Native American Graves Protection and Repatriation Act
Published on AidPage by
IDILOGIC on Jun 24, 2005
Purpose of this program:
To provide grants to museums to assist in the 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 with which they are culturally affiliated.
Possible uses and use restrictions...
Project grants may support the following: 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, cultura affiliation, proper care, treatment, and repatriation of Native American cultural items; b) bring traditional religious leaders and representatives, 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) continued documentation of unassociated funerary objects of cultural patrimony in consultation with lineal descendants, traditional religious leaders and Indian tribe, Alaska Native village and corporation, and Native Hawaiian organization officials. 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 museums 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 cultural items; and e) document the cultural affiliation of Native American human remains and 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 Indian tribe, Alaska Native village and corporation or Native Hawaiian organization or museum representatives to accompany or accept human remains or other cultural items that are being repatriated; b) transportation of authorized representatives of Indian tribes, Alaska Native villages and corporations, Native Hawaiian organizations, or museums to accept and/or accompany human remains or cultural items that are being repatriated; and c) construction of appropriate containers for the transport and disposition of repatriated Native American human remains and 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 C.F.R. 10 Subpart B; museum or tribal 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.
Who is eligible to apply...
Eligible applicants for museum documentation awards include any institution or State, local or nonfederal agency (including any institution of higher learning) that has possession of, or control over, Native American human remains or 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 descendents, Indian tribes, and Native Hawaiian organizations; and submitted an inventory of Native American human remains and associated funerary objects in their collections to the Natinal Park Service and culturally affiliated Indian tribes. 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 Kupuna `O Hawai`I Nei. Applications for repatriation awards will only be considered only after publication of the required Notice of Inventory Completion or Notice of Intent to Repatriate in the Federal Register.
Credentials/Documentation
Office of Management and Budget (OMB) Circular No. A-87 "Cost Principles for State and Local Governments" applies for Indian tribes and State and Local Governments. OMB Circular No. A-122 applies for nonprofit institutions. OMB Circular No. A-21 applies for universities.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
must satisfy.
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Application Procedure:
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 Natinal Park Service National NAGPRA program by telephone at (202) 354-2207, by e-mail at NAGPRA_Grants@nps.gov, or on the web at http://www.cr.nps.gov/nagpra/grants.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Award Procedure:
An annual appropriation is allocated by the Secretary of the Interior.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
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. Contact the National Park Service National NAGPRA program by telephone at (202) 354-2207, by e-mail at NAGPRA_Grants@nps.gov, or on the web at http://www.cr.nps.gov/nagpra/grant.
Note:
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
Approximately 5 months between application deadline and notification of award amount.
Preapplication Coordination
This program is excluded from coverage under Executive Order 12372. An Environmental Impact Statement/Assessment is not required for this program.
Note:
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
Appeals
Not applicable.
Note:
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
Renewals
Not applicable.
Note:
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
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 Native American human remains or 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 culturally affiliated Indian tribes; 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. 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 Kupuna `O Hawai`I Nei. Repatriation grants will be awarded only after publication of the required Notice of Inventory Completion or Notice of Intent to Repatriate in the Federal Register.
Beneficiaries
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Project Grants
The funding, for fixed or known periods, of specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants.
How much financial aid...
Range and Average of Financial Assistance
$5,000 to $75,000 for museum and tribal documentation grants; $5,000 to $15,000 for repatriation grants. Average amount for a documentation grant, $60,107. Average amount for a repatriation grant, $8,635.
Note:
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
Obligations
(Grants) FY 03 $2,451,000; FY 04 est $2,437,000; and FY 05 est $2,451,000.
Note:
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Account Identification
14-1042-0-1-303.
Note:
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
Projects include but are not limited to: NAGPRA Documentation and Summary Assessment Projects: a type of grant which provides tribes with the funds necessary to set up a NAGPRA program and begin organizing information received from museums, researching cultural affiliation and communicating with museums; Consultation with Tribes: a type of grant that 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 that provides funding for regional workshops and training sessions allowing broad dissemination of information on the implementation of NAGPRA as well as information tailored to a particular locale.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
Program accomplishments...
As of fiscal year 2003, 418 grants totaling over $22 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.
Criteria for selecting proposals...
Grant proposals are objectively evaluated according to four criteria: Criterion A - Are the project objectives 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 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 outline a plan to work with specific Indian tribes and/or museums. Are the project objectives clearly described? 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 activities and project objectives? Are activities organized logically? Are project methods and techniques described clearly? Are the roles and responsibilities of all participants defined clearly? Criterion C - Is the budget reasonable to accomplish project tasks and activities? Are budget items necessary to accomplish project activities? Is the budget sufficient to explain project costs in detail? Criterion D - Are project personnel qualified to accomplish the project objectives? Are project personnel qualified for the activities and tasks assigned? Are unfilled positions and consultancies clearly described? Are search criteria defined for all unfilled positions and consultancies?
Assistance considerations...
Length and Time Phasing of Assistance
Grants are awarded for up to 18 months. Payments are made upon request for costs incurred.
Formula and Matching Requirements
There is no statutory apportionment formula; grants are awarded competitively. Nonfederal matching share is not required, but is encouraged.
Note:
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
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.
Note:
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit 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.
Note:
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
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).
Note:
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Regulations...
Authorization
Native American Graves Protection and Repatriation Act of 1990 (NAGPRA); Section 10, Public Law 101-601, 25 U.S.C. 3008.
Note:
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
Guidelines and proposal materials are available upon request from the NAGPRA Grants Program, National Park Service, National Center for Cultural Resources, 1849 C Street, NW., MS 2253, Washington, DC 20240. Requests may also be directed to the National NAGPRA Program at (202) 354-2207, or via e-mail at NAGPRA_Grants@nps.gov.