“Cultural Items” subject to the Native American Grave Protection and Repatriation Act (NAGPRA) are human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony. These terms and other key NAGPRA terms are defined in the NAGPRA at 25 USC 3001.

Key NAGPRA definitions (25 USC 3001):

Funerary object means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later. Funerary objects may be either associated or unassociated.

Sacred object means a specific ceremonial object which is needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents.

Object of cultural patrimony means an object having ongoing historical, traditional, or cultural importance central to the Native American group or culture itself, rather than property owned by an individual Native American, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether the individual is a member of the Indian tribe or Native Hawaiian organization. Such object shall have been considered inalienable by such Native American group at the time the object was separated from such group.

NAGPRA items are not part of the Museum’s past or current curatorial plans. However, after conducting a recent review, the Museum has identified certain cultural items in its possession that may be affiliated with Native American tribes and Hawaiian Organizations. These items were obtained by the Museum prior to the establishment of NAGPRA.

The Museum has not identified human remains of Native ancestry in its current possession. The Museum is committed to working closely with tribal leaders to facilitate the repatriation of all cultural items in its possession.

NAGPRA is a federal law that grants certain rights for lineal descendants, Indian tribes, and Native Hawaiian organizations in relation to cultural items connected to them. The law requires consultation with tribal leaders (and lineal descendants for human remains), to determine affiliation, considering various types of information available such as geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral tradition, historical, expert opinion or other relevant information.

A finding of cultural affiliation does not have to be scientifically proven beyond doubt. Instead, the tribe or organization must demonstrate that it is more likely than not that an affiliation exists based on all the evidence presented. Cultural affiliations can still be established even if there are gaps in the historical record.

Key NAGPRA definitions (25 USC 3001):

Cultural affiliation means “a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present-day Indian tribe or Native Hawaiian organization and an identifiable earlier group.” 25 USC 3001.

A lineal descendant is an individual tracing his or her ancestry directly and without interruption by means of the traditional kinship system of the appropriate Indian tribe or Native Hawaiian organization or by the common law system to a known Native American individual whose remains, funerary objects, or sacred objects are being requested.

An Indian tribe is any tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

A Native Hawaiian organization includes any organization that: (a) serves and represents the interests of Native Hawaiians, (b) has as a primary and stated purpose the provision of services to Native Hawaiians, and (c) has expertise in Native Hawaiian Affairs and includes the Office of Hawaiian Affairs.

Under NAGPRA, Museums are required to produce (and update) written summaries of objects, in their possession, subject to NAGPRA. These summaries serve as an invitation for tribal groups and/or traditional religious leaders, to engage in consultation regarding Native American unassociated funerary objects, sacred objects, and objects of cultural patrimony held by a museum or federal agency.

Museums then undertake consultation with lineal descendants, federally recognized Indian Tribe(s), and Native Hawaiian organizations; and conduct repatriation of ancestral remains and objects subject to NAGPRA, returning them to the appropriate lineal descendants, culturally affiliated Indian tribes, or Native Hawaiian organizations, upon their request.

Upon completion of the summary, THF will invite appropriate Tribal Leaders to begin consultation. While the invitation may be delivered by letter or a phone call, THF recognizes that in-person communication is a vital part of the NAGPRA process and will make appropriate arrangements to accommodate in-person consultation.

THF has made consultation and repatriation related to cultural items a priority and has dedicated resources and staff to this project. THF is committed to conducting a methodical, transparent, and respectful consultation as well as working in close partnership with Tribal Leaders and their timelines. While consultation may take some time, THF is committed to open communication with and updates to interested parties.

No. Items that have previously been identified as potentially subject to NAGPRA and are in the possession and care of THF, will not be used for display, research, or other programming purposes.

THF is currently preparing to make summaries available and undertake consultation activity as required by NAGPRA.

For questions about the consultation process or to submit a request or report a concern, please visit our contact page.