Culturally Affiliated Human Remains

Courtesy of the Colorado Historical Society.

Museums and Federal agencies are required to develop a list of the Native American human remains and associated funerary objects that are reasonably culturally affiliated with a present-day Indian Tribe or Native Hawaiian organization.

How is cultural affiliation established?

After consulting with Indian Tribes and Native Hawaiian organizations, museums and Federal agencies must evaluate all available information to determine cultural affiliation. The information may include anthropological, archeological, or biological evidence, folkloric references, geographical location, historical data, kinship ties, linguistic connection, oral traditions, other relevant information, or expert opinion. Although cultural affiliation may not be clearly identified in the available information, a museum or Federal agency may identify Indian Tribes and Native Hawaiian organizations who are "likely to be culturally affiliated" with human remains and associated funerary objects based on the totality of circumstances surrounding the acquisition of the human remains and associated funerary objects.

How are culturally affiliated inventories reported?

The Inventories Database lists Native American human remains that have been identified as culturally affiliated. The database summarizes the inventory information submitted by museums and Federal agencies and is not meant to be an exact copy of their inventory. Changes, updates, or new inventories of culturally affiliated human remains should be sent to the National NAGPRA Program.

How are culturally affiliated human remains returned?
Museums and Federal agencies must consult with Indian Tribes and Native Hawaiian organizations prior to completing their inventories and must publish notices of inventory completion for all culturally affiliated human remains. Following the publication of a notice, Indian Tribes or Native Hawaiian organizations listed in the notice may request repatriation of the culturally affiliated human remains. Repatriation requests may occur at any time after publication of a notice and prior to repatriation.

Legislative Intent for Cultural Affiliation

US House Report, 101-877, Oct. 15, 1990 
"In the definition of 'cultural affiliation' the requirement that a tribe show a 'shared group identity which can be reasonably traced historically or prehistorically' is intended to ensure that the claimant has a reasonable connection with the materials. Where human remains and associated funerary objects are concerned, the committee is aware that it may be extremely difficult, in many instances, for claimants to trace an item from modern Indian tribes to prehistoric remains without some reasonable gaps in the historic or prehistoric record. In such instances, a finding of cultural affiliation should be based upon an overall evaluation of the totality of the circumstances and evidence pertaining to the connection between the claimant and the material being claimed and should not be precluded solely because of some gaps in the record."

US Senate Report 101-473, Sept. 26, 1990 
"The Committee intends that the 'cultural affiliation'of an Indian tribe to Native American human remains or objects shall be established by a simple preponderance of the evidence. Claimants do not have to establish 'cultural affiliation' with scientific certainty....The requirement of continuity between present day Indian tribes and materials from historic or prehistoric Indian tribes is intended to ensure that the claimant has a reasonable connection with the materials...The Committee also recognizes that there are a significant number of Native American human remains, funerary objects and sacred objects for which the cultural affiliation may not be readily ascertainable. The Committee does not intend this Act to require museums or Federal agencies to conduct exhaustive studies and additional scientific research to conclusively determine the cultural affiliation of human remains or objects within their collections."