The Native American Graves Protection and Repatriation Act (P.L. 101-601) was passed into law on November 16, 1990. It provides a legal mechanism for federally recognized Indian Tribes, Alaska Native corporations, and Native Hawaiian organizations to make claims for human remains and certain categories of objects held by museums and other institutions that receive federal funding. The law and its regulations specify five categories of "cultural items": human remains, associated funerary objects, unassociated funerary objects, objects of cultural patrimony, and sacred objects. See National NAGPRA for more information about the law and its regulations.

Human Remains

Human remains refers to the "physical remains of the body of a person of Native American ancestry." The term’s definition was revised in January 2024 to include objects that incorporate human remains, such as hair made into ropes or nets. For the purposes of determining cultural affiliation, 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 (43 CFR. § 10.2(1)).

Associated Funerary Objects

Associated funerary objects are "those funerary objects for which the human remains with which they were placed intentionally are also in the possession or control of the museum or Federal agency. Associated funerary objects also means those funerary objects that were made exclusively for burial purposes or to contain human remains” (43 CFR § 10.2(2)(i)).

Unassociated Funerary Objects  

Unassociated funerary objects are "those funerary objects for which the human remains with which they were placed intentionally are not in the possession or control of the museum or Federal agency. Objects that were displayed with individual 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 (43 CFR §10.2 (2)(ii))

Objects of Cultural Patrimony

Objects of cultural patrimony are "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 the 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" (43 CFR § 10.2(4)).

Sacred Objects

Sacred objects are "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." (43 CFR § 10.2(3))