NAGPRA and Native American Burial Rights: What Families Should Know
Reviewed by Everendium Editorial Team · Last reviewed August 17, 2026
Quick answer
The Native American Graves Protection and Repatriation Act (NAGPRA), a 1990 federal law, gives tribes and lineal descendants the right to request the return of Native American human remains and certain cultural or funerary objects held by museums and federal agencies, and sets rules for handling remains found on federal and tribal land. It does not govern present-day burials, which follow standard state and tribal law instead.
Most of Everendium’s Legal & Financial content is about the paperwork a family handles after a death. NAGPRA is different — it’s about a legal right that can matter enormously to Native American families and tribes, even when it has nothing to do with a funeral happening today.
What NAGPRA is
The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law passed in 1990 in response to a long, difficult history: for well over a century, the remains of Native American ancestors, along with sacred and funerary objects, were routinely removed from burial sites — often without consent — and held in museum and university collections across the country.
NAGPRA requires museums and federal agencies that receive federal funding to:
- Inventory Native American human remains and certain categories of cultural items in their collections
- Notify culturally affiliated tribes and, where identifiable, lineal descendants
- Repatriate those remains and items when a valid claim is made
It also establishes a legal process for handling Native American human remains and cultural items discovered on federal or tribal land during excavation or construction going forward.
What NAGPRA does not cover
This is a common point of confusion: NAGPRA is about historical remains and objects already in institutional hands, or newly discovered during excavation — not about arranging a burial today. A funeral or burial happening now is governed by ordinary state law and, where applicable, tribal law, the same as covered elsewhere on Everendium.
Who can make a claim
Generally, a claim can be made by:
- Lineal descendants of the specific individual whose remains or belongings are at issue
- Federally recognized tribes or Native Hawaiian organizations with a demonstrated cultural affiliation to the remains or items in question
The process involves documentation and review — it is not automatic, and specifics can be genuinely complex.
Where to start
The National Park Service’s NAGPRA program maintains public information about the law and the repatriation process. Many tribal nations also have a Tribal Historic Preservation Officer specifically responsible for these matters, and is often the most direct and knowledgeable starting point for a tribe or family considering a claim.
This article explains a general legal framework and is not legal advice. Repatriation claims can be legally and procedurally complex — please consult the National Park Service’s NAGPRA program or a qualified attorney for guidance on a specific situation.
Frequently asked questions
What does NAGPRA actually do?+
It requires museums and federal agencies that receive federal funding to inventory Native American human remains and certain cultural items in their collections, and to repatriate them to lineal descendants or culturally affiliated tribes upon a valid request. It also sets a legal process for handling Native American remains discovered on federal or tribal land going forward.
Does NAGPRA apply to a family planning a funeral today?+
Not directly — NAGPRA addresses historical remains and objects already held by institutions, or discovered during excavation, not present-day burial arrangements. A funeral being planned today follows standard state and tribal burial law instead.
Who can request repatriation under NAGPRA?+
Generally, lineal descendants of the individual, or federally recognized tribes and Native Hawaiian organizations with a demonstrated cultural affiliation, can make a claim through the process set out in the law.
Where should a tribe or family start if they want to pursue a repatriation claim?+
The National Park Service's NAGPRA program maintains public information about the process, and many tribal nations have a Tribal Historic Preservation Officer specifically responsible for handling these claims — that office is often the most direct starting point.
Sources
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