NAGPRA and Native American Burial Rights: What Families Should Know

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 does NAGPRA actually do?

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.

Does NAGPRA apply to a family planning a funeral today?

Not directly. 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 request repatriation under NAGPRA?

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 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 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.

For Hawaiʻi’s state law protecting Native Hawaiian burials, see Pacific Islander and Native Hawaiian funeral traditions.

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.