Native American Graves Protection and Repatriation Act (NAGPRA)

In the late 1980s through 1990, the Association played a key role in obtaining the enactment of the Native American Graves Protection and Repatriation Act (NAGPRA), a federal law that provides graves protection for federal and Tribal lands, mandates repatriation of Ancestors, their burial belongings and sacred objection and cultural patrimony from federal agencies and any institution that has been in receipt of federal funds. 

​The Association has been very involved in the implementation of NAGPRA, having facilitated repatriation of almost 2,000 human remains to Dakota Nations, as well as filing amicus briefs in NAGPRA cases, writing legal analyses of NAGPRA for Tribal and public use, providing NAGPRA training, and filing comments on proposed regulations.

We also provide NAGPRA specific training as part of our Annual Repatriation Conference, and can customize training and technical assistance for Native Nations and institutions. 

Narrated by former Association Executive Director Jack Trope

The Regulations 

When passing NAGPRA, Congress delegated authority to develop regulations to implement the Act to the Secretary of the Interior. The current administration has provided a proposed rulemaking - completing overhauling the ineffective regulations - on October 18, 2022. Tribal consultation and the public comment period ended on January 31, 2023. You can find out more information about the regulations on the National NAGPRA Program's website. 

The Association attended Tribal consultations and public sessions, and worked with the Association's Tribal Partners Working Group and its Native organization to develop comprehensive comments and changes still needed to address longstanding concerns that have burdened Native Nations, as well as museums. You can learn more about the Association's comments here:

• ​The Association's Comments
• The Association's Comments with the Alliance of Colonial Era Tribes
• National Native American Boarding School Healing Coalition Comments

The Act

February 16, 2022: The Association submitted comments to the Senate Committee on Indian Affairs on needed revisions to the NAGPRA legislation in response to their oversight hearing on “The Long Journey Home: Advancing the Native American Graves Protection and Repatriation Act’s Promise After 30 Years of Practice.” These comments were developed with our Repatriation Working Group and Tribal representatives. Download PDF here.

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