The National Parks Service oversees implementation of NAGPRA nationwide, and individual museums and federal agencies must have a NAGPRA officer or curator in charge of these efforts.
Over the last century, these institutions have amassed Native American ancestral remains and culturally significant items through archaeology and land development. In some cases, these ancestral remains are more than 1,000 years old. Under the law, these institutions are required to consult with tribes to determine, based on geographic location and estimated age, if there is an exsisting tribe or Native Hawaiian Organization (or potential descendents of that group) to whom these ancestors and objects belong. Museums that do not comply with NAGPRA may face civil penalties and won't be elligible for grants. Anyone found selling indigenous ancestral remains or cultural items may face criminal charges.
But despite the law having been in effect for more than 30 years, at least 90,000 Native American ancestors and 700,000 funerary objects remain in institutions' collections. These items represent a legacy of colonization and injustice against Native American people. The passage of the law was an attempt to right this injustice, however, lack of funds and means for enforcement have made the process extremely slow.
On January 12, 2024, the US Department of the Interior implemented a new rule to update NAGPRA regulations. Under these new regulations, instutions cannot display ancestral remains or sacred objects without obtaining prior and informed consent from descendents, tribes or Native Hawaiian Organizations. The new regulations also changed the way in which these ancestral remains and sacred objects are identified and processed, providing more power to indigenous communities. Museums and federal agencies also have to definitively identify remains and must update their inventories in the next five years.
For more information about NAGPRA, click here.