What is NAGPRA?
The Native American Graves Protection and Repatriation Act is a Federal law passed in 1990. NAGPRA provides processes for museums and Federal agencies to return certain Native American cultural items -- human remains, funerary objects, sacred objects, or objects of cultural patrimony -- to lineal descendants, Indian tribes, and Native Hawaiian organizations. NAGPRA authorizes Federal grants to Indian tribes, Native Hawaiian organizations, and museums to assist with the documentation and repatriation of Native American cultural items. NAGPRA establishes the Native American Graves Protection and Repatriation Review Committee to monitor the NAGPRA process and facilitate the resolution of disputes that may arise concerning repatriation under NAGPRA. Violations of NAGPRA are addressed through criminal and civil enforcement.
Who is responsible for complying with NAGPRA?
All Federal agencies are subject to NAGPRA. All museums (any institution, university, state agency, or local agency that receives Federal funds) are also subject to NAGPRA. 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. 80q.
Who may request Native American cultural items under NAGPRA?
NAGPRA provides for requests by lineal descendants, Indian tribes, and Native Hawaiian organizations.
A lineal descendant is an individual tracing his or her ancestry directly and without interruption by means of the traditional kinship system of the appropriate Indian tribe or Native Hawaiian organization or by the common law system to a known Native American individual whose remains, funerary objects, or sacred objects are being requested.
An Indian tribe is any tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. The Bureau of Indian Affairs publishes annually a list of Indian Tribes in the Federal Register. To find contact information and reservation boundary information, use the current Bureau of Indian Affair's Tribal Leaders Directory.
A Native Hawaiian organization includes any organization that: (a) serves and represents the interests of Native Hawaiians, (b) has as a primary and stated purpose the provision of services to Native Hawaiians, and (c) has expertise in Native Hawaiian Affairs, and includes the Office of Hawaiian Affairs. The Department of the Interior has interpreted this definition to include 'ohanas (Native Hawaiian kin groups). A list of Native Hawaiian organizations that meet the above definition can be found at https://www.doi.gov/hawaiian/NHOL. In accordance with Hawaii State law, the Island Burial Councils also maintain lists of appropriate Hawaiian organizations, agencies, and offices to notify regarding the discovery of human remains in the Hawaiian Islands.
Can a nonfederally recognized Indian group participate in the NAGPRA process?
NAGPRA does not require museums and Federal agencies to consult with nonfederally recognized Indian groups. Nonfederally recognized Indian groups may seek the return of Native American human remains and cultural items by working with Federally recognized Indian Tribes.
What kind of items are covered under NAGPRA?
Cultural items means a funerary object, sacred object, or object of cultural patrimony according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization.
Human remains means any physical part of the body of a Native American individual. This term does not include human remains to which a museum or Federal agency can prove it has a right of possession.
(1) Human remains reasonably believed to be comingled with other materials
(such as soil or faunal remains) may be treated as human remains.
(2) Human remains incorporated into a funerary object, sacred object, or object of
cultural patrimony are considered part of the cultural items rather than human remains.
(3) Human remains incorporated into an object or item that is not a funerary
object, sacred object, or object of cultural patrimony are considered human remains.
Funerary object means any object reasonably believed to have been placed intentionally with or near human remains. A funerary object is any object connected, either at the time of death or later, to a death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. This term does not include any object returned or distributed to living persons according to traditional custom after a death rite or ceremony. Funerary objects are either associated funerary objects or unassociated funerary objects.
Sacred object means a specific ceremonial object needed by a traditional religious leader for present-day adherents to practice traditional Native American religion, according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. While items might be imbued with sacredness in a culture, this term is specifically limited to an object needed for the observance or renewal of a Native American religious ceremony.
Object of cultural patrimony means an object that has ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization. An object of cultural patrimony may have been entrusted to a caretaker, along with the authority to confer that responsibility to another caretaker. The object must be reasonably identified as being of such important central to the group that it:
(1) Cannot or could not be alienated, appropriated, or conveyed by any person,
including its caretaker, regardless of whether the person is a member of the group, and
(2) Must have been considered inalienable by the group at the time the object was separated from the group.
What's the difference between "associated" and "unassociated" funerary objects in NAGPRA?
Both associated and unassociated funerary objects are cultural items that are reasonably believed to have been intentionally placed with or near human remains. Associated funerary objects are related to human remains that were removed and the location of the human remains is known. Unassociated funerary objects are funerary objects that are not associated funerary objects.
Note that a funerary object is an associated funerary object if the human remains are in the control of any museum or Federal agency, not necessarily the same museum or agency that has control of the funerary object. Also note that associated funerary objects includes those items that were made exclusively for burial purposes or to contain human remains.
Our museum has never submitted a NAGPRA inventory or summary, and we are concerned that we may be out of compliance. What should we do?
The National NAGPRA program provides technical assistance to museums and Federal agencies that need to prepare NAGPRA summaries and inventories for the first time. You may contact the National NAGPRA Program, and a staff member will be assigned to work with you.
Our museum has cultural items that were originally collected from Federal land. Does our museum have NAGPRA responsibility for these cultural items?
It depends. Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony that were originally from Federal lands are usually under the control of the Federal agency that managed or manages the land from which the human remains or other cultural items were removed. In such cases, it is the Federal agency, and not the museum, that has the responsibility for carrying out the NAGPRA process. The museum may wish to contact the appropriate Federal agency to discuss how the NAGPRA process will be completed. Museums should also be aware that Federal archeological collections in nonfederal repositories are also subject to Federal regulation 36 CFR 79, "Curation of Federally-Owned and Administered Archeological Collections."
Our tribe has learned that a museum located in another country has control of cultural items that may be culturally affiliated with us. Does NAGPRA apply to institutions outside the United States?
Not likely. NAGPRA applies to United States museums and Federal agencies. However, cultural items removed from Federal land may be in foreign institutions and subject to NAGPRA. For more information on repatriation outside the United States, visit the Department of the Interior's International Repatriation website.
Who is financially responsible for expenses associated with consultation and repatriation, including potential hotel and travel for tribal representatives?
NAGPRA does not dictate who is financially responsible for consultation or repatriation costs. Either a museum or an Indian tribe (but not a Federal agency) could apply for grant funds to cover costs associated with consultation or repatriation.
Are grant funds available for my Indian Tribe, Native Hawaiian organization, or museum to do NAGPRA work?
Yes. NAGPRA authorizes the Secretary of the Interior to make grants to Indian tribes and Native Hawaiian organizations for the purpose of assisting such tribes and organizations in the repatriation of Native American cultural items. NAGPRA also authorizes the Secretary to make grants to museums for the purpose of assisting them in conducting the inventories and identification required under the Act. See Grants for more information.
We recently completed a repatriation. Can we apply for a NAGPRA repatriation grant to reimburse our costs?
It depends. Applications for NAGPRA repatriation grants should be submitted well in advance of repatriation activities, as any repatriation-related costs incurred prior to having signed a grant agreement in place are done so at the applicant's own risk and there is never a guarantee of funding. Signed pre-award cost approval from the National Park Service Financial Assistance Awarding Officer is required. Costs incurred in a previous fiscal year or prior to the publication of a Federal Register notice and the required 30-day waiting period will not reimbursed. Contact the National NAGPRA Program for more information.
Where can I find tools for NAGPRA compliance?
Tools for NAGPRA compliance can be found in:
Last updated: February 8, 2024