Implementing the Native American Graves 

Protection and Repatriation Act (NAGPRA): 

Connecting Medical Examiner and 

Coroner Offices to Tribal Partners

November 22, 2021 | 1:00 PM ET

The webinar will begin shortly
Christine “Tina” Crossland

Senior Social Science Analyst

Office of Research, Evaluation, and Technology

National Institute of Justice, US Department of Justice

(202) 532-3436 | christine.crossland@usdoj.gov

Welcome

Implementing NAGPRA: Connecting Medical Examiner and Coroner Offices to Tribal Partners – November 22, 2021
Today’s presentation is supported by NIJ grant 2019-75-CX-0015 

awarded by the National Institute of Justice, Office of Justice 

Programs, U.S. Department of Justice.

The opinions, findings, and conclusions or recommendations 

expressed in this presentation are those of the authors and do not 

necessarily reflect those of the US Department of Justice.

Disclaimer

Implementing NAGPRA: Connecting Medical Examiner and Coroner Offices to Tribal Partners – November 22, 2021
Implementing NAGPRA: Connecting 

medical examiner and coroner offices 

to tribal partners

Dr. Veronica Pasfield, Reylynne Williams, Dr. Bruce Anderson, Dr. Ellen Lofaro, and Megan 

Kleeschulte, M.A

November 22, 2021
“In the larger scope of 

history, this is a very 

small thing. In the 

smaller scope of 

conscience, it may be 

the biggest thing we 

have ever done"

The Native American Graves Protection and 

Repatriation Act

- Passed in 1990

- Considered Civil Rights, Indian, 

Property, and Administrative Law

- Requires federal agencies and 

museums to repatriate Native 

American remains and cultural 

items to claimant tribes

2
NAGPRA Basics

Part 1

Repatriation of items in 

existing collections

Requires federal agencies 

and museums receiving 

federal funds to repatriate 

human remains and 

associated funerary 

objects

Part 2

Deals with ownership 

and control of all Native 

American remains and 

objects found on federal 

and tribal land in the 

future 

Part 3

Prohibits the 

trafficking in Native 

American human 

remains and 

cultural items 

without the full 

consent of the 

appropriate tribe or 

next of kin

3
NAGPRA Compliance

Museums

Any institution or State or local government agency (including any 

institution of higher learning) that receives Federal funds and has 

possession of, or control over, Native American cultural items” (25 

U.S.C 3001 (8)).

4
How do medical examiner and coroner offices fall 

under NAGPRA?

• State law that mandates that an agency, agent, or committee determine the disposition of 

human remains, will put the remains or cultural items under the possession or control of the 

state agency

- Majority of states have laws in this vein

• Addition of federal funding converts medical examiner and coroner offices to a museum for the 

purposes of NAGPRA

• While under examination as criminal investigations, NAGPRA does not apply

• Once the remains are determined to be non-forensically significant (generally 50 years or older) 

NAGPRA does apply, as it is a civil statute

5
IDENTIFYING THE ISSUE

- 2018 Nationwide 

survey

- Distributed to the 

National 

Association of 

Medical Examiners 

and various state 

medical examiner 

and coroner 

associations

- 185 Responses 

6
NAGPRA’S Application to ME/C Offices

Do you believe NAGPRA applies to ME/C 

offices?

62.7% Yes

4.8% No

32.5% Maybe

Are you aware of NAGPRA?

44.3% Yes

44.9% No

10.3%. Maybe

7
Presence of Protocol

34.1% 

official 

protocol

30.8% 

unofficial 

protocol

28.5% have no 

official or 

unofficial

8
Compliant Offices

9
Categories Percentage Count

Contact/give to archaeologists 26.31 15

Transfer to university/museum/historic 

commission/preservation office

28.07 16

Notify local Native Americans 14.03 8

Pass responsibility to forensic anthropologist 8.77 5

Follow state protocol 8.77 5

Retain/use for education purposes 10.52 6

Rebury/reinter 5.26 3

Unsure 14.03 8

OFFICAL DISPOSITION PROTOCOL

1
Categories Percentage Count

Contact/give to archaeologist 30.43 14

Transfer to university/museum/historic 

commission/preservation office

19.56 9

Notify local Native Americans 15.21 7

Pass responsibility to forensic anthropologist 15.21 7

Follow state protocol 6.52 3

Retain/use for education purposes 8.69 4

Rebury/reinter 0 0

NAGPRA Regulations 4.34 2

Unsure 13.04 6

UNOFFICIAL DISPOSITION PROTOCOL

1
Questions? 

Please feel free to contact us!

Dr. Ellen Lofaro, elofaro@utk.edu

Megan Kleeschulte, mkleesch@vols.utk.edu

Dr. Bruce Anderson, Bruce.Anderson@pima.gov

Reylynne Williams, Reylynne.Williams@gric.nsn.us

Dr. Veronica Pasfield, veronicapasfield@gmail.com