Can a museum be required to return Native American artifacts to tribes?

What the Law Says

The Native American Graves Protection and Repatriation Act (NAGPRA) establishes legal requirements for museums and federal agencies holding Native American cultural items. While § 3001 is primarily definitional, it lays the foundation for all NAGPRA obligations by clarifying what qualifies as protected property.

NAGPRA applies to all museums and federal agencies that receive federal funding. It mandates the identification, documentation, and repatriation of Native American cultural items—including human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony—to lineal descendants or culturally affiliated Indian tribes and Native Hawaiian organizations.

Section 3001 defines key terms used throughout NAGPRA. These definitions determine which items are subject to repatriation and which groups are eligible to make claims. For example, 'Native American' means 'of, or relating to, a tribe, people, or culture that is indigenous to the United States,' and 'cultural affiliation' means 'a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present-day Indian tribe or Native Hawaiian organization and an identifiable earlier group.'

Statutory Text

The term 'Native American' means of, or relating to, a tribe, people, or culture that is indigenous to the United States.

— 25 U.S.C. § 3001(9) — Definitions

Statutory Text

The term 'cultural affiliation' means that there is 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 U.S.C. § 3001(2) — Definitions

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