NAGPRA: A Respectful Return at Rutgers–New Brunswick

The Native American Graves Protection and Repatriation Act (Pub.L. 101-601; 25 U.S.C. 3001-3013;104 Stat. 3048-3058) was passed by Congress on November 16, 1990. NAGPRA is a human rights legislation that facilitates the respectful disposition and repatriation of Native American ancestral remains, cultural belongings and beings to federally recognized Native American tribes and Native Hawaiian organizations. Entities that must comply with NAGPRA include federal agencies and local governments, as well as museums, universities, and any other institutions that receive or have at any point received federal funding.

NAGPRA is important because it requires museums and cultural institutions to address and take stock of the historical trauma associated with the exploitation and desecration of sacred objects, burial sites, and human remains that were stolen for their own benefit.  NAGPRA requires institutions and federal agencies to recognize and respect the existing sovereignty of Native Nations and empowers them to determine the care and treatment of their ancestors and cultural belongings.  This process is meant to bring healing and reconciliation to Native communities.

Entities which receive federal funding are required to identify and repatriate Native American ancestral remains and cultural belongings and beings to the appropriate lineal descendants, Native American tribes, and Native Hawaiian organizations. This includes consulting with these groups, protecting ancestral remains, cultural belongings and beings found on federal or tribal lands, and providing notice before repatriation. Entities must identify one or more representatives who are responsible for carrying out these requirements. Entities must then consult with lineal descendants, Native American Tribes, and Native Hawaiian organizations, evaluate requests for repatriation or claims for disposition of ancestral remains, cultural belongings and beings, and give public notice prior to disposition or repatriation.

In NAGPRA (25 USC 3005 and 43 CFR 10.2), the term repatriation means "a museum or Federal agency relinquishes possession or control of human remains or cultural items in a holding or collection to a lineal descendant, Indian Tribe, or Native Hawaiian organization." Repatriation is successfully carried out through relationship building with our respective Tribal partners. This process includes meaningful consultation and open discussions with Tribal partners and often extends beyond the letter of the law to involve important religious and cultural considerations when determining affiliation and moving forward in the repatriation process. The repatriation of ancestral remains, cultural belongings and beings can take months or years to complete. Rutgers NAGPRA’s repatriation timeline is dictated by the descendant communities' wishes.

Consultation is required under federal law and forms the foundation of NAGPRA. Consultation helps Tribal Nations and entities that receive federal funds to work within a reparative and restorative process. The consultation process prioritizes Tribal sovereignty, while recognizing and valuing the cultural knowledge of Tribal Nations.

Rutgers–New Brunswick acknowledges that ethical compliance with NAGPRA extends beyond merely executing the law and regulations. Therefore, the Rutgers–New Brunswick Policy encompasses the review of all human remains held by the institution to ensure Rutgers–New Brunswick adheres to ethical standards concerning proper provenance and care.

The Rutgers–New Brunswick NAGPRA program director and staff are responsible for overseeing implementation of NAGPRA at the campus level. Rutgers–New Brunswick NAGPRA staff will work closely with all units to ensure compliance with NAGPRA. Individual units may not act independently of the NAGPRA staff on any matter relating to NAGPRA.

The National Park Service (NPS), a part of the Department of the Interior, is responsible for overseeing the implementation of NAGPRA. The NPS's National NAGPRA Program facilitates government-wide compliance with the law. They provide technical assistance, compliance guidance, and work with federal agencies, institutions, and Tribal Nations to ensure NAGPRA's requirements are met.

Non-compliance with NAGPRA can result in civil and criminal penalties. Entities that fail to comply with NAGPRA's requirements may be assessed civil penalties, and individuals who knowingly sell or profit from Native American remains or cultural items obtained in violation of NAGPRA may face criminal charges, including imprisonment and fines.

The National Park Service (NPS) offers additional information and guidance about NAGPRA law and related regulations.

Visit the NPS website

Rutgers–New Brunswick is committed to ensuring compliance with the Native American Graves Protection and Repatriation Act (NAGPRA). While efforts related to NAGPRA have occurred in previous years, the establishment of dedicated staff and a formal advisory committee in 2024 marks a significant institutional step toward a more coordinated and transparent approach. This structure reflects a renewed commitment to fostering respectful and collaborative relationships with Native Nations.  It also underscores our commitment to fulfilling these responsibilities with care, accountability, and integrity as we move forward with compliance and the ongoing process of healing and reconciliation. 

Rutgers–New Brunswick is committed to accomplishing repatriation both expeditiously and respectfully, guided by the preferences and priorities of Native Nations. Rutgers–New Brunswick has allocated resources to essential inventory and provenance research and has committed additional resources to support the ongoing consultation and repatriation process for all ancestral remains and cultural belongings within a timeline that is acceptable to our Tribal partners.