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Dear USET/USET SPF Family,
We write to share information about an important pending case with large-scale implications for Tribal Nations. In Winnebago Tribe of Nebraska v. U.S. Dept. of Army et al., 1:24-cv-00078, filed in the U.S. District Court for the Eastern District of Virginia, Winnebago argues the Department of the Army is obligated under the Native American Graves Protection and Repatriation Act (NAGPRA) to repatriate Native children from the cemetery located at the Carlisle Indian Industrial School.
Carlisle was opened by the federal government in 1879 and operated until 1918 under the forced assimilation ideology of “kill the Indian, save the man.” Approximately 7,800 Native children from more than 140 Tribal Nations were forced to attend Carlisle. Carlisle officials buried at least 179 students on the grounds. Many died of disease, poor living conditions, and abuse. Carlisle served as the model for what would become a system of 408 similar federal institutions nationwide.
The Department of the Army denied Winnebago’s request for repatriation under NAGPRA, stating NAGPRA’s repatriation requirement for museums and federal agencies at 25 U.S.C. § 3005 does not apply because “[i]ndividually named graves located within the Carlisle Barracks Post Cemetery do not constitute ‘holdings or collections’ of the Army.” In its denial letter, the Department also said NAGPRA’s provision at 25 U.S.C. § 3002 requiring return of remains discovered on federal or tribal land does not apply because “Federal Courts have held that NAGPRA . . . does not require the Army to engage in the intentional excavation or exhumation of a grave.” The Department is willing to return remains under Army Regulation 290-5, but this process is only available to the closest living relative, is not designed for or protective of Tribal Nations, and does not offer relief when the Department is unable to locate a child’s remains—a common problem caused by the federal government moving the cemetery. Winnebago brought suit to establish that NAGPRA applies and mandates repatriation.
Winnebago is just one of many Tribal Nations whose children are interred at Carlisle and other Indian boarding schools, and we are aware of at least one USET member Tribal Nation seeking to bring home a child at Carlisle. USET SPF is looking at ways to be supportive of this litigation and other efforts to clarify NAGPRA’s application to Indian boarding schools.
If your Tribal Nation has children interred at Carlisle or other Indian boarding schools and you would like your story and experiences to be part of USET SPF’s advocacy work, please reach out to USET SPF General Counsel, Katie Klass kklass@usetinc.org
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