Native American Graves Protection and Repatriation Act (NAGPRA; United States)

Published: September 18, 2026    Legislation and Regulations, Wiki Home

Contents

Statement of Purpose

This page is for information on the Native American Graves Protection and Repatriation Act (NAGPRA), which is a 1990 U.S. federal law that requires federal agencies and institutions receiving federal funding, including museums, to return Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants and culturally affiliated Tribes, Alaskan Native villages, and Native Hawaiian organizations. This page is meant to help SPNHC members understand the basics of NAGPRA and should not be a substitute for the law and regulations themselves, or resources provided by National NAGPRA.

Contributors

Breda Zimkus

Introduction

NAGPRA requires that museums and Federal agencies complete an inventory of Native American human remains and associated funerary objects, and a summary of other cultural items, including unassociated funerary objects, sacred objects, or objects of cultural patrimony, under their control, regardless of where the holding or collection is physically located. Information in the inventories and summaries is used to identify consulting parties, and these documents are shared with Tribal partners and Native Hawaiian organizations with an invitation to consult.

The Department of the Interior announced a comprehensive revision to the NAGPRA regulations on December 6, 2023, and the rules officially went effect on January 12, 2024. The update included many changes:

  • The regulations mandate that museums and federal agencies defer to Native American traditional knowledge.
  • The elimination of the separate category of  “culturally unidentifiable human remains” and the establishment of revised standards for determining cultural affiliation and procedures for disposition or repatriation.
  • Free, prior, and informed consent from Indigenous lines of descent, tribes, or Native Hawaiian organizations must be obtained before exhibiting, researching, or providing access to human remains and cultural items.
  • Museums are required to update inventories and consult on human remains and associated funerary objects by January 10, 2029, and return identified ancestors within two years of identification.

Items Covered under NAGPRA

Human Remains

Within the scope of the federal law, human remains are defined as any physical part of the body of a Native American individual, which includes remains commingled with other materials, such as soil or faunal remains. 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, while those incorporated into a funerary object, sacred object, or object of cultural patrimony are considered part of the cultural items.

Funerary Objects

Funerary objects are cultural items that are believed to have been intentionally placed with or near human remains and are 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. Associated funerary objects are related to human remains that were removed and the location of the human remains is known. 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. Unassociated funerary objects are not associated with known human remains. The distinction between associated and unassociated funerary objects is important because the implementation of NAPRA differs; as with human remains, associated funerary objects require an inventory, while unassociated funerary objects require the submission of a summary with other cultural items, such as sacred objects or objects of cultural patrimony.

Sacred Objects

A sacred object is 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. This term is specifically limited to an object needed for the observance or renewal of a Native American religious ceremony.

Objects of Cultural Patrimony

An object of cultural patrimony has ongoing historical, traditional, or cultural importance central to a Native American group or one of its subgroups, such as a band, clan, lineage, ceremonial society, or other subdivision. The group’s traditional knowledge identifies the object as so important that no individual, including a caretaker, may sell, give away, or otherwise transfer it. The group may entrust the object to a caretaker and authorize that caretaker to pass the responsibility to another caretaker. The group must have considered the object inalienable when it was separated from the group.

Human Remains and Associated Funerary Objects: Consultation and Repatriation Steps

Museums and Federal agencies that have identified Native American human remains or associated funerary objects must follow certain steps:

  1. Compile an itemized list (inventory) of human remains and associated funerary objects. 
  2. Identify consulting parties based on information available and invite the parties to consult.
  3. Respond to any consulting party, consult on identifications, and prepare a record of consultation that describes the concurrence, disagreement, or nonresponse of the consulting parties to the identifications.
  4. Complete and submit an inventory to all consulting parties and nagpra_info@nps.gov.
  5. Submit a notice of inventory completion (no later than six months after step 4) to consulting parties and nagpra_info@nps.gov for publication in the Federal Register.
  6. Receive and consider requests for repatriation. 
  7. Send a written response to the requestor and any other party identified in the notice (no later than 90 days after step 6).
  8. Send a written repatriation statement to the requestor and a copy to nagpra_info@nps.gov (no later than 90 days after step 7).

Human Remains and Associated Funerary Objects: Deadlines

For human remains and associated funerary objects, museums and Federal agencies must complete Steps 1–4 and submit an inventory to all consulting parties and the National NAGPRA Program by the applicable deadline:

  • Within 2 years after acquiring possession or control of the remains or objects, which includes acquiring a holding or collection that was previously included in an inventory.
  • Within 2 years after locating remains or objects that were previously lost or unknown.
  • Within 5 years after first receiving Federal funds after January 12, 2024, if the museum or agency has possession or control of the remains or objects.
  • By January 10, 2029, for remains or objects listed in an inventory but not covered by a published notice of inventory completion before January 12, 2024.

Note that an extension may be requested if a good faith effort is made, but the institution is unable to meet the deadline; requests must be made before the deadline.

Cultural Items: Consultation and Repatriation Steps

Museums and Federal agencies that have identified cultural items must follow certain steps for repatriation:

  1. Compile a summary of a holding or collection, describing unassociated funerary objects, sacred objects, or objects of cultural patrimony.
  2. Identify consulting parties based on information available and invite the parties to consult (no later than 30 days after step 1).
  3. Respond to any consulting party, consult on identifications, and prepare a record of consultation that describes the concurrence, disagreement, or nonresponse of the consulting parties to the identifications.
  4. Receive and consider requests for repatriation from lineal descendants, Indian Tribes, or Native Hawaiian organizations.
  5. Respond to requests for repatriation (no later than 90 days after step 4) in writing.
  6. Submit a notice of intended repatriation (no later than 30 days after step 5) to all requestors, any consulting parties, and to nagpra_info@nps.gov for publication in the Federal Register.
  7. Send a written repatriation statement to the requestor and a copy to nagpra_info@nps.gov  (no later than 90 days after publication of a notice).

Cultural Items: Deadlines

For cultural items, including unassociated funerary objects, sacred objects, or objects of cultural patrimony, museums and Federal agencies must complete Step 1 and submit a summary to all consulting parties and the National NAGPRA Program by the applicable deadline:

  • Within 6 months after acquiring possession or control of the cultural items, which includes acquiring a holding or collection that was previously included in an inventory.
  • Within 6 months after locating cultural items that were previously lost or unknown.
  • Within 3 years after first receiving Federal funds after January 12, 2024, if the museum or agency has possession or control of the cultural items.

Note that NAGPRA does not provide for extensions of the deadline to complete a summary.

Useful Resources

National NAGPRA

Natural Science Collections Alliance 

Other

Beyond NAGPRA

Repatriation of material from countries outside of the U.S. is beyond the scope of NAGPRA, but museums should consider policies and processes associated with voluntary repatriation, including consultation, shared stewardship, and ethical repatriation. For more information, refer to the Natural Science Collections Alliance webinar “Natural History Collections and Repatriation: Beyond NAGPRA.”