NAGPRA REPATRIATION COMPLIANCE CHECKLIST

Native American Graves Protection and Repatriation Act

25 U.S.C. § 3001 et seq.

Institution/Agency Name: [________________________________]

NAGPRA Contact Person: [________________________________]

Title: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date of Review: [__/__/____]

PART I: APPLICABILITY DETERMINATION

1. Is Your Institution Subject to NAGPRA?

NAGPRA applies to:
☐ Federal agencies
☐ Museums that receive federal funding (directly or indirectly)

Does your institution receive federal funding?
☐ Yes - NAGPRA applies
☐ No - NAGPRA does not apply (may still apply voluntarily)

Types of federal funding that trigger NAGPRA:
☐ Direct federal grants
☐ Federal contracts
☐ Loans from federal agencies
☐ Student financial aid programs (for educational institutions)
☐ Federal tax-exempt status alone does NOT trigger NAGPRA

PART II: DEFINITIONS (25 U.S.C. § 3001)

2. Cultural Items Subject to NAGPRA

Check all types of cultural items in your collection:

☐ Human Remains - Physical remains of a Native American or Native Hawaiian individual

☐ Associated Funerary Objects - Objects reasonably believed to have been placed with or near human remains as part of a death rite or ceremony, where the remains and objects are in the possession or control of the same institution

☐ Unassociated Funerary Objects - Objects reasonably believed to have been placed with or near human remains as part of a death rite or ceremony, where the remains are not in the possession or control of the institution

☐ Sacred Objects - Items needed by traditional Native American religious leaders for the practice of traditional Native American religions

☐ Objects of Cultural Patrimony - Objects having ongoing historical, traditional, or cultural importance central to the Native American group or culture itself, rather than property owned by an individual

PART III: INVENTORY REQUIREMENTS (25 U.S.C. § 3003)

3. Human Remains and Associated Funerary Objects Inventory

Deadline: Initial inventories were due November 16, 1995. Ongoing updates required.

☐ Inventory of human remains completed
- Date completed: [__/__/____]
- Number of individuals: [________________________________]

☐ Inventory of associated funerary objects completed
- Date completed: [__/__/____]
- Number of objects: [________________________________]

☐ Inventory compiled in consultation with:
☐ Lineal descendants
☐ Tribal officials
☐ Traditional religious leaders

4. Inventory Consultation (Updated 2024 Requirements)

Under the 2024 regulatory updates, institutions must:

☐ Request consultation with potentially affiliated tribes
☐ Provide tribes opportunity to visit collections
☐ Share relevant records with consulting parties
☐ Defer to tribal/NHO knowledge regarding affiliation
☐ Document consultation efforts

Consultation Log:

5. Cultural Affiliation Determination

For each set of human remains/associated funerary objects, determine cultural affiliation:

☐ Culturally Affiliated - Relationship of shared group identity reasonably traced
- Affiliated Tribe(s): [________________________________]
- Basis for determination: [________________________________]

☐ Culturally Unidentifiable - Affiliation cannot be reasonably determined
- Geographic origin: [________________________________]
- Tribal consultation conducted: ☐ Yes ☐ No

☐ Aboriginal Land Affiliation (2024 regulations)
- Located on aboriginal lands of: [________________________________]

PART IV: SUMMARY REQUIREMENTS (25 U.S.C. § 3004)

6. Summary of Unassociated Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony

Deadline: Initial summaries were due November 16, 1993. Ongoing updates required.

☐ Summary completed
- Date completed: [__/__/____]

☐ Summary describes:
☐ Scope of collection
☐ Kinds of objects
☐ Circumstances of acquisition
☐ Geographic location where collected
☐ Cultural affiliation (if known)

☐ Summary provided to:
☐ Potentially affiliated tribes
☐ National NAGPRA Program

PART V: NOTIFICATION REQUIREMENTS (25 U.S.C. § 3003(d))

7. Notice of Inventory Completion

For culturally affiliated items, Notice must be sent to:
☐ Secretary of the Interior (through National NAGPRA Program)
☐ Lineal descendants (if known)
☐ Culturally affiliated tribe(s)

Notice Contents:
☐ Description of human remains and/or cultural items
☐ Circumstances of acquisition
☐ Cultural affiliation determination
☐ Basis for affiliation determination

Federal Register Publication:
☐ Notice published in Federal Register
- Publication date: [__/__/____]
- Citation: [____] Fed. Reg. [____]

Notices Filed:

PART VI: REPATRIATION PROCESS (25 U.S.C. § 3005)

8. Repatriation Upon Request

Repatriation required when:
☐ Lineal descendant makes a request
☐ Culturally affiliated tribe makes a request
☐ Indian tribe or NHO can show a cultural affiliation

Repatriation Process Checklist:

☐ Step 1: Receive written request for repatriation
- Date received: [__/__/____]
- Requesting party: [________________________________]

☐ Step 2: Verify requester's standing
☐ Lineal descendant documentation
☐ Tribal authorization/resolution
☐ Evidence of cultural affiliation

☐ Step 3: Confirm inventory/summary completion

☐ Step 4: Publish Federal Register notice (if not already published)

☐ Step 5: Wait 30 days after Federal Register publication

☐ Step 6: Transfer control
- Date of transfer: [__/__/____]
- Method of transfer: [________________________________]
- Documentation of transfer: [________________________________]

9. Right of Possession

☐ Institution can prove "right of possession" (obtained with voluntary consent of individual or group with authority to alienate)
☐ Institution cannot prove right of possession - repatriation required

PART VII: EXCAVATION AND DISCOVERY (25 U.S.C. § 3002)

10. Intentional Excavation on Federal or Tribal Lands

Prior to excavation:
☐ ARPA permit obtained
☐ Consultation with affiliated tribe(s) conducted
☐ Written consent from tribe (if on tribal lands)
☐ Proof of consultation provided to federal land manager

11. Inadvertent Discovery

Upon discovery of human remains or cultural items:

☐ Immediate: Cease activity in area of discovery
☐ Within 24 hours: Notify federal land manager or tribal authority
☐ Make reasonable effort to protect items
☐ Resume activity only after:
☐ 30 days after notification
☐ Consultation completed
☐ Written authorization received

Disposition follows this priority:
1. Lineal descendant
2. Tribe on whose tribal land discovered
3. Tribe with closest cultural affiliation
4. Tribe aboriginally occupying the area
5. Tribe with strongest demonstrated relationship

PART VIII: 2024 REGULATORY UPDATES

12. Key Changes Under 2024 Final Rule

Effective January 12, 2024 (with some provisions effective January 12, 2025):

☐ Duty to Consult: Proactive consultation required regardless of whether tribe requests

☐ Deference to Indigenous Knowledge: Must give deference to tribal/NHO knowledge regarding cultural affiliation and items

☐ Disposition of Culturally Unidentifiable: New procedures for items previously classified as "culturally unidentifiable"

☐ Access Restrictions: Human remains and cultural items may not be researched, displayed, or otherwise used without tribal consent

☐ Unclaimed Items: Annual reporting of unclaimed items required (first report due January 13, 2025)

13. Updated Compliance Requirements

☐ Reviewed collections for items requiring updated consultation
☐ Contacted tribes regarding new consultation requirements
☐ Implemented access restrictions pending consultation/repatriation
☐ Updated institutional policies to reflect 2024 regulations
☐ Trained staff on new requirements

PART IX: CIVIL PENALTIES (25 U.S.C. § 3007)

14. Penalty Provisions

Civil penalties may be assessed for:
☐ Failure to comply with repatriation requirements
☐ Sale or purchase of Native American human remains or cultural items in violation of NAGPRA

Penalty amounts: Up to $[amount varies] per violation per day

15. Compliance Self-Assessment

PART X: RECORDKEEPING

16. Required Records

☐ Inventories of human remains and associated funerary objects
☐ Summaries of unassociated funerary objects, sacred objects, cultural patrimony
☐ Consultation records and correspondence
☐ Cultural affiliation determinations and supporting documentation
☐ Repatriation request documentation
☐ Transfer/repatriation records
☐ Federal Register notices

17. Records Retention

Records must be maintained for at least [____] years (check applicable tribal, state, or federal requirements).

PART XI: NATIONAL NAGPRA PROGRAM REPORTING

18. Required Submissions to National NAGPRA Program

☐ Inventory submissions
☐ Summary submissions
☐ Notices of Inventory Completion
☐ Notices of Intent to Repatriate
☐ Annual unclaimed items report (beginning 2025)

National NAGPRA Program Contact:

National Park Service
National NAGPRA Program
1849 C Street, NW
Washington, DC 20240

Website: www.nps.gov/nagpra

PART XII: COMPLIANCE CERTIFICATION

19. Institutional Certification

I certify that this compliance review has been conducted and the information provided is accurate to the best of my knowledge.

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

20. Corrective Action Plan

SOURCES AND REFERENCES

• National NAGPRA Program (NPS)
• 43 C.F.R. Part 10 - NAGPRA Regulations
• NAGPRA Statute - 25 U.S.C. § 3001 et seq.
• 2024 Final Rule - Federal Register
• Bureau of Indian Affairs - NAGPRA
• Department of the Interior - NAGPRA

This checklist should be used in conjunction with the current NAGPRA regulations and guidance from the National NAGPRA Program. The 2024 regulatory changes significantly impact compliance requirements.