Law and Policy

Congress passed NAGPRA in October 1990, and President George H. Bush signed the law on November 16, 1990. Read more about the law and its legislative history.

The Department of Interior issues regulations to interpret and implement the law. Regulations have the force and effect of law. Read the current regulations, previous versions, and explanatory preambles.

The National Park Service provides policy for complying with the law and regulations. Tools for complying with the law include:

• Guidance documents for each step in NAGPRA compliance.
• Databases providing detailed information on NAGPRA compliance.
• Templates in MS Word format for complying with NAGPRA.
• Reports on a variety of NAGPRA topics.

What's the difference between a law, a regulation, and a policy?

Federal Laws

The legislative branch (Congress) creates and passes bills.
The executive branch (President) then may sign those bills into law. 
The judicial branch (Federal courts) may review the laws to see if they agree with the Constitution.

The United States Code contains general and permanent federal laws.

Federal Regulations

Regulations are issued by the executive branch (federal agencies, boards, and commissions). They explain how agencies plan to carry out laws. Regulations are published yearly in the Code of Federal Regulations.

Federal regulations are created through a process known as rulemaking. If an agency wants to make, change, or delete a rule, it will:

1. Publish the proposal in the Federal Register

2. Seek public comment

3. Consider the public's comments and change the rule if necessary. The agency then publishes the final version in the Federal Register along with:

   • A description of the comments received,

   • The agency’s response to those comments, and

   • The date the rule goes into effect.

Federal Policy

There are many other types of policy documents issued by the executive branch, ranging from Presidential memoranda to agency guidance and policy statements. Each has its own purpose and process, but all policy must be consistent with existing law.