## Guidance for National Park Service Compliance with 

## the Native American Graves Protection and Repatriation Act 

## (NAGPRA)

## NPS Cultural Resource Management Guideline, Appendix R 

## Table of Contents

1\.
Introduction\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
1

2\. Sources of Information and
Assistance\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
1

## When Does NAGPRA Apply?\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.... 2

> a\. Identification of Human Remains as Native American
>
> b\. Inadvertent Discoveries and Intentional Excavations
>
> c\. Collections

4\. Who has Standing to Claim NAGPRA
Items?\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
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a\. Lineal Descendants

b\. Indian Tribes

c\. Native Hawaiian Organizations

5\. Who Does Not Have Standing to Claim NAGPRA
Items?\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
12

6\.
Consultation\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
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a\. Identifying Consulting Groups

b\. Initiating Consultation

c\. Consultation Meetings

d\. Maintaining Consultation

e\. Documenting Consultation

f\. Cost of Consultation

7\. Evaluating Repatriation
Requests\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
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a\. Standing

b\. Object Categories

c\. Priority of Custody

d\. Evaluation of Evidence

8\.
Disputes\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
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9\. Transfer of Control or
Custody\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
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10\. Reburial on Park
Lands\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
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11\. Special
Circumstances\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
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a\. Multiple Disputing Claimants

b\. Right of Possession

c\. Scientific Study of Major Benefit to U.S.

d\. Culturally Unidentifiable

e\. Unclaimed

12\.
Documentation\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
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13\.
Glossary\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
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14\. Frequently Asked
Questions\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
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**1. INTRODUCTION**

Compliance with the Native American Graves Protection and Repatriation
Act (NAGPRA) is achieved by implementation of the law \[25 U.S.C. 3001
et seq.\] and the applicable regulations \[43 CFR 10\]. This appendix
provides guidelines for NPS park, center, and regional compliance with
the statute and regulations. These guidelines were updated in 2003-2004
to reflect the National Park System Advisory Board recommendations
regarding how NPS makes determinations of cultural affiliation under
NAGPRA.

On November 16, 1990, President George H.W. Bush approved the Native
American Graves Protection and Repatriation Act \[P.L. 101-601; 25 USC
3001-3013; 104 Stat. 3048-3058\] (NAGPRA). Final regulations were
published on December 4, 1995 \[43 CFR 10\]. The law and regulations
address the rights of lineal descendants, Indian tribes, and Native
Hawaiian organizations to Native American human remains, funerary
objects, sacred objects, and objects of cultural patrimony. They require
Federal agencies and institutions that receive Federal funds to provide
information about Native American human remains, funerary objects,
sacred objects, and objects of cultural patrimony to lineal descendants,
Indian tribes, and Native Hawaiian organizations and, upon presentation
of a valid request, return these cultural items to them.

The National Park Service--like all Federal agencies except the
Smithsonian Institution--is required to comply with the regulations.
(Repatriation at the Smithsonian is governed by the National Museum of
the American Indian Act of 1989, 20 U.S.C. 80q et seq.) Park
superintendents are responsible for notifying and consulting with lineal
descendants, Indian tribes, and Native Hawaiian organizations regarding
intentional excavations and inadvertent discoveries on NPS lands. If, as
part of an excavation or inadvertent discovery, Native American human
remains or NAGPRA-related items are disinterred, scientific
archeological methods, techniques, analyses, and reports are conducted
as required by the Archaeological Resources Protection Act (16 U.S.C.
470aa et seq.) and Section 3 of NAGPRA (25 U.S.C. 3002).

Superintendents also were responsible for the completion of (1)
summaries of Native American collections in their control that might
include unassociated funerary objects, sacred objects, and objects of
cultural patrimony and (2) inventories of Native American human remains
and associated funerary objects. The summaries and inventories included
both objects in park collections and those from NPS lands that are
currently held in other repositories. Superintendents are responsible
for evaluating requests for repatriation and making decisions about the
disposition or repatriation of Native American human remains, funerary
objects, sacred objects, and objects of cultural patrimony under NPS
control. The trafficking provisions of the statute may also require
cooperation with officials of the Department of Justice regarding
illegal excavations on NPS lands.

**2. SOURCES OF INFORMATION AND ASSISTANCE**

This appendix is meant as general guidance. Additional information and
technical assistance in implementing NAGPRA are available from NPS
regional offices; NPS centers; the Park NAGPRA program; and the National
NAGPRA program.

The National NAGPRA program is distinct from Park NAGPRA. National
NAGPRA focuses on NAGPRA implementation *outside of the National Park
System* by developing regulations and guidance; providing support for
the NAGPRA Review Committee; and assisting Indian tribes, Native Alaskan
villages and corporations, Native Hawaiian organizations, museums, and
Federal agencies with the NAGPRA process.

Park NAGPRA, a servicewide program located in the Intermountain Region
Office of Indian Affairs & American Culture, focuses on NAGPRA
implementation and provides information and technical assistance *within
the National Park System*.

To request assistance, parks should contact either their regional NAGPRA
coordinators (see contact information on Inside NPS) or the Park NAGPRA
program lead (see below). The Park NAGPRA program lead is the liaison
between the parks and National NAGPRA for publishing the required
*Federal Register* notices. See Section 8 below for information on
developing notices.

##### Contact Information

  --------------------- --------------------------------------------------
  Park NAGPRA Program   Mary S. Carroll, mary_carroll@nps.gov
  Lead                  

                        

  National Parks        http://www.cr.nps.gov/aad/SITES/repat.htm
  Repatriation          

                        

  Inside NPS -- Park    http://classicinside.nps.gov/programs/parknagpra
  NAGPRA                

                        

  Lotus Notes Groups    NPS NAGPRA Regional Coordinators

                        

  National NAGPRA       http://www.cr.nps.gov/nagpra
  Program               
  --------------------- --------------------------------------------------

**3. WHEN DOES NAGPRA APPLY?**

NAGPRA applies to Native American human remains, funerary objects,
sacred objects, and objects of cultural patrimony as defined in the
statute and regulations (see glossary) that are --

-   in Federal possession or control; or

-   in the possession or control of any institution or State or local
    government receiving Federal funds; or

-   excavated intentionally or discovered inadvertently on Federal or
    tribal lands.

The statute and regulations describe two sets of procedures and
requirements -- one for intentional excavations and inadvertent
discoveries (25 USC 3002 \[Section 3\]; 43 CFR Subpart B) and one for
collections (25 USC 3003-3005 \[Sections 5-7\]; 43 CFR Subpart C) -- to
ensure proper treatment and repatriation of Native American human
remains, funerary objects, sacred objects, and objects of cultural
patrimony. See Figure 1 for an overview of the differences between the
requirements for inadvertent discoveries and intentional excavations and
the requirements for collections. Consultation with Indian tribes or
Native Hawaiian organizations is required in all circumstances \[43 CFR
10.5 and 10.9(6)\]. See Section 6 below for more information about
consultation.

**a. Identification of Human Remains as Native American**

When human remains are found on park lands, whether by inadvertent
discovery or intentional excavations--or when human remains are found in
NPS collections--the critical first step is to determine whether or not
the remains are Native American. Analysis of the human remains by an
osteologist, forensic anthropologist, physical anthropologist, or
medical examiner may be required and, under some circumstances, the
remains may need to be moved in order to make that determination and to
provide for their safety. If the remains are Native American, NAGPRA
must be followed. If the remains are not Native American, NAGPRA does
not apply. In that case, confer with law enforcement officials, the
county or State coroner, and/or the medical examiner to determine the
appropriate course of action.

**b. Inadvertent Discoveries and Intentional Excavations**

Provisions regarding inadvertent discoveries \[43 CFR 10.4\] and
intentional excavations \[43 CFR 10.3\] are designed to facilitate the
proper disposition of Native American human remains, funerary objects,
sacred objects, or objects of cultural patrimony that might be
intentionally excavated or inadvertently discovered on park lands after
November 16, 1990.

[Comprehensive Agreements]{.underline}

Whenever possible, parks should enter into comprehensive agreements with
culturally affiliated Indian tribes or Native Hawaiian organizations
that have claimed, or are likely to claim, Native American human

remains and other cultural items excavated intentionally or discovered
inadvertently on Federal lands \[43 CFR 10.5 (f)\]. Although
comprehensive agreements are optional, they can be useful in
streamlining and managing the consultation process over the long-term.
Agreements should address all land management activities that could
result in the intentional excavation or inadvertent discovery of Native
American human remains, funerary objects, sacred objects, or objects of
cultural patrimony and should establish a process for effectively
carrying out NAGPRA regulations regarding consultation \[43 CFR 10.5\],
the determination of custody \[43 CFR 10.5 and 10.6\], and the treatment
and disposition of Native American human remains, funerary objects,
sacred objects, or objects of cultural patrimony.

If a park has a comprehensive agreement in place with culturally
affiliated tribes, the provisions of that agreement should be followed
when Native American human remains, funerary objects, sacred objects, or
objects of cultural patrimony are inadvertently discovered or are found
during a planned excavation. Such agreements help maintain good
relationships with affiliated tribes, reduce the likelihood of argument
or legal conflict, and improve management flexibility.

######### Inadvertent Discoveries

Inadvertent discovery means the unanticipated encounter or detection of
Native American human remains, funerary objects, sacred objects, or
objects of cultural patrimony found under or on park lands \[43 CFR
10.2(g)(4)\]. See Figure 2 for a model of the inadvertent discovery
process.

Any person who has inadvertently discovered Native American human
remains, funerary objects, sacred objects, or objects of cultural
patrimony in park units must immediately notify the superintendent by
telephone and confirm in writing. If the inadvertent discovery occurred
in connection with an ongoing activity, the person must stop the
activity in the area of the inadvertent discovery and make a reasonable
effort to protect the remains and objects from further disturbance.

As soon as possible, but not later than three working days after receipt
of the written confirmation of notification, the superintendent must
certify receipt of the written notification, further secure and protect
the remains and/or items, and notify lineal descendants, Indian tribes
and Native Hawaiian organizations of the inadvertent discovery. If
appropriate, the cultural items may be stabilized or covered to ensure
their protection. The superintendent must initiate consultation about
the cultural affiliation and disposition of Native American human
remains, funerary objects, sacred objects, or objects of cultural
patrimony.

The activity that resulted in the inadvertent discovery may resume 30
days after the superintendent certifies receipt of the written
confirmation of notification. The activity may resume in less than 30
days if a written agreement is executed between the NPS and the
affiliated Indian tribe or Native Hawaiian organization that allows the
Native American human remains, funerary objects, sacred objects, or
objects of cultural patrimony to remain safely *in situ* or that adopts
a recovery plan for the excavation or removal of the remains and
objects.

The disposition of all Native American human remains, funerary objects,
sacred objects, and objects of cultural patrimony must be carried out
according to the priority listing in the regulations \[43 CFR 10.6\].
See Section 7.c. below for detailed information about priority of
ownership/custody.

[Intentional Excavations]{.underline}

Intentional excavation means the planned archeological removal of Native
American human remains, funerary objects, sacred objects, or objects of
cultural patrimony found under or on park lands after November 16, 1990
\[43 CFR 10.2(g)(3)\]. Superintendents must take reasonable steps to
determine whether a planned activity may result in the excavation of
Native American human remains, funerary objects, sacred objects, or
objects of cultural patrimony.

If it appears that such items may be uncovered, potentially affiliated
Indian tribes or Native Hawaiian organizations must be notified in
writing. In addition, any present-day Indian tribe which aboriginally
occupied the area of the planned activity and any other Indian tribes or
Native Hawaiian organizations that are likely to have a cultural
relationship to the cultural items must be notified. The notice must

**Figure 2. Inadvertent Discovery Process Model**

# 

**NOTE:** The first step is to determine whether discovered human
remains are Native American. If the remains are not Native American or
if it is unclear whether the remains are Native American, law
enforcement should be notified. If the remains are Native American,
follow the process below.

#  *Actions Required of Discoverer*

# Notify park superintendent immediately by phone with written confirmation.

# Cease ongoing activity. (May resume after 30 days or when binding agreement executed.)

# Make reasonable effort to protect human remains and other cultural items.

***Actions Required of Park Superintendent***

American human remains, funerary objects, sacred objects, or objects of
cultural patrimony may be excavated, and the basis for determining
likely custody pursuant to § 10.6. The notice must also propose a time
and place for consultations to further consider the activity, the
proposed treatment of human remains or objects that may be excavated,
and the proposed disposition of any excavated Native American human
remains or objects.

If the planned activity is also subject to review under section 106 of
the National Historic Preservation Act (16 U.S.C. 470 et seq.),
consultation and any subsequent agreement for compliance conducted under
that Act should be coordinated with the requirements of § 10.3 (c)(2)
and § 10.5.

Intentional excavation of Native American human remains, funerary
objects, sacred objects, and objects of cultural patrimony can only
proceed after consultation with the appropriate Indian tribes and Native
Hawaiian organizations. Proof of consultation must be shown to the
superintendent or other official responsible for the issuance of the
required permit. Regulatory requirements for intentional excavations
\[43 CFR 10.3\] include excavation of items according to scientific
standards per ARPA; consultation with Indian tribes or Native Hawaiian
organizations; disposition of objects in accordance with priority of
custody as described in 43 CFR 10.6; and proof of consultation. See
Figure 3 for a model of the intentional excavation process.

######### Written Plans of Action

A written plan of action is required for both inadvertent discoveries
and intentional excavations \[43 CFR 10.5(e)\]. Following consultation
the plan of action must be approved and signed by the superintendent. A
copy of the plan must be provided to the lineal descendants, Indian
tribes and Native Hawaiian organizations. Lineal descendants and Indian
tribe official(s) may sign the written plan of action as appropriate.
The plan of action must at least comply with 43 CFR 10.3(b) (1) \[ARPA
requirements\] and must document:

1.  The kinds of objects to be considered as cultural items;

2.  The specific information used to determine custody;

3.  The planned treatment, care, and handling of human remains and other
    cultural items;

4.  The planned archeological recording of the human remains and other
    cultural items;

5.  The kinds of analysis planned for each kind of object;

6.  Any steps to be followed to contact Indian tribe officials at the
    time of excavation or inadvertent discovery of specific human
    remains and other cultural items;

7.  The kind of traditional treatment, if any, to be afforded the human
    remains and other cultural items by members of the Indian tribe or
    Native Hawaiian organization;

8.  The nature of reports to be prepared; and

9.  The planned disposition of human remains and other cultural items.

######## [Excavation or Removal]{.underline} 

Excavation or removal of Native American human remains, funerary
objects, sacred objects, or objects of cultural patrimony discovered
inadvertently or excavated intentionally as part of a planned activity
must be undertaken in accordance with the requirements of the
Archaeological Resources Protection Act (ARPA) (16 USC 470aa et seq.)
and its implementing regulations. Superintendents must ensure that
scientific methods and techniques are used for the physical removal,
recording, and analysis of cultural items and that a descriptive and
interpretive report of the excavation is produced. While analysis is not
required, and would be inappropriate in cases where readily identifiable
lineal descendants or culturally affiliated tribe(s) object, if
undertaken it must be done according to ARPA. Any Native American human
remains, funerary objects, sacred objects, or objects of cultural
patrimony collected as a result of intentional excavation or inadvertent
discovery should **not** be accessioned into NPS collections. Excavation
records and items not covered by NAGPRA should be accessioned and
curated in NPS collections \[43 CFR 10.3(b), 43 CFR 10.4(d)(v)\].

**Figure 3. Intentional Excavation Process Model**

[Notification]{.underline}

Before the disposition of Native American human remains, funerary
objects, sacred objects, and objects of cultural patrimony excavated or
discovered inadvertently on park lands after November 16, 1990, a notice
must be published in local newspapers \[43 CFR 10.6(c)\]. If the Native
American human remains and other cultural items will not be moved, a
notice is not required. Notification provides information about a
pending agency action to potentially affected parties, providing them
with an opportunity to respond. Notification is not a primary means of
communication with potential claimants but is a last chance to notify
any claimants that may have been overlooked.

# 

*Notice of Intended Disposition*

# A Notice of Intended Disposition must be published two times, at least one week apart, in a newspaper of general circulation in the area in which the Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony were excavated or discovered inadvertently and, if applicable, in a newspaper of general circulation in the area(s) in which potentially affiliated Indian tribes or Native Hawaiian organizations are geographically located. Disposition of Native American human remains or cultural items may not occur until at least 30 days after publication of the second notice. Copies of the newspaper notice with information on when and in what newspaper it was published must be sent to the Park NAGPRA program lead.

# 

The Notice of Intended Disposition should minimally include the
following information --

-   circumstances of the excavation or inadvertent discovery

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-   minimum number of individuals represented by Native American human
    remains

-   number and types of funerary objects

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-   a brief description (including number) of sacred objects and objects
    of cultural patrimony

# evidence that supports determinations of lineal descent, cultural affiliation, or aboriginal territory

# 

**c. Collections**

The regulations also require Federal agencies and museums to inform
Indian tribes and Native Hawaiian organizations of Native American human
remains, funerary objects, sacred objects, and objects of cultural
patrimony in their collections prior to November 16, 1990 \[43 CFR
Subpart C\]. This information was made available in summaries and
inventories.

Superintendents should periodically review their Park NAGPRA inventory
and summary to make sure they are accurate and updated to reflect new
information that may have changed identification of items as covered by
NAGPRA, new information that may have changed determinations of cultural
affiliation, new acquisitions, or newly recognized Indian tribes. A
NAGPRA module in the NPS collections management database system, ANCS+,
is available to facilitate the update process.

When new information is received that may affect cultural affiliation
determinations, modifications to the original summaries or inventories
may be necessary. When items are found that were not on the original
summaries or inventories, the process of consultation, evaluation, and
notification -- as outlined in Figures 4 and 5 -- will again take place.

[Summaries]{.underline}

Summaries are written descriptions of collections that may contain
unassociated funerary objects, sacred objects, or objects of cultural
patrimony \[43 CFR 10.8\]. Summary information for all park units was
distributed to nearly 800 Indian tribes, Native Hawaiian organizations,
and non-federally recognized Indian groups in November 1993. This served
as a simple notification to each Indian tribe and Native Hawaiian
organization of the nature of the collections held by NPS. The summary
was an initial step to bring Indian tribes and Native Hawaiian
organizations into consultation with NPS. Consultation between NPS and
an Indian tribe or Native Hawaiian organization was required no later
than the completion of the summary process.

If a claim is made for unassociated funerary objects, sacred objects, or
objects of cultural patrimony, the superintendent must determine that
the object claimed fits the definition of the specified NAGPRA category.
Identification of specific unassociated funerary objects, sacred
objects, or objects of cultural patrimony must be done in consultation
with Indian tribe representatives and traditional religious leaders who
may have special knowledge regarding these categories of objects.
Superintendents also must ensure that claimants meet the definition
either of lineal descendants or culturally affiliated Indian tribes.

######### Inventories

Inventories are item-by-item descriptions of Native American human
remains and associated funerary objects. Unlike the summaries,
inventories must have been completed in consultation with Indian tribes
and Native Hawaiian organizations and represent a decision by the
superintendent as to the cultural affiliation of particular Native
American human remains or associated funerary objects \[43 CFR 10.9\].

######## [Notification]{.underline}

Before the repatriation of Native American human remains, funerary
objects, sacred objects, and objects of cultural patrimony in NPS
collections, a notice must be published in the *Federal Register* \[43
CFR 10.8(f) and 10.9(e)\]. Notification provides information to
potentially affected parties of a pending agency action, providing them
with an opportunity to respond. Notification is not a primary means of
communication with potential claimants but is a last chance for
claimants that may have been overlooked to voice their concerns.

######### *Notice of Inventory Completion*

A Notice of Inventory Completion summarizes the contents of an inventory
of Native American human remains and associated funerary objects and
their geographical and cultural affiliation in sufficient detail to
enable other individuals, Indian tribes, and Native Hawaiian
organizations to determine their interest in claiming the inventoried
items. The notice is published in the *Federal Register* when a park has
made a determination of cultural affiliation or lineal descent for
Native American human remains and associated funerary objects in its
possession or control. Repatriation may not occur until at least 30 days
after publication in the *Federal Register*. See Figure 4 for a model of
the notice development process.

The Notice of Inventory Completion should minimally include the
following information --

-   names of all participating Indian tribes, specifically noting any
    agreements among groups regarding which group will lead in a
    repatriation, which groups have withdrawn from a repatriation, and
    any other pertinent information;

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-   name of site, county, State from which the cultural items
    originated;

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-   minimum number of individuals represented by the Native American
    human remains;

-   number and types of associated funerary objects;

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-   the circumstances surrounding the removal and all subsequent
    transfers until the remains and other cultural items came into the
    park's possession;

-   dates and additional information about the Native American human
    remains, or any known earlier group/phase and how/why these
    individuals have been determined to be Native American;

-   evidence for present-day cultural affiliation with the earlier
    identifiable group, for example, any historical records, continuity
    of occupation, continuity of ethnographic materials;

-   tribal evidence of cultural affiliation, for example, oral history,
    manner of interment, known/named village/camp, etc.

*Notice of Intent to Repatriate*

A Notice of Intent to Repatriate is published when a park receives,
reviews, and accepts a claim by a tribe for sacred objects, unassociated
funerary objects, or objects of cultural patrimony. The notice describes
unassociated funerary objects, sacred objects, or objects of cultural
patrimony being claimed in sufficient detail to enable other
individuals, Indian tribes, and Native Hawaiian organizations to
determine their interest in the claimed objects. Repatriation may not
occur until at least 30 days after publication in the *Federal
Register*. See Figure 5 for a model of the notice development process.

**Figure 4. Notice of Inventory Completion Development Process Model**

**Figure 5. Notice of Intent to Repatriate Development Process Model**

The Notice of Intent to Repatriate should minimally include the
following information --

-   a brief description (including number) of the object(s)

-   the dates and circumstances of acquisition

-   the evidence for cultural affiliation

-   evidence from consultation with the tribe supporting the definition
    of these cultural items as unassociated funerary objects, sacred
    objects, or objects of cultural patrimony as defined under NAGPRA

**NOTE:** The Notice of Inventory Completion and the Notice of Intent to
Repatriate are distinct and unrelated. Notices of Inventory Completion
include only Native American human remains and associated funerary
objects and must be published whether or not a claim has been received.
Notices of Intent to Repatriate include only unassociated funerary
objects, sacred objects, or objects of cultural patrimony and are
published after a claim has been received, evaluated, and accepted. A
Notice of Intent to Repatriate is not intended as notification of the
repatriation of Native American human remains and/or associated funerary
objects that may occur after the publication of a Notice of Inventory
Completion. Both types of notices must be developed in cooperation with
the Park NAGPRA program lead.

**4. WHO HAS STANDING TO CLAIM NAGPRA ITEMS?**

Lineal descendants, Indian tribes, and Native Hawaiian organizations may
request cultural items covered by NAGPRA \[43 CFR 10.2(b)\]. See Section
7 below for more detailed information regarding priority of custody and
which cultural items may be claimed by which group.

**a. Lineal Descendants**

The regulations implementing NAGPRA \[43 CFR 10.2(b)(1)\] define lineal
descendant as 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 of descendance to a known Native American individual
whose remains, funerary objects, or sacred objects are being claimed.

######## **b. Indian Tribes**

The regulations implementing NAGPRA \[43 CFR 10.2(b)(2)\] define Indian
tribe as any tribe, band, nation, or other organized Indian group or
community of Indians, including any Alaska Native village or corporation
as defined in or established by the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), which is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.

######## **c. Native Hawaiian Organizations**

The regulations implementing NAGPRA \[43 CFR 10.2(b)(3)\] define Native
Hawaiian organization as any organization that serves and represents the
interests of Native Hawaiians, has as a primary and stated purpose the
provision of services to Native Hawaiians, and has expertise in Native
Hawaiian affairs. The regulations specifically identify the Office of
Hawaiian Affairs and Hui Malama I Na Kupuna \'O Hawai\'i Nei as being
Native Hawaiian organizations, but give neither organization special
status. Native Hawaiian organizations need not comprise mostly Native
Hawaiian members.

**5. WHO DOES NOT HAVE STANDING TO CLAIM NAGPRA ITEMS?**

Individuals, except in the case of lineal descendants, cannot make
claims for Native American human remains or other cultural items.
Non-federally recognized Indian groups *do not* have standing to claim
cultural items under the statute. Native American human remains in NPS
collections for which a relationship of shared group identity can be
shown with a particular non-federally recognized Indian group are
considered culturally unidentifiable for NAGPRA purposes and may be
brought before the NAGPRA Review Committee for a recommendation of
disposition. See Section 11 d. below for more information about
culturally unidentifiable remains.

Even though non-federally recognized tribes do not have standing to make
claims under NAGPRA, NPS personnel may communicate with them for the
purposes of gathering information, but cannot include them in NAGPRA
consultations unless the participation of such groups is requested by a
federally recognized tribe.

**6. CONSULTATION**

The regulations require consultation throughout the process: before
intentional excavations, before the completion of inventories, upon the
completion of summaries, and immediately after inadvertent discoveries.
The statute and regulations require consultation to be initiated through
a formal written request \[43 CFR 10.5(b)\]. The formal request should
be followed by personal contact and interaction.

**a. Identifying Consulting Groups**

The first step in any consultation effort is to identify the appropriate
consulting groups. This step is particularly critical when an
inadvertent discovery occurs on park land. Upon notification of the
inadvertent discovery, the superintendent has only three working days to
contact the appropriate lineal descendants, Indian tribes, or Native
Hawaiian organizations \[43 CFR 10.4(d)(1)\]. It is therefore helpful to
have an existing list of contacts. Many parks have established
relationships with tribes either as a result of NAGPRA or the
requirements of other statutes and regulations.

Federally recognized tribes that are traditionally associated with the
park should be among the initial contacts in beginning the consultation
process. See Section 7 below for a discussion of the distinction between
traditional association and cultural affiliation. In addition, the
implementing regulations \[43 CFR 10.5(a), 10.8(d), and 10.9(b)\]
stipulate that all of the following individuals, Indian tribes, and
Native Hawaiian organizations must be consulted:

-   Potential lineal descendants. These individuals may have already
    contacted the park or been identified by the Indian tribe or Native
    Hawaiian organization. In cases where the identity of the individual
    whose remains or other cultural items are being discussed is known,
    it may be appropriate to publish a notice in a newspaper of general
    circulation in the area in which the affiliated Indian tribes or
    Native Hawaiian organizations now reside to ensure that all
    potential lineal descendants have been identified. See Section 7
    below for more information about lineal descendants.

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-   Indian tribes and Native Hawaiian organizations that are or are
    likely to be culturally affiliated with the Native American human
    remains, funerary objects, sacred objects, or objects of cultural
    patrimony. See Section 7 below for more information about cultural
    affiliation.

-   Indian tribes on whose aboriginal lands the Native American human
    remains, funerary objects, sacred objects, or objects of cultural
    patrimony were or are expected to be found. Determinations of tribal
    aboriginal lands have been made by the Indian Claims Commission and
    the U.S. Court of Claims. See Section 7 below for more information
    about aboriginal lands.

Some online resources for assistance in identifying federally recognized
tribes, official tribal contacts, and aboriginal lands include:

-   BIA list of federally recognized tribes
    \<http://www.cr.nps.gov/nagpra/mandates/BIA_list.pdf\>

-   Native American Consultation Database
    \<http://www.cast.uark.edu/other/nps/nacd\>, and

-   map of aboriginal lands as established by the Indian Claims
    Commission \<http://www.cr.nps.gov/nagpra/DOCUMENTS/ClaimsMAP.htm\>.

**b. Initiating Consultation**

Initial contact with lineal descendants, Indian tribes, and Native
Hawaiian organizations can take several forms. Written correspondence is
essential to document the consultation process for the administrative
record. However, initiating consultation with a telephone call, with
written confirmation, is an effective way to avoid misunderstandings
that could result from exclusive use of written communication.
Inadvertent discoveries require telephone notification with written
confirmation. Fax transmission of written correspondence also expedites
the consultation process. No matter what form is used, initial contact
should outline the nature of the situation to be discussed, identify who
will represent the NPS, request information on the appropriate tribal
representatives to contact, and propose a time for consultation. The
most effective initial contact is short and to the point. In light of
the government-to-government relationship between Indian tribes and the
United States, initial contact by NPS units should originate with the
superintendent and be directed to the head of tribal government.
Subsequent consultation may be delegated to professional staff if
appropriate.

Each Indian tribe or Native Hawaiian organization has authority to
select a representative. Care should be taken to ensure that an
individual claiming to represent these entities is authorized by the
Indian tribe or Native Hawaiian organization. If there is any doubt,
call the tribal chair, governor, or president to verify that the
individual is acting on behalf of the Indian tribe or Native Hawaiian
organization.

Follow-up is critical to successful consultation. Indian tribe and
Native Hawaiian organization officials may be busy and not respond to
the initial letter or telephone call in a timely fashion. If a response
to the initial communication is not received within two weeks, the
superintendent or other staff should call the Indian tribe or Native
Hawaiian organization official directly to verify that they received the
communication.

**c. Consultation Meetings**

Face-to-face consultation meetings are one of the most effective forums
for obtaining the advice or opinion of Indian tribes and Native Hawaiian
organizations. A number of factors need to be considered when planning
consultation meetings.

The complex and sensitive issues that are dealt with during consultation
make it unlikely that discussions will be completed with a single
meeting. Initial meetings provide an opportunity for the participants to
get acquainted and review legal requirements. Subsequent meetings build
on this foundation to address more substantive issues. Initial meetings
often accommodate larger numbers of people representing various Indian
tribes, Native Hawaiian organizations, and the NPS. Later meetings
focusing on particular Native American human remains, funerary objects,
sacred objects, or objects of cultural patrimony are best limited to a
small number of representatives of the NPS and an Indian tribe or Native
Hawaiian organization. It is vital that the NPS offer to meet one-on-one
with individual tribes since some issues may be too sensitive to discuss
in a group setting.

Initial meetings should be convened in a location that is mutually
convenient to participants. Subsequent meetings may be held at or near
the location of the site or repository where the objects under
discussion were found or are currently held. Care should be taken to
ensure that the meeting place is culturally appropriate to the Indian
tribe representatives.

Some Indian tribes and Native Hawaiian organizations have their own
meeting protocol that should be taken into account when planning
consultation meetings. Tribal representatives may wish to open the
meetings with a prayer. Some topics may require comment from more than
one individual; discussions of other topics may be limited to specific
individuals; and some information may only be communicated at certain
times of the year. Tribal representatives may need to relate the details
of the meetings to their governing officials, traditional religious
leaders, and other community members before decisions are made. Such
factors make it essential that all participants discuss and agree on the
form and content of consultation meetings, as well as on the time needed
for reaching decisions.

**d. Maintaining Consultation**

Parks may find that once consultation has been initiated, a regular
pattern of communication is beneficial. The compliance requirements of
other statutes and regulations, such as the National Historic
Preservation Act, also will have resulted in extensive networking and
relationship building among parks and tribes that can be utilized and
enhanced when specific NAGPRA issues arise.

**e. Documenting Consultation**

All consultation should be documented and include copies of all written
correspondence between the parties involved, a log of all telephone
conversations, and summaries or transcripts of all consultation
meetings.

**f. Cost of Consultation**

The NPS is required to consult with lineal descendants and the
representatives of Indian tribes and Native Hawaiian organizations
before reaching decisions regarding the repatriation or disposition of
Native American human remains and objects covered by NAGPRA under agency
control. In order to facilitate consultation, the NPS may pay the travel
and per diem expenses of lineal descendants and Indian tribe and Native
Hawaiian organization representatives. Consultation fees may also be
appropriate for individuals with special expertise, such as traditional
religious leaders and translators. Park and support office
administrative personnel can suggest ways of paying for consultation
services, including invited travel procedures (when no consultation fees
are involved) and purchase orders that pay for professional services.

**7. EVALUATING REPATRIATION REQUESTS**

Upon the request of a lineal descendant, Indian tribe, or Native
Hawaiian organization, NPS must expeditiously return Native American
human remains, funerary objects, sacred objects, or objects of cultural
patrimony if **all** of the following criteria apply:

-   the claimant has standing,

-   the claimed item conforms to a class of cultural items covered by
    the statute, and

-   a relationship conforming to those recognized in the law can be
    demonstrated between the claimant and the cultural item(s).

**a. Standing**

Lineal descendants, federally recognized Indian tribes (including any
Alaska Native village or corporation), and Native Hawaiian organizations
have standing to request Native American human remains, funerary
objects, and sacred objects in NPS collections or excavated or
discovered inadvertently on park lands after November 16 1990 \[43 CFR
10.2(b)\]. Only Indian tribes and Native Hawaiian organizations have
standing to claim objects of cultural patrimony. Lineal descendants
cannot claim objects of cultural patrimony, since by definition objects
of cultural patrimony are the communal property of a tribe.

**b. Object Categories**

In addition to Native American human remains, three types of objects can
be claimed under provisions of the statute: funerary objects, sacred
objects, and objects of cultural patrimony. Claimed objects must conform
to the object categories as defined in the statute and the regulations
(25 USC 3001; 43 CFR 10.2).

[Funerary Objects]{.underline}

Funerary objects are items that, as part of the death rite or ceremony
of a culture, are reasonably believed to have been placed intentionally
at the time of death or later with or near individual Native American
human remains \[43 CFR 10.2(d)(2)\]. Funerary objects must be identified
by a preponderance of the evidence as having been removed from a
specific burial site of an individual affiliated with a particular
Indian tribe or Native Hawaiian organization or as being related to
specific individuals or families or to known Native American human
remains. Funerary objects may be either "associated" or "unassociated."

*Associated Funerary Objects*

A funerary object is associated if the human remains from the same
burial are in the possession or control of any museum or Federal agency.
The human remains and the funerary objects do not need to be held by the
same museum or Federal agency. For example, if the objects removed from
a burial are in a park's collections but the human remains from that
burial are in the collections of another agency or museum, those objects
are associated. In addition, the law states that objects that we know
were made exclusively for burial purposes or to contain human remains
are also associated funerary objects.

*Unassociated Funerary Objects*

A funerary object is unassociated if the human remains from the same
burial are not in the possession or control of any museum or Federal
agency. Some examples of when this situation may occur include: the
human remains were left in the ground, the human remains are missing, or
the human remains have already been repatriated.

**NOTE:** Because repatriation at the Smithsonian Institution is
governed by the National Museum of the American Indian Act of 1989, the
Smithsonian is not considered a Federal agency or museum as defined by
NAGPRA. Where Native American human remains are held by the Smithsonian
and funerary objects are held by NPS, the funerary objects are
considered unassociated and should be repatriated through the summary
process rather than the inventory process. See Section 3.c. above.

[Sacred Objects]{.underline}

Sacred objects are specific ceremonial items needed by traditional
Native American religious leaders for the practice of traditional Native
American religions by their present-day adherents \[43 CFR 10.2
(d)(3)\]. While many items, from ancient pottery sherds to arrowheads,
might be imbued with sacredness in the eyes of an individual, these
regulations limit this category to objects that were devoted to a
traditional Native American religious ceremony or ritual and which have
religious significance or function in the continued observance or
renewal of such ceremony.

[Objects of Cultural Patrimony]{.underline}

Objects of cultural patrimony are items having ongoing historical,
traditional, or cultural importance central to an Indian tribe or Native
Hawaiian organization as a whole, rather than being property owned by an
individual tribal or organization member \[43 CFR 10.2 (d)(4)\]. These
objects are of such central importance that they may not be alienated,
appropriated, or conveyed by any individual tribal or organization
member. Such objects must have been considered inalienable by the
culturally affiliated Indian tribe or Native Hawaiian organization at
the time the object was separated from the group. Objects of cultural
patrimony include items such as Zuni War Gods, the Confederacy Wampum
Belts of the Iroquois, and other objects of similar character and
significance.

**c. Priority of Custody**

An individual or group with standing must demonstrate a relationship
with the Native American human remains, funerary objects, sacred
objects, or objects of cultural patrimony being claimed. Potential
relationships are --

-   lineal descent,

-   tribal lands,

-   cultural affiliation,

-   aboriginal lands, and

-   stronger cultural relationship than the tribe determined to have
    occupied the land aboriginally.

Which type of relationship has priority differs depending on whether the
items are part of a park collection or are excavated or discovered
inadvertently on park land after November 16, 1990.

[Collections]{.underline}

Only relationships of lineal descent or cultural affiliation apply to
Native American human remains and items in NPS collections. Individuals
who can show lineal descent have priority of custody over Indian tribes
that have been determined to be culturally affiliated.

[Inadvertent Discoveries and Intentional Excavations]{.underline}

Relationships of lineal descent, tribal land (which will rarely apply in
NPS), cultural affiliation, aboriginal territory, or stronger cultural
relationship than aboriginal territory apply in situations of
intentional excavations or inadvertent discoveries.

Priority of custody is in the order listed here \[43 CFR 10.6(a)\] --

*Lineal Descent*

The standard for determining a relationship of lineal descent is very
strict. The individual must be able to trace ancestry directly and
without interruption to a known Native American individual whose
remains, funerary objects, or sacred objects are being claimed.
Documentation is needed to demonstrate a relationship of lineal descent.
The line of descent must be direct and without interruption according to
the traditional kinship system of the Indian tribe or Native Hawaiian
organization or by the common law system of descendance \[43 CFR
10.14(b)\]. An Indian tribe or Native Hawaiian organization can often
provide information on its traditional kinship system to assist in
verifying claims of lineal descent.

*Tribal Lands*

Tribal lands are all lands within the exterior boundaries of any Indian
reservation; all dependent Indian communities; any lands administered
for the benefit of Native Hawaiians pursuant to the Hawaiian Homes
Commission Act, 1920, and section 4 of Public Law 86-3. \[25 USC 3001
(15)\] Indian tribes on whose tribal lands the cultural items were
excavated or discovered inadvertently would have priority of custody if
there are no lineal descendants.

*Cultural Affiliation*

Cultural affiliation is a relationship of shared group identity that can
reasonably be traced historically or prehistorically between members of
a present-day Indian tribe or Native Hawaiian organization and an
identifiable earlier group. Many different types of evidence may be
evaluated to document such a relationship, including geographical,
kinship, biological, archeological, anthropological, linguistic,
folklore, oral tradition, historical, and other information or expert
opinion \[43 CFR 10.14(e)\]. There are three elements that must be
considered when investigating whether or not a relationship of cultural
affiliation can be determined. There must be a present day Indian tribe
or Native Hawaiian organization, an identifiable earlier group, and a
relationship of shared group identity between these two groups.

Unlike claims of lineal descent in which the relationship between the
claimant and the individual whose remains or items are claimed must be
direct and without interruption, determination of cultural affiliation
is based on an overall evaluation of the totality of the circumstances
and evidence and should not be precluded because of some gaps in the
record. Determinations of cultural affiliation should be as precise as
possible, and should result from the critical evaluation and careful
weighing of all available evidence. Parks should avoid affiliating all
cultural items in park collections with all traditionally associated
Native American groups unless the evidence supports that determination.
See Section 7.d. below for a discussion about evaluating lines of
evidence.

> *[Traditional Association and Cultural Affiliation]{.underline}:* In
> making determinations about cultural affiliation under NAGPRA, park
> managers must recognize the difference between traditional association
> and cultural affiliation. Under NPS management policies,
> "Traditionally associated peoples\" are groups with special cultural
> interests in a National Park that precede the establishment of the
> park unit and that have endured for at least two generations (40
> years). These may include park neighbors, traditional residents, and
> former residents who remain attached to the park area despite having
> relocated. Not all traditionally associated peoples are Native
> American, though many Native American groups are considered
> traditionally associated. Traditionally associated peoples regard park
> resources as essential to their development and identity as a
> culturally distinct group. For traditionally associated peoples,
> specific places or resources within parks, such as sites, structures,
> objects and landscapes hold significance, as they may be closely
> associated with the peoples' sense of purpose, existence as a
> community, heritage, and development as an ethnically or spiritually
> distinctive group. These places may, for example, have supported
> subsistence or ceremonial activities, represent birthplaces, or mark
> migration routes.
>
> Whereas traditionally associated peoples have a relationship
> connecting contemporary people to **places** with which they have
> ancestral ties, cultural affiliation is a demonstrated relationship
> between contemporary Native American tribes and the **earlier group**
> from which the Native American human remains or cultural items
> originated or were acquired. Prior geographic association of a tribe
> to park lands may not, in itself, be enough for a determination of
> cultural affiliation.
>
> Traditional association and cultural affiliation are not mutually
> exclusive. Sometimes an Indian tribe can be both traditionally
> associated through an ongoing cultural connection to a park and
> culturally affiliated with an earlier group that lived on or used park
> lands.

*Aboriginal Lands*

For situations of intentional excavations and inadvertent discoveries
when lineal descent and cultural affiliation cannot be demonstrated,
disposition may be made to an Indian tribe that -- according to a final
judgment of the Indian Claims Commission or the U.S. Court of Claims --
aboriginally occupied the Federal land from which the Native American
human remains or objects were removed. An online map of Indian land
areas established by the Commission is available at the National NAGPRA
program's website
\<http://www.cr.nps.gov/nagpra/DOCUMENTS/ClaimsMAP.htm\>.

*Stronger Cultural Relationship*

This term is not defined in the statute or regulations, but clearly
constitutes a weaker relationship than lineal descent or cultural
affiliation. The concept of "stronger cultural relationship" is
considered **only** in those cases where lineal descent and cultural
affiliation cannot be demonstrated **and** where an Indian tribe has
been identified -- according to a final judgment of the Indian Claims
Commission or the U.S. Court of Claims -- as having aboriginally
occupied the land from which the Native American human remains or
objects were removed. If it can be demonstrated that a different Indian
tribe has a stronger cultural relationship with the Native American
human remains and other cultural items than the tribe designated as the
aboriginal occupant, the former has priority of custody. Situations
where the concept of "stronger cultural relationship" comes into play
are rare. Contact the Park NAGPRA program lead for additional
information.

**d. Evaluation of Evidence**

NAGPRA requires careful consideration of evidence when assessing if
human remains are Native American, whether objects fit into the
categories defined by NAGPRA, and if relationships of lineal descent or
cultural affiliation can be determined. NAGPRA requires that cultural
affiliation of an Indian tribe or Native Hawaiian organization be
determined by a preponderance of evidence. This evidence may include any
or all of the following types: geographical, kinship, biological,
archaeological, anthropological, linguistic, folkloric, oral
traditional, historical, or other relevant information or expert
opinion. Each academic discipline has its own standards of reliability.
Information from non-academic sources is also permissible.

The law does not privilege any one type of evidence over another in
determining cultural affiliation. It requires that the determination be
made based on the preponderance of the evidence \[43 CFR 10.14(f)\].
'Preponderance of the evidence" is a legal term, defined in Black's Law
Dictionary as:

> Evidence which is of greater weight or more convincing than the
> evidence which is offered in opposition to it; that is, evidence which
> as a whole shows that the fact sought to be proved is more probable
> than not. With respect to the burden of proof in civil action, means
> greater weight of evidence, or evidence which is more credible and
> convincing to the mind. That which best accords with reason and
> probability. (1991, abridged 6^th^ edition, p. 819)

The preponderance of the evidence is the standard of proof needed to
evaluate claims made under the statute. Claimants do not have to
establish their claims with scientific certainty. It is the
superintendent's responsibility to determine whether the evidence
satisfactorily substantiates the claim. In evaluating claims the park
should seek information from the claimants and from as many other
sources as are available, including academic disciplines and other
expert opinion. The park should hold each type of evidence to the
standards of the particular discipline or source. In the case of
scholarly and scientific disciplines, the assistance and/or review of
subject matter experts should be sought. In the case of non-academic
sources of information, such as expert opinion from a tribal religious
leader, the park should verify the person's authority and standing.

Once the evidence is compiled and evaluated, the superintendent must
decide whether a preponderance of the evidence supports the claim for
Native American human remains, funerary objects, sacred objects, or
objects of cultural patrimony. The reliability and relevance of evidence
should be evaluated for each case. A reasonable determination that a
relationship of shared group identity exists is required. \"Reasonable\"
according to Black\'s Law Dictionary (1991, abridged 6th edition, p.
874), means: \"fair, proper, just, moderate, \[and\] suitable under the
circumstances.\" Regional NAGPRA coordinators, the Park NAGPRA program
lead, support office or center archeologists, ethnographers, curators,
and Native American liaisons can assist in the decision-making process.
Superintendents must document their evidence evaluation and
decision-making processes as completely as possible.

**8. DISPUTES**

In some cases, it may not be possible for NPS and the interested
individuals, Indian tribes, and Native Hawaiian organizations to agree
on the disposition or repatriation of particular Native American human
remains, funerary objects, sacred objects, and objects of cultural
patrimony.

NAGPRA does not have a formal administrative appeals process. A lineal
descendant, Indian tribe, or Native Hawaiian organization may decide to
present more evidence following a superintendent's decision not to
return particular objects. Such additional evidence should be given full
consideration by the superintendent and the decision revised if
necessary. Superintendents' decisions are subject to standard
administrative review procedures.

Disputes may be brought to the attention of the NAGPRA Review Committee.
The Review Committee is charged with facilitating the resolution of
disputes among lineal descendants, Indian tribes, Native Hawaiian
organizations, museums, and Federal agencies relating to the return of
Native American human remains, funerary objects, sacred objects, and
objects of cultural patrimony. The Review Committee will consider
requests to facilitate the resolution of a dispute from any of the
involved parties. If the Review Committee decides to attempt to
facilitate the dispute, it will initially request written documentation
regarding the dispute from all involved parties. This information will
be reviewed and, if appropriate, the disputing parties will be invited
to appear before the committee. Review Committee recommendations and
findings are not binding.

**9. TRANSFER OF CONTROL OR CUSTODY**

Transfer of control or custody can only occur after the required public
notice has been published and the designated notice period has elapsed.
See Section 3 above for a more detailed discussion of notification
requirements. Preparation for transfer must involve additional
consultation with the appropriate lineal descendant, Indian tribe, or
Native Hawaiian organization to determine the place and manner of
delivery \[25USC 3005(a)(3)\]. Following the close of the notice comment
period the superintendent or the designated NAGPRA coordinator should
contact the lineal descendant or appropriate tribal official(s) to
discuss the transfer. During this consultation, if possible, parks and
the recipient should establish a specific timeline for the transfer.
Arrangements should take into consideration the sensitive nature of the
transfer and any particular cultural or religious proscriptions.

When transferring control or custody of cultural items in collections,
the superintendent must ensure that the Native American human remains,
funerary objects, sacred objects, and objects of cultural patrimony are
deaccessioned according to NPS procedures, including assigning
deaccession numbers, updating accession and catalog records, completing
a deaccession form, and filing all documentation in the accession or
optional deaccession file. (For further guidance on deaccessioning,
consult Part II of the NPS *Museum Handbook*) In addition, the park may
create and maintain a transfer document for its records. This document
could outline the conditions (timeframe, place and manner) of the
transfer, be signed by the NPS and the lineal descendant or tribal
representative, and serve as part of the permanent record for the park
files. See Figure 6 for a sample repatriation agreement for cultural
items in collections from the NPS *Museum Handbook*.

**NOTE:** Under Section 3 of the statute (25 USC 3002) and Subpart B of
the regulations (43 CRF 10.3-10.7), which cover inadvertent discoveries
and intentional excavations, \"transfer of control or custody\" does not
mean that parks should accession the cultural items or that tribes must
physically take possession of the items before they can be reburied. In
fact, parks should not accession Native American human remains, funerary
objects, sacred objects or objects of cultural patrimony inadvertently
discovered or intentionally excavated after November 16, 1990 into
collections.

10. **REBURIAL ON PARK LANDS**

Reinterment of Native American human remains in the same park unit from
which they were removed is permitted under current NPS policy
(*Management Policies 2001*, 5.3.4 and 6.3.8).

Issues that should be considered and agreed upon by the park and the
tribe(s) before reburial include --

-   the exact nature of the reinterment (e.g., number of remains, manner
    of reburial, etc.),

-   the way in which the reinterment will be conducted,

-   the place of reburial (e.g., the location should be selected to
    prevent the disturbance of additional archeological resources),

-   future uses of the same or adjacent areas,

-   special access to the reburial location,

-   security,

-   long term care and maintenance, and

-   tribal concerns that the remains not be disturbed in perpetuity.

If the Native American human remains and funerary objects to be reburied
on park land are from the park's collections, a NAGPRA inventory must be
completed and a Notice of Inventory Completion must be published in the
*Federal Register*. If the Native American human remains and funerary
objects were discovered inadvertently or intentionally excavated after
November 16, 1990 a Notice of Intended Disposition must be published in
local newspapers.

Transfer of custody to the affiliated Indian tribe of the Native
American human remains and associated funerary objects must occur prior
to reburial.

> US Department of the Interior Page 1 of 2
>
> **National Park Service** \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Deaccession Number

  -----------------------------------------------------------------------
  **Repatriation Agreement**

  -----------------------------------------------------------------------

> The Native American Graves Protection and Repatriation Act of 1990
> (NAGPRA) provides definitions and procedures for the repatriation of
> certain Native American human remains and cultural items, as defined
> in 25 U.S.C. 3001-3013, in the possession of federal agencies and
> museums that receive federal funds to lineal descendants, Indian
> tribes, and native Hawaiian organizations; and
>
> The representatives of the National Park Service
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}\[NPS
> unit\] have engaged in consultation with representatives of
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}\[The
> TRIBE\] and have determined the applicability of these definitions and
> procedures to objects currently in the possession of the National Park
> Service [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}\[NPS
> unit\].
>
> The National Park Service [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
> \[NPS unit\] and [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \[The
> TRIBE\] do hereby agree to the following:
>
> 1\. That [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \[The TRIBE\] is
> recognized as eligible for the special programs and service provided
> by the United States to Indians because of their status as Indians,
> and thus has status to make a claim for repatriation under NAGPRA;
>
> 2\. That all cultural items described on the attached list meet the
> criteria outlined in the Native American Graves Protection and
> Repatriation Act of 1990 (25 USC 3001-3013) and 43 CFR 10.2 (b), such
> that:
>
> a\. all *human remains* are of Native American ancestry and do not
> include remains or portions of remains freely given by the individual
> from whose body they were obtained;
>
> b\. all *funerary objects* are known or reasonably believed to have
> been placed intentionally at the time of death or later with or near
> individual human remains;
>
> c\. all *sacred objects* are specific objects needed by traditional
> Native American religious leaders for the current practice of
> traditional Native American religions by their present-day adherents;
>
> d\. all *objects of cultural patrimony* have ongoing historical,
> traditional, or cultural importance central to
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \[The TRIBE\], rather
> than to an individual tribal member and, as such, may not be
> alienated, appropriated, or conveyed by an individual Tribal member;
> and such object shall have been considered inalienable at the time the
> object was separated from [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
> \[The TRIBE\];
>
> 3\. That all cultural items described on the attached inventory were
> produced or used by an identifiable earlier group;
>
> 4\. That evidence exists of a shared group identity that can be
> reasonably traced between [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
> \[The TRIBE\] and the earlier group;
>
> 5\. That a Notice of Inventory Completion concerning the human remains
> or associated funerary objects, or a Notice of Intent to Repatriate
> concerning unidentified funerary objects, sacred objects or objects of
> cultural patrimony described on the attached list has been published
> in the *Federal Register*. In the time since that publication \[at
> least thirty days\] neither the National Park Service
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \[NPS unit\] nor
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \[The TRIBE\] has become
> aware of any competing claim;
>
> 6\. That, effective on the date of execution of this Repatriation
> Agreement, the National Park Service
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \[NPS unit\] transfers to
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \[The TRIBE\] all
> responsibility associated with the items described on the attached
> inventory.

7\. That this Repatriation Agreement releases the National Park Service
from any future claims by \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[The
TRIBE\] regarding the objects described on the attached inventory.

**Figure 6. Sample Repatriation Agreement -- page 1 (from NPS Museum
Handbook).**

Page 2 of 2

**Figure 6 (continued). Sample Repatriation Agreement -- page 2.**

**11. SPECIAL CIRCUMSTANCES**

NPS may retain control of Native American human remains, funerary
objects, sacred objects, or objects of cultural patrimony that would
otherwise be returned to a lineal descendant, Indian tribe, or Native
Hawaiian organization if any of five conditions apply:

-   there are multiple disputing claimants \[43 CFR10.10(c)(2)\];

-   the NPS has right of possession to the item \[43 CFR10.10(a)(2)\];

-   the item is part of an NPS collection and is indispensable to the
    completion of a specific scientific study, the outcome of which is
    of major benefit to the United States \[43 CFR10.10(c)(1)\];

-   the Native American human remains are culturally unidentifiable \[43
    CFR10.9(e)(6)\]; or

-   custody cannot be determined or no claim has been received for the
    Native American human remains, funerary objects, sacred objects, or
    objects of cultural patrimony \[43 CFR10.10(7)\].

**NOTE:** While NPS may retain control of Native American human remains
and other cultural items under these circumstances, any Native American
human remains, funerary objects, sacred objects, or objects of cultural
patrimony inadvertently discovered or intentionally excavated after
November 16, 1990 should not be accessioned into park collections.

**a. Multiple Disputing Claimants**

If there are multiple disputing claims and NPS cannot determine by a
preponderance of the evidence which requesting party is the most
appropriate recipient, then the agency may retain control of Native
American human remains, funerary objects, sacred objects, or objects of
cultural patrimony until the requesting parties mutually agree on the
appropriate recipient or the dispute is otherwise resolved. There is no
set time during which multiple claims must be resolved.

**b. Right of Possession**

If NPS has right of possession to Native American cultural objects, then
NPS may retain control of the items. Right of possession as defined in
the statute \[25 U.S.C. 3001 (13)\] means possession obtained with the
voluntary consent of an individual or group that had authority of
alienation.

**c. Scientific Study of Major Benefit to U.S.**

If Native American human remains, funerary objects, sacred objects, or
objects of cultural patrimony that are part of a collection are
indispensable to the completion of a specific study, the outcome of
which is of major benefit to the United States, then NPS may temporarily
retain control of the items. In such circumstances, the items must be
returned to the appropriate lineal descendant, Indian tribe, or Native
Hawaiian organization no later than 90 days after completion of the
study.

**d. Culturally Unidentifiable**

Native American human remains that are part of NPS collections and for
which no culturally affiliated present-day Indian tribe or Native
Hawaiian organization can be determined, including remains that can be
shown to have a cultural relationship with non-federally recognized
Indian groups, are considered culturally unidentifiable. NPS must retain
possession of culturally unidentifiable Native American human remains
until regulations governing their disposition \[43 CFR 10.11\] have been
finalized unless legally required to do otherwise or recommended to do
otherwise by the Secretary of the Interior. The process for requesting
recommendations from the Secretary regarding the disposition of
culturally unidentifiable Native American human remains is to take each
case to the NAGPRA Review Committee, which advises the Secretary. In
most cases, the recommendations from the Committee will serve as
recommendations from the Secretary.

**e. Unclaimed**

Unclaimed Native American human remains, funerary objects, sacred
objects, or objects of cultural patrimony are those that are discovered
inadvertently or excavated from park lands after November 16, 1990 for
which either no claimant has been identified in accordance with the
priority of custody as described in the regulations \[43 CFR 10.6\] or
for which no claim has been received. NPS may retain possession of
unclaimed Native American human remains and other cultural items until
custody has been resolved or until regulations governing disposition of
unclaimed Native American human remains, funerary objects, sacred
objects, or objects of cultural patrimony \[43 CFR 10.7\] have been
finalized.

**12. DOCUMENTATION**

**a. The Administrative Record**

The administrative record must document all disposition or repatriation
actions. It must include documentation of the Native American human
remains, funerary objects, sacred objects, or objects of cultural
patrimony under consideration and copies of all written correspondence,
a log of all telephone conversations, documentation of all consultation
meetings, and copies of all agreements between the relevant parties. The
original file should be retained by the park as part of the museum
archive collection and, if appropriate, the archeological site file. A
copy should be sent to the regional office or center that maintains
records concerning park archeology or museum collections. These files
should be retained even after the disposition or repatriation of the
relevant Native American human remains, funerary objects, sacred
objects, and objects of cultural patrimony.

**b. Confidentiality**

In some situations, the information needed by the superintendent to make
a decision regarding applicability of the statutory terms to particular
objects may be considered extremely sensitive by Indian tribe and Native
Hawaiian organization representatives. The NPS has a limited ability to
protect sensitive information from public disclosure.

The Freedom of Information Act gives any person the right to access
Federal agency records, except to the extent that such records are
protected from disclosure by one of nine exemptions or three special law
enforcement record exclusions. There is no specific provision in NAGPRA
that protects sensitive information from public disclosure. Other
disclosure limitations, such as those in the Archaeological Resources
Protection Act, the National Historic Preservation Act, and the National
Parks Omnibus Act may provide some flexibility in protecting sensitive
information from public disclosure. ARPA requires that information
concerning the nature and location of any archeological resource whose
excavation or removal requires a permit is not made available to the
public without the consent of the appropriate Federal land manager
pursuant to the conditions outlined at 16 USC 470hh. The National
Historic Preservation Act requires the head of a Federal agency or other
public official to withhold from disclosure to the public information
about the location, character, or ownership of a historic resource if
the Secretary of the Interior and the agency determine that disclosure
would cause a significant invasion of privacy, risk harm to the
resource, or impede the use of a traditional religious site by
practitioners \[16 USC 470w-3\]. The National Parks Omnibus Act
authorizes withholding information on the nature and location of objects
of cultural patrimony in National Park System units \[16 USC 5937\]. See
also Management Policies 5.2.3.

It is important to be candid with Indian tribe and Native Hawaiian
organization representatives about the limited protection that can be
given to sensitive information. During consultation, NPS officials
should not request more information than is needed to decide whether
remains or objects fit into NAGPRA categories, to make determinations of
cultural affiliation, or to support other decisions regarding the
disposition or repatriation of Native American human remains, funerary
objects, sacred objects, and objects of cultural patrimony.

**13*.* GLOSSARY**

[Aboriginal land]{.underline} -- The regulations \[43 CFR
10.6(a)(2)(iii)\] refer to aboriginal land as Federal land that is
recognized by a final judgment of the Indian Claims Commission or the
United States Court of Claims as the aboriginal land of an Indian tribe.

[Associated funerary objects]{.underline} -- See Funerary Objects.

[Control]{.underline} -- The regulations \[43 CFR 10.2(a)(3)(ii)\]
define control as having a legal interest in human remains, funerary
objects, sacred objects, or objects of cultural patrimony sufficient to
lawfully permit the museum or Federal agency to treat the objects as
part of its collection for purposes of NAGPRA whether or not the human
remains or objects are in the physical custody of the museum or Federal
agency. Generally, a museum or Federal agency that has loaned human
remains or objects to another individual, museum, or Federal agency is
considered to retain control of those human remains or objects.

[Cultural affiliation]{.underline} -- The regulations \[43 CFR 10.2(e)\]
define cultural affiliation as a relationship of shared group identity
which can reasonably be traced historically or prehistorically between
members of a present-day Indian tribe or Native Hawaiian organization
and an identifiable earlier group. Cultural affiliation is established
when the preponderance of the evidence---based on geographical, kinship,
biological, archeological, linguistic, folklore, oral tradition,
historical evidence, or other information or expert opinion---reasonably
leads to such a conclusion.

[Culturally unidentifiable]{.underline} -- Culturally unidentifiable is
not defined in the statute or regulations. The National NAGPRA program
defines culturally unidentifiable in its online glossary as cultural
items for which no culturally affiliated present-day Indian tribe or
Native Hawaiian organization can be determined.
\<http://www.cr.nps.gov/nagpra/TRAINING/GLOSSARY.HTM\>

[Custody]{.underline} -- As used in the regulations \[43 CFR 10.6(a)\],
custody means ownership of human remains, funerary objects, sacred
objects, or objects of cultural patrimony excavated intentionally or
discovered inadvertently on Federal or tribal lands after November 16,
1990. The term custody is used when determining the rightful recipient
of human remains or other cultural items found, either inadvertently or
through planned excavations, after NAGPRA was enacted (November 16,
1990). Custody means final ownership. This usage does not apply to human
remains or other cultural items that were in collections prior to
November 16, 1990.

[Disposition]{.underline} -- Disposition is not defined in the statute
or regulations. As used in this document, disposition refers to the
transfer of cultural items inadvertently discovered or intentionally
excavated on park lands after November 16, 1990 -- based on the priority
of custody as described in the regulations \[43 CFR 10.6\] and assuming
appropriate claimants have been identified and custody can be determined
-- to lineal descendants, Indian tribes, or Native Hawaiian
organizations. If no claimant is identified or custody cannot be
determined, disposition may be to an appropriate NPS repository.

[Funerary objects]{.underline} -- The regulations \[43 CFR 10.2(d)(2)\]
define funerary objects as items that, as part of the death rite or
ceremony of a culture, are reasonably believed to have been placed
intentionally at the time of death or later with or near individual
Native American human remains. Funerary objects must be identified by a
preponderance of the evidence as having been removed from a specific
burial site of an individual affiliated with a particular Indian tribe
or Native Hawaiian organization or as being related to specific
individuals or families or to known Native American human remains. The
term burial site means any natural or prepared physical location,
whether originally below, on, or above the surface of the earth, into
which, as part of the death rite or ceremony of a culture, individual
Native American human remains were deposited, and includes rock cairns
or pyres which do not fall within the ordinary definition of gravesite.

> [Associated funerary objects]{.underline} -- The regulations \[43 CFR
> 10.2(d)(2)(i)\] define associated funerary objects as those funerary
> objects for which the Native American human remains with which they
> were placed intentionally are also in the possession or control of a
> museum or Federal agency. Associated funerary objects also means those
> funerary objects that were made exclusively for burial purposes or to
> contain Native American human remains.
>
> [Unassociated funerary objects]{.underline} -- The regulations \[43
> CFR 10.2(d)(2)(ii)\] define unassociated funerary objects as those
> funerary objects for which the Native American human remains with
> which they were placed intentionally are not in the possession or
> control of a museum or Federal agency. Objects that were displayed
> with individual Native American human remains as part of a death rite
> or ceremony of a culture and subsequently returned or distributed
> according to traditional custom to living descendants or other
> individuals are not considered unassociated funerary objects.

[Human remains]{.underline} -- The regulations \[43 CFR 10.2(d)(1)\]
define Native American human remains as the physical remains of a body
of a person of Native American ancestry. The term does not include
remains or portions of remains that may reasonably be determined to have
been freely given or naturally shed by the individual from whose body
they were obtained, such as hair made into ropes or nets. For the
purposes of determining cultural affiliation, Native American human
remains incorporated into a funerary object, sacred object, or object of
cultural patrimony, as defined below, must be considered as part of that
item.

[Indian tribe]{.underline} -- The regulations \[43 CFR 10.2(b)(2)\]
define Indian tribe as any tribe, band, nation, or other organized
Indian group or community of Indians, including any Alaska Native
village or corporation as defined in or established by the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.

[Lineal descendant]{.underline} -- The regulations \[43 CFR 10.2(b)(1)\]
define lineal descendant as 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 of descendance to a known Native American
individual whose remains, funerary objects, or sacred objects are being
claimed.

[Native Hawaiian organization]{.underline} -- The regulations \[43 CFR
10.2(b)(3)\] define Native Hawaiian organization as any organization
that serves and represents the interests of Native Hawaiians, has as a
primary and stated purpose the provision of services to Native
Hawaiians, and has expertise in Native Hawaiian affairs. The statute
specifically identifies the Office of Hawaiian Affairs and Hui Malama I
Na Kupuna \'O Hawai\'i Nei as being Native Hawaiian organizations.
Native Hawaiian organizations need not comprise mostly Native Hawaiian
members.

[Notice of Intended Disposition]{.underline} -- A notice of the proposed
disposition that is published in newspapers by the Federal agency
official responsible for cultural items excavated or removed from
Federal lands.

[Notice of Intent to Repatriate]{.underline} -- A notice that is
published in the *Federal Register* when a museum or Federal agency
receives, reviews, and accepts a claim by a tribe for sacred objects,
unassociated funerary objects, or objects of cultural patrimony.

[Notice of Inventory Completion]{.underline} -- A notice that is
published in the *Federal Register* when a museum or Federal agency has
made a determination of cultural affiliation for Native American human
remains and associated funerary objects in its possession or control.

[Objects of cultural patrimony]{.underline} -- The regulations \[43 CFR
10.2(d)(4)\] define objects of cultural patrimony as items having
ongoing historical, traditional, or cultural importance central to the
Indian tribe or Native Hawaiian organization itself, rather than
property owned by an individual tribal or organization member. These
objects are of such central importance that they may not be alienated,
appropriated, or conveyed by any individual tribal or organization
member. Such objects must have been considered inalienable by the
culturally affiliated Indian tribe or Native Hawaiian organization at
the time the object was separated

from the group. Objects of cultural patrimony include items such as Zuni
War Gods, the Confederacy Wampum Belts of the Iroquois, and other
objects of similar character and significance to the Indian tribe or
Native Hawaiian organization as a whole.

[Preponderance of evidence]{.underline} -- *Black's Law Dictionary*
(1991, abridged 6^th^ edition, p. 819) defines preponderance of evidence
as "...evidence which is of greater weight or more convincing than the
evidence which is offered in opposition to it; that is evidence which as
a whole shows that the fact sought to be proved is more probable than
not. ...greater weight of evidence, or evidence which is more credible
and convincing to the mind. That which best accords with reason and
probability. ...'preponderance' means something more than 'weight'; it
denotes a superiority of weight, or outweighing." (p. 819)

[Possession]{.underline} -- The regulations \[43 CFR 10.2(a)(3)(i)\]
define possession as having physical custody of human remains, funerary
objects, sacred objects, or objects of cultural patrimony with a
sufficient legal interest to lawfully treat the objects as part of its
collection for purposes of NAGPRA. Generally, a museum or Federal agency
would not be considered to have possession of human remains or objects
on loan from another individual, museum, or Federal agency.

[Repatriation]{.underline} -- Repatriation is not defined in the statute
or regulations. The National NAGPRA program, in its online glossary
\<http://www.cr.nps.gov/nagpra/TRAINING/GLOSSARY.HTM\> defines
repatriation as the transfer of physical custody of and legal interest
in Native American cultural items to lineal descendants, culturally
affiliated Indian tribes, and Native Hawaiian organizations.

[Sacred objects]{.underline} -- The regulations \[43 CFR 10.2(d)(3)\]
define sacred objects as items that are specific ceremonial objects
needed by traditional Native American religious leaders for the practice
of traditional Native American religions by their present-day adherents.
While many items, from ancient pottery sherds to arrowheads, might be
imbued with sacredness in the eyes of an individual, these regulations
are specifically limited to objects that were devoted to a traditional
Native American religious ceremony or ritual and which have religious
significance or function in the continued observance or renewal of such
ceremony. The term traditional religious leader means a person who is
recognized by members of an Indian tribe or Native Hawaiian organization
as being responsible for performing cultural duties relating to the
ceremonial or religious traditions of that Indian tribe or Native
Hawaiian organization, or exercising a leadership role in an Indian
tribe or Native Hawaiian organization based on the tribe or
organization\'s cultural, ceremonial, or religious practices.

[Traditionally associated peoples]{.underline} -- *NPS Management
Policies 2001* defines traditionally associated peoples as "...park
neighbors, traditional residents, and former residents who remain
attached to a park area despite having relocated. \...social/cultural
entities such as tribes, communities, and kinship units are
'traditionally associated' with a particular park when (1) the entity
regards park resources as essential to its development and continued
identity as a culturally distinct people; (2) the association has
endured for at least two generations (40 years); and (3) the association
began prior to establishment of the park." (p. 130)

[Unassociated funerary objects]{.underline} -- See Funerary Objects.

**14*.* FREQUENTLY ASKED QUESTIONS**

***May Native American human remains or other cultural items be reburied
without transfer of control or custody?***

No. Control and/or custody of Native American human remains and other
cultural items [must]{.underline} be transferred to the appropriate
lineal descendant, Indian tribe or Native Hawaiian organization before
reburial may take place. See Section 9 above.

***May Native American human remains or other cultural items be reburied
on park land?***

Current NPS policy (*NPS Management Policies 2001*, section 5.3.4)
allows the reburial of Native American human remains recovered from park
property in the same park from which they were removed. Reburial may
include remains that may have been removed from lands now within the
park. Issues that must be considered include the nature of the
reinterment, how the reinterment will be conducted, the place of
reburial, future use of the area, and future protection of the area. See
Section 10 above.

***Must a Notice of Intended Disposition be published in local
newspapers if the Native American human remains or other cultural items
discovered inadvertently are left in situ (not moved from their place of
discovery)?***

No. A Notice of Intended Disposition need not be published in local
newspapers if, after consultation and preparation of a written plan of
action, it has been determined that the Native American human remains or
other cultural items will be left *in situ*. However, the safety of the
Native American human remains and other cultural items must be ensured.
See Figure 2.

***Must a Notice of Intended Disposition be published in local
newspapers if the Native American human remains or other cultural items
discovered inadvertently are moved and reburied only a short distance
from their place of discovery?***

Yes. A Notice of Intended Disposition is required anytime Native
American human remains or other cultural items are moved from their
place of discovery, no matter how close the reburial location is to the
original site of discovery.

***Must a Notice of Intended Disposition be published in local
newspapers in situations where the Native American human remains or
other cultural items discovered inadvertently cannot be left in situ,
for example remains washed up on a beach?***

Yes. A Notice of Intended Disposition is required anytime Native
American human remains or other cultural items are moved from their
place of discovery.

***Must a Notice of Intent to Repatriate be published in the Federal
Register prior to repatriating Native American human remains and/or
associated funerary objects?***

No. A Notice of Intent to Repatriate is not intended as notification of
the repatriation of Native American human remains and/or associated
funerary objects. Notices of Intent to Repatriate cover only sacred
objects, unassociated funerary objects, or objects of cultural patrimony
and are published after a claim has been received, evaluated, and
accepted. As long as a Notice of Inventory Completion has been
published; thirty days has passed since its publication; a claim has
been received, and no other claimants have come forward, repatriation of
Native American human remains and/or associated funerary objects may
proceed.

***Must potential or identified lineal descendants be members of a
federally recognized tribe?***

No. Lineal descendants as defined under NAGPRA need not be members of a
federally recognized tribe \[43 CFR 10.14(b)\].

***Must a request for repatriation (claim) be in writing?***

According to NAGPRA regulations \[43 CFR 10.15(1)\], a "timely claim" is
required. For these purposes, a ''timely claim'' means the filing of a
written claim with a responsible museum or Federal agency official. The
claim must be from a recognized lineal descendant or an authorized
tribal official. See Section 4 above and 43 CFR 10.2(b) for more
information about parties with standing to claim NAGPRA items.

***How should Native American human remains and other cultural items
that have been seized as a result of an ARPA investigation be
handled?***

For most situations, because NPS will likely have possession and control
of the items, the processes outlined in the statute \[25 USC 3003-3005\]
and regulations \[43 CFR 10.8 -- 10.10\] for collections will likely
work best even if the materials have not been accessioned. See also
Sections 3.c. and 7 above. Contact regional NAGPRA coordinators or the
Park NAGPRA office if additional assistance is required (see page 2 for
contact information).

***What's the difference between possession, control, physical custody,
and custody?***

-   \'Physical custody\' simply refers to actual location.

-   \'Control\' means that the remains or objects are part of a
    museum\'s or agency\'s collections, whether or not the institution
    has physical custody.

-   \'Possession\' means that the remains or objects are part of a
    museum\'s or agency\'s collections and in its physical custody.

-   The term \'custody\' is used only in the particular instance of
    deciding who should receive remains or objects discovered or
    excavated after Nov. 16, 1990.

The terms possession and/or control are used when determining which
museum or Federal agency is responsible for NAGPRA compliance for Native
American human remains or other cultural items held in collections
[prior]{.underline} to the enactment of NAGPRA (November 16, 1990).
Control means having legal interest in the remains or objects such that
they are considered part of a museum's or agency's collections, with or
without physical custody. Possession means that a museum or agency has
both physical custody and legal control. Museums and Federal agencies
with possession and/or control are responsible for NAGPRA compliance.
For example:

> Agency A loans human remains, funerary objects, sacred objects or
> objects of cultural patrimony to Museum B. Agency A has neither
> physical custody nor possession but does have control. Museum B has
> physical custody but neither possession nor control. Agency A is
> therefore legally responsible for NAGPRA compliance,
>
> Museum B has human remains, funerary objects, sacred objects or
> objects of cultural patrimony in its collections that are not on loan
> from any other museum or Federal agency. Museum B has physical
> custody, possession, and control and is therefore legally responsible
> for NAGPRA compliance,

The term custody is used when determining the rightful recipient of
human remains or other cultural items found, either inadvertently or
through planned excavations, after NAGPRA was enacted (November 16,
1990). Custody means final ownership. This usage does not apply to human
remains or other cultural items that were in collections prior to
November 16, 1990.