Echoes from the Earth: The Unfinished Journey of Repatriation Under NAGPRA
In the hushed halls of museums and the sterile archives of academic institutions across the United States, countless items bear witness to a painful chapter of American history: the systematic appropriation of Native American cultural heritage. For centuries, ancestral remains, sacred objects, and items of profound cultural patrimony were removed from their rightful owners, often through violence, desecration, or unethical acquisition, finding their way into collections far removed from the communities they represented. This historical injustice, a lingering wound from the era of colonialism and conquest, began to see a measure of redress with the passage of a landmark piece of legislation: the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990.
NAGPRA, a federal law, marked a pivotal shift in the relationship between the U.S. government, its institutions, and Indigenous peoples. It recognized the sovereign rights of Native American tribes and Native Hawaiian organizations to their ancestral dead and cultural items, mandating that federal agencies and museums receiving federal funds inventory their collections and, upon request, repatriate these items. More than just a legal framework, NAGPRA ignited a complex, often emotionally charged, and ongoing journey of healing, reconciliation, and cultural revitalization.
Before NAGPRA, the collecting practices were often shockingly disregardful of Indigenous rights and beliefs. Archaeologists and anthropologists, driven by scientific curiosity and a prevailing colonial mindset, excavated thousands of ancestral burial sites, viewing human remains and associated grave goods as mere specimens for study. Looters, motivated by profit, plundered sacred spaces. These collections, amassed over generations, represented not just objects, but stolen identities, disrupted spiritual practices, and a profound disrespect for the dead. The renowned Smithsonian Institution, for instance, held an estimated 18,600 Native American human remains prior to NAGPRA, a stark testament to the scale of acquisition.
The genesis of NAGPRA was rooted in decades of persistent advocacy by Native American leaders and activists who demanded respect for their ancestors and the return of their cultural heritage. They argued that these items were not static historical artifacts but living components of their cultures, imbued with spiritual significance and essential for the continuity of their traditions. The law’s passage was a hard-won victory, reflecting a growing national consciousness about historical injustices and the imperative of Indigenous sovereignty.
At its core, NAGPRA identifies four main categories of items subject to repatriation:
- Human Remains: The physical remains of Native American individuals.
- Associated Funerary Objects: Items placed with human remains as part of death rites or ceremonies.
- Sacred Objects: Items needed by Native American religious leaders for the practice of traditional Native American religions.
- Objects of Cultural Patrimony: Items with ongoing historical, traditional, or cultural importance central to the Native American group itself, rather than to an individual, and which cannot be alienated by an individual.
The process mandated by NAGPRA is intricate. Federal agencies and museums must compile summaries of unassociated funerary objects, sacred objects, and objects of cultural patrimony, and detailed inventories of human remains and associated funerary objects. These inventories and summaries are then made available to lineal descendants, culturally affiliated Native American tribes, and Native Hawaiian organizations. Once a claim is made and cultural affiliation is established, the institution is required to repatriate the items.
"These items are not just artifacts; they are our relatives, our teachers, and our spirit," asserts Shannon O’Loughlin, a citizen of the Choctaw Nation of Oklahoma and the CEO of the Association on American Indian Affairs. "NAGPRA is about correcting a historical wrong, but more importantly, it’s about restoring balance and enabling cultural continuity for our communities."
Since its enactment, NAGPRA has facilitated the return of hundreds of thousands of items. As of 2021, the National NAGPRA program reported that over 200,000 Native American human remains and 1.6 million associated funerary objects had been repatriated or are currently in the process of being returned. These numbers, while significant, only tell part of the story, as the emotional and spiritual impact on recipient communities is immeasurable. The return of ancestral remains allows for proper reburial, bringing peace to both the living and the dead. The reintroduction of sacred objects and items of cultural patrimony can reignite ceremonies, revive languages, and strengthen cultural identities.
However, the journey of repatriation under NAGPRA has been far from smooth, riddled with challenges and controversies. One of the most persistent hurdles has been the issue of "culturally unidentifiable" human remains. These are remains for which no specific tribal affiliation can be determined based on available evidence. For years, many institutions retained these remains, arguing that without a clear claimant, they could not repatriate them. This stance was deeply problematic for many tribes, who believe that all Native American remains, regardless of specific tribal identity, should be treated with respect and returned to Indigenous stewardship.
"The concept of ‘culturally unidentifiable’ often served as a loophole, allowing institutions to delay or avoid repatriation," explains Dr. Sarah E. Miller, an anthropologist specializing in museum ethics. "It highlighted a fundamental disconnect: institutions often prioritize scientific certainty, while tribes emphasize a broader spiritual and communal responsibility for all ancestors." Recent amendments and policy guidance have pushed institutions to consult more broadly with tribes in the geographic area from which the remains were removed, significantly increasing the number of "unidentifiable" remains being repatriated.
Another significant challenge lies in the sheer scale of the task. Many institutions, particularly smaller museums or universities, struggle with the financial and human resources required to conduct thorough inventories, engage in extensive consultations, and manage the logistics of repatriation. Furthermore, the provenance of many items is poorly documented, making it difficult to trace their origin and identify the appropriate claimant tribe.
Perhaps the most famous and contentious case to test the boundaries of NAGPRA was that of the "Ancient One," also known as Kennewick Man. Discovered in 1996 in Washington state, the nearly complete skeleton, initially dated to over 9,000 years old, became the subject of a prolonged legal battle between scientists who sought to study the remains and a coalition of Columbia River Basin tribes who claimed him as their ancestor. The case highlighted the tension between scientific inquiry and Indigenous spiritual rights. After decades of legal wrangling and scientific studies that eventually confirmed a close genetic relationship to modern Native Americans, the Ancient One was finally repatriated to the Umatilla, Yakama, Nez Perce, Colville, and Wanapum tribes in 2017, underscoring the enduring power of Indigenous claims under NAGPRA.
Beyond the legal and logistical complexities, NAGPRA has catalyzed a profound shift in the philosophical underpinnings of museum practice and heritage management. It has forced institutions to confront their colonial legacies and re-evaluate their relationships with Indigenous communities. What began as a legal compliance exercise has, in many cases, evolved into genuine partnerships, fostering mutual respect and collaboration. Museums are increasingly working with tribes on exhibition development, cultural programming, and even co-curation, recognizing Indigenous knowledge as vital and authoritative.
"NAGPRA didn’t just give us a legal tool; it gave us a platform to demand a seat at the table," says Robert DesJarlait, a prominent Anishinaabe artist and cultural worker. "It’s about decolonizing the museum space, recognizing that these objects are not just dead history but living parts of our identity, our future."
The impact extends beyond mere returns. The process of repatriation has spurred cultural revitalization within Native communities. As items return, elders can teach younger generations about their significance, reviving traditional knowledge, ceremonies, and languages that were suppressed or nearly lost. It reinforces a sense of pride, identity, and continuity for peoples who have endured immense historical trauma.
Looking ahead, the work of NAGPRA is far from complete. Thousands of human remains and cultural objects remain in institutional collections, awaiting identification and repatriation. The challenges of funding, research, and navigating complex tribal histories persist. Moreover, the spirit of NAGPRA is beginning to influence international conversations about the restitution of cultural heritage, with calls for similar frameworks to address items taken from Indigenous communities globally, drawing inspiration from the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
NAGPRA stands as a powerful testament to the resilience of Native American cultures and the ongoing struggle for justice and self-determination. It is a journey of healing, not just for the repatriated ancestors and objects, but for the living communities whose spirits are rekindled by their return. As the echoes of ancient voices reverberate through museum halls and across tribal lands, NAGPRA continues to guide the path towards a more equitable and respectful future, one where the earth’s original inhabitants can reclaim not just their past, but also the vibrant continuity of their cultural soul.
