Indigenous gravesites are unintentionally disturbed or unearthed — such as during construction projects. (We already had kind of a version of this, but it wasn't strong enough.)
IDNR must set aside and maintain land solely for the reburial of repatriated Native American ancestors and their belongings, as tribal nations have pointed to the lack of protected places for reburial in Illinois as among the highest barriers to repatriation.
Institutions that display human remains that are Native American and any items that were originally buried with those individuals (funerary items) cannot charge admission. You want to display looted grave goods? No money for you. (This is specifically targeting the Dickinson Mounds Museum, which is... well, it started as a guy's private display of Native American skeletons he personally looted. The state took it over in the 90s, but they didn't rebury any of the 230~ human skeletons.)
My favorite comment is this: When asked about what he would say to museums that may push back against the law, Illinois State Rep. Mark L. Walker said: “Too bad.”
Honored to have spent time with these two historical Tlingit clan hats currently still at the Penn Museum. They are in the process of being repatriated to the Sitka Tribe of Alaska.
1. Ganook Hat (NA6864): Ganook (The Petrel), early 18th c. (one of the oldest known surviving Tlingit hats!)
Maple wood, paint, Opercula shell, fur, hair, spruce root; L 28 x W 27 x H 37 cm
It was 30 years ago this month that a couple of college students in Kennewick, Wash., stumbled upon a rare archaeological discovery — one th
By: Timothy Sandefur and Elizabeth Weiss
Published: Jul 9, 2026
It was 30 years ago this month that a couple of college students in Kennewick, Wash., stumbled upon a rare archaeological discovery — one that would help trigger a war between science and racial identity politics, or what we now call “DEI.” Three decades later, it’s clear that if we don’t act quickly, it’s a fight science will probably lose.
What the students found was a 9,000-year-old skeleton that was soon nicknamed Kennewick Man. It was certainly one of the most precious anthropological finds ever. At the time, it was the oldest human skeleton ever found in North America, and it had signs of an injury from an arrow or a spear. More intriguingly, it seemed to have less in common with the skeletons of Native Americans than with those of ancient Japanese peoples, thus potentially changing our understanding of how humans first arrived in the New World.
But that’s when the federal government stepped in. Under a law called the Native American Graves Protection and Repatriation Act, or NAGPRA, skeletons found on federally owned land (as Kennewick Man was) must be turned over, or “repatriated,” to the Native American tribes they’re related to. NAGPRA was written in response to the actions of 19th- and early 20th-century archaeologists who sometimes engaged in practices that would be unacceptable today to acquire specimens, and it requires not only the “repatriation” of human remains, but also of “funerary objects” — that is, things buried alongside bodies.
Kennewick Man was far older than any existing tribe and not related to any of them. Nevertheless, tribal officials insisted that the bones be kept away from scientific study and turned over for reburial, which would destroy their usefulness for scientific research. In compliance with those demands, federal officials confiscated the skeleton and buried the Kennewick Man site under 600 tons of rock and fill to prevent any further discoveries.
Scientists sued, arguing that NAGPRA simply doesn’t apply to objects that old. After years of litigation, federal courts ruled in their favor. Indeed, the courts found that government officials had acted in bad faith and awarded the scientists $2 million in attorney fees. A year later, even though DNA research revealed that Kennewick Man was closest to South American indigenous peoples, an executive order by then-President Barack Obama forced the scientists to turn Kennewick Man over to a group of Northwest Coast Native American tribes who destroyed the bones forever.
That was bad enough, but in the years since, tribal activists and sympathetic politicians have taken increasingly aggressive positions in demanding the “repatriation” of specimens — many of which have no true connection to tribes, and others that aren’t even particularly old. Some museums have even “repatriated” artworks made in the 1980s and purchased from gift shops — as if these were sacred remnants of someone’s ancestors.
Today, in museums across the country, it has become common to see empty display cases, featuring signs like the one spotted recently at the San Diego Museum of Us: “As part of our decolonization process, these items have been moved to a sanctuary space.”
Equally absurd are cases in which scientists are forced to relinquish animal bones — literally the trash our ancestors threw away — on the theory that they’re somehow “funerary objects” that should be off-limits out of racial or religious sensitivities.
What’s more, some museums have adopted rules based on tribal practices to govern how scientists handle objects in their collections. These sometimes bar female scientists from handling specimens, since that’s sometimes prohibited by Native religious taboos. Museums are also required by federal regulation to have “advisory” committees that include practitioners of tribal religions. Christians, Jews, and Hindus aren’t given the same preferential treatment.
It’s hard to imagine a starker example of the collision between racial identity politics and the scientific rationality that our social and technological progress depends on. Out of deference to politically correct race politics and irrationally romanticized conceptions about “stolen land,” the institutions where science should reign supreme are being suborned into erasing the accumulated knowledge of centuries. In effect, an entire field of scientific inquiry has been placed at risk by an overzealous activist movement using the regulatory power of the state.
The study of human remains and artifacts isn’t just some antiquarian hobby. It provides critical insights about present-day issues like climate change and provides insights that can help police officers solve crimes. But entire areas of anthropological research may now be shutting down, thanks to the aggressive use and misuse of NAGPRA.
The science of anthropology can still be saved if we act now. Museum officials and state governments can push back. For one thing, many “repatriation” efforts aren’t actually required by NAGPRA. Museum leaders should refuse to be cowed by activist demands that fall outside the law. And states should adopt legislation prohibiting the return of specimens that are too old to be associated with a tribe or too young to be a “funerary object.” They should also forbid any museum from following rules that discriminate on the basis of sex or religion.
Science is too precious to be sacrificed to the political demands of DEI and the wishful thinking of angry activists who prioritize race over research, discovery, and progress.
My favorite question to be asked as an anthropologist is “what is the line that makes it archeology and not grave robbing?” because literally nobody ever anticipates my answer, which is is always “it’s literally always grave robbing”
