Native American Graves Protection and Repatriation Act of 1990

The Native American Graves Protection and Repatriation Act (NAGPRA) was signed into law on November 16, 1990. NAGPRA addresses the repatriation and disposition of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants, Indian Tribes, and Native Hawaiian organizations.

Why was the Native American Graves Protection and Repatriation Act passed?
Up to and into the 20^th century, private collectors, museums, and federal agencies created collections of Native American human remains and other objects unearthed during archeological and anthropological expeditions on tribes’ homelands. The human remains and objects were scientifically examined, curated, and put on display in exhibits. For Native American peoples, the desecration of their ancestors’ resting places and the removal of their ancestors’ remains and objects was deeply offensive and caused significant cultural pain.

Following Native American civil rights movements in the late 1960s, Congress passed the American Indian Religious Freedom Act (Pub.L. 95–341, 92 Stat. 469; 42 U.S.C. §1996) (AIRFA) in 1978 to protect Native peoples’ basic civil liberties, including practice of their religions and sacred ceremonies. NAGPRA provided a next step in recognizing basic civil liberties. It addressed the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony found in Federal agencies and institutions that receive federal funds, and addressed trafficking of these materials by private individuals.

What does the Native American Graves Protection and Repatriation Act do?
NAGPRA requires federal agencies and institutions that receive federal funds (including museums, universities, state agencies, and local governments) to:

• Repatriate or transfer Native American human remains and other cultural items to the appropriate parties.

• Conduct repatriation or transfer through consultation and collaboration with lineal descendants, Indian Tribes, and Native Hawaiian organizations.

• Protect and plan for Native American human remains and other cultural items that may be removed from federal or tribal lands.

• Identify and report all Native American human remains and other cultural items in inventories and summaries of holdings or collections.

• Give notice prior to repatriating or transferring human remains and other cultural items.

The law also:

• Stipulates that illegal trafficking in human remains and cultural items may result in criminal penalties;

• Authorizes the Secretary of the Interior to administer a grants program to assist museums and Indian Tribes in complying with certain requirements of the statute;

• Requires the Secretary of the Interior to establish a Review Committee to provide advice and assistance in carrying out key provisions of the statute;

• Authorizes the Secretary of the Interior to penalize museums that fail to comply with the statute; and,

• Directs the Secretary to develop regulations in consultation with this Review Committee.

What is the significance and impact of the Native American Graves Protection and Repatriation Act?
NAGPRA is both a human rights law and a cultural heritage law. Through NAGPRA, Congress acknowledged that human remains and other cultural items in holdings or collections or removed from federal or tribal lands belong to lineal descendants, Indian Tribes, and Native Hawaiian organizations. The law opened paths for museums, federal agencies, and Native Americans to work together to identify and return human remains and funerary objects to their communities of origin.

A significant impact from NAGPRA is increased communication between archeologists, museum staff, and Native Americans. NAGPRA requires that Indian tribes or Native Hawaiian organizations be consulted whenever archeological investigations encounter, or are expected to encounter, Native American cultural items or when such items are unexpectedly discovered on Federal or tribal lands. Excavation or removal of any such items also must be done under procedures required by the Archaeological Resources Protection Act (Sec. 3 (c)(1)).

The stipulations in NAGPRA concerning illegal trafficking in human remains and cultural items has provided a tool to prosecute violators and recover criminal penalties. It, in combination with the Archaeological Resources Protection Act, can provide a powerful disincentive for the sale of culturally affiliated materials.

Work to comply with NAGPRA is ongoing and has made considerable progress since enactment of the law. According to the National NAGPRA Program, as of FY2022:

• 92% of culturally affiliated human remains have completed the NAGPRA process,

• Over 1.86 million associated funerary objects have been transferred with human remains,

• 31% of museums subject to NAGPRA have resolved all Native American human remains under their control,

• More than 353,000 unassociated funerary objects have been repatriated,

• About 22,600 other cultural items have been repatriated,

• 82 Review Committee meetings have been held between FY 1990-FY 2022,

• $59,111 has been collected in civil penalties for failures to comply, and

• $56 million has been awarded in NAGPRA grants.

Additional reports are found at Program Reports - Native American Graves Protection and Repatriation Act.

What are the citations for the Native American Graves Protection and Repatriation Act and its regulations?
NAGPRA is found in public law at P.L. 101-601; 104 Stat. 3048-3058 and in the U.S. Code at 25 U.S.C. §§ 3001-13; 104 Stat. 3048-3058. NAGPRA has not been amended.

The implementing regulations for NAGPRA are 43 C.F.R. Part 10, "Native American Graves Protection and Repatriation". For information about 43 C.F.R. Part 10, see NAGPRA Regulations.

For More Information
National Park Service, National NAGPRA Program

National Park Service, Park NAGPRA Program