NAGPRA requires human remains be repatriated to tribes, but the Smithsonian is exempt. As first curator of its physical anthropology division (1904–1941), Ales Hrdlička amassed 30,700+ human remains, including 255 brains, and used body measurements to promote racial determinist and eugenics ideas. A grim institutional history worth digging into. ⚱️
Smithsonian exempt from NAGPRA while Hrdlicka amassed 30,700 human remains

Key facts
- NAGPRA, the Native American Graves Protection and Repatriation Act, is described as requiring that human remains be turned over to the relevant tribe, with the Smithsonian exempt from that requirement.
- The video cites Ales Hrdlicka as the first curator of the Smithsonian's physical anthropology division from 1904 to 1941, who amassed more than 30,700 human remains including a collection of 255 brains.
- The presenter says Hrdlicka used body measurements to advance racial determinist, eugenics and white supremacist theories.
- The video says Hrdlicka spent much of his career dismissing claims that giant bones had been found in North America, classifying such finds as normal humans or ancient animals to guard the accepted timeline of the Americas.
- The presenter cites a 1959 discovery of a 7-foot-3-inch skeleton examined at the Carnegie Museum of Natural History and argues that debunkers misquote the examining anthropologist, who said in-ground measurements indicated a living height of 7 feet 3 inches.
Sources
Why New Federal Regulations on Native Displays Don't ...washingtonian.com
Unlike the revised NAGPRA regulation, the NMAI Act does not require consent before displaying or possessing a Native cultural object or human ...
Hitting the Reset Button On Repatriationamericanindianmagazine.org
the NMAI Act only applies to Smithsonian museums whereas the NAGPRA applies to other U.S. institutions or museums that receive federal funding.
mending-the-circle-repatriation.pdfnarf.org
The Smithsonian is specifically exempted from the law. Winter 1990. The NARF Legal Review stated that NAGPRA “revolutionized federal policy concerning ...
Cultural Sovereignty Lawsindian-affairs.org
The Museum Act also does not include the "scientific study" and "conflicting claims" exceptions to repatriation, as does NAGPRA, nor does
Frequently Asked Questions - Native American Graves ...nps.gov
The Smithsonian Institution is not subject to NAGPRA, but repatriates under the National Museum of the American Indian Act of 1989, 20 U.S.C. ...
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