Ancestral Ties

A federal law enacted in 1990 that requires federal agencies and institutions receiving federal funding to return Native American cultural items and human remains to lineal descendants, culturally affiliated Indian tribes, and Native Hawaiian organizations.

NAGPRA established a process for inventorying and summarizing holdings, notifying affiliated tribes, and transferring ownership or physical custody of covered items. Compliance is overseen by the National NAGPRA Program within the National Park Service.

Under NAGPRA, an inventory is an item-by-item list of human remains and associated funerary objects held by a federal agency or federally-funded museum. Institutions were required to complete inventories in consultation with tribal representatives and submit them to the National NAGPRA Program.

An inventory is distinct from a summary: inventories cover human remains and associated funerary objects, while summaries address unassociated funerary objects, sacred objects, and objects of cultural patrimony.

A written description of collections of unassociated funerary objects, sacred objects, and objects of cultural patrimony held by a museum or federal agency. Summaries are less granular than inventories and describe collections in aggregate rather than item by item.

A relationship of shared group identity that can reasonably be traced between a present-day Indian tribe or Native Hawaiian organization and an identifiable earlier group. Cultural affiliation is established through geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information.

The determination of cultural affiliation is made by the institution in consultation with tribal representatives. This process is central to — and often contested within — NAGPRA claims.

Human remains for which no cultural affiliation can be established using the available evidence. CUHR have historically been among the most disputed categories under NAGPRA, as remains deemed "unidentifiable" by institutions often remain in collections indefinitely.

A 2010 rule and subsequent 2023 regulations updated how CUHR must be handled, requiring institutions to work with tribes geographically associated with the area where remains were found.

The process of returning human remains, funerary objects, sacred objects, and objects of cultural patrimony to affiliated Native American tribes or Native Hawaiian organizations. Under NAGPRA, repatriation refers specifically to the transfer of ownership or physical custody following a valid claim.

The term carries meaning beyond its legal definition: for many tribal nations, repatriation is an act of healing, sovereignty, and cultural continuity — not simply a bureaucratic transaction.

The geographic location from which human remains or cultural items were originally removed — through excavation, collection, purchase, or other means. The place of acquisition is relevant to establishing cultural affiliation when direct genealogical or tribal ties are unclear.

In many cases, the place of acquisition reflects sites on or near tribal homelands, and its documentation (or lack thereof) directly affects a tribe's ability to file a successful NAGPRA claim.

A formal process required by NAGPRA in which institutions must meaningfully engage with affiliated tribes before making decisions about inventories, cultural affiliation determinations, and repatriation. Consultation is a legal obligation, but its quality varies significantly across institutions.

Tribal nations have frequently noted that "consultation" as practiced by many institutions falls short of genuine government-to-government engagement, functioning more as notification than dialogue.

A formal notice published in the U.S. Federal Register announcing an institution's intention to repatriate specific items to a named tribal nation. Publication of a Federal Register notice officially opens a 30-day window during which other tribes may file competing claims.

Federal Register notices are a matter of public record and serve as a primary data source for this project.

The inherent authority of Indigenous tribes to govern themselves as distinct political entities. Tribal sovereignty predates the United States and is recognized — though often imperfectly — through treaties, federal law, and Supreme Court decisions.

In the context of NAGPRA, tribal sovereignty means that tribes engage with federal agencies and institutions as governments, not as interest groups or ethnic communities.

An American Indian or Alaska Native tribe that holds a government-to-government relationship with the United States. Federal recognition entitles tribes to certain services and legal protections, including the right to file NAGPRA claims.

Not all Indigenous communities are federally recognized. State-recognized or non-recognized tribes may have strong cultural affiliations to items in institutional collections but limited standing under NAGPRA's current framework.

An individual who can demonstrate direct biological descent from a specific individual whose remains or cultural items are held by an institution. Lineal descendants have priority over tribes in NAGPRA claims when such a relationship can be established.

Any museum, university, federal agency, or other organization that controls Native American human remains or cultural items subject to NAGPRA. Holding institutions are legally responsible for completing inventories and summaries, conducting consultation, and completing repatriation upon valid claims.

The office within the National Park Service (U.S. Department of the Interior) responsible for administering NAGPRA. The program maintains the online database of inventories, summaries, and Federal Register notices used as the primary data source for this project.

A seven-member advisory committee established by NAGPRA to monitor and review the implementation of repatriation activities, facilitate the resolution of disputes, and make recommendations to the Secretary of the Interior. Committee members include representatives from Native American communities, museums, and scientific organizations.