{"id":1083,"date":"2026-01-16T10:24:41","date_gmt":"2026-01-16T16:24:41","guid":{"rendered":"https:\/\/uwm.edu\/policy\/?post_type=library&p=1083"},"modified":"2026-03-16T14:37:11","modified_gmt":"2026-03-16T19:37:11","slug":"native-american-graves-protection-and-repatriation-act-nagpra-compliance","status":"publish","type":"library","link":"https:\/\/uwm.edu\/policy\/library\/native-american-graves-protection-and-repatriation-act-nagpra-compliance\/","title":{"rendered":"Native American Graves Protection and Repatriation Act (NAGPRA) Compliance"},"content":{"rendered":"\n
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Purpose<\/h2>\n<\/div>\n\n\n\n
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The purpose of this policy is to establish minimum standards for compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) at the University of Wisconsin-Milwaukee. This policy does not supersede any stricter standards set by individual units or applicable law. In the event of a conflict with state or federal law, the law must control. <\/p>\n<\/div>\n<\/div>\n\n\n\n

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Scope<\/h2>\n<\/div>\n\n\n\n
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This policy applies to cultural items subject to and as defined in NAGPRA<\/a> (human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony) that are in the University\u2019s physical custody or under the University\u2019s control. <\/p>\n<\/div>\n<\/div>\n\n\n\n

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Definitions<\/h2>\n<\/div>\n\n\n\n
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This policy uses terms defined in NAGPRA. These legal definitions are repeated below for convenience; however, in the event these legal definitions are updated, the definitions set forth under applicable law and regulations shall\u202fcontrol. The laws, regulations, and defined terms are referring to the\u202fancestors\u202fand cultural heritage of modern-day\u202fNative American\u202fand Native Hawaiian peoples, and the terms themselves may not reflect that as clearly as more current preferred phrasings. The terms are incorporated in this policy for legal precision, and no disrespect is intended in their use. Other terms included below are defined for the purposes of this policy and may have different meanings when used in other settings. <\/p>\n\n\n\n

Accession\u202f\/\u202fAccessioning:<\/strong>\u202fThe formal and legal documentation of an incoming repository transaction, including a gift, purchase, exchange, transfer, or field\u202fcollection. Also includes establishment of legal title and\/or custody [National Park Service (NPS) Managing Archeological Collections Glossary<\/a>]. <\/p>\n\n\n\n

Acquisition\u202f\/\u202fAcquisitioning<\/strong>: A process to obtain custody of an\u202fobject, document, or\u202fcollection\u202fthat involves physical transfer [NPS Glossary<\/a>]. <\/p>\n\n\n\n

Ancestors\u202f\/\u202fAncestral Remains<\/strong>: See\u202fHuman Remains<\/a><\/strong>.\u00a0<\/p>\n\n\n\n

Authorized Tribal Representative:\u202f<\/strong>A Tribal member who has official authority from their current government to discuss and make decisions about\u202fcultural items\u202fand\u202frepatriation\u202fon behalf of the Tribe. This role is often fulfilled by Tribal Historic Preservation Officers (THPO) or NAGPRA Representatives but can be individuals with other position titles. <\/p>\n\n\n\n

Burial site:<\/strong> any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited [25 U.S.C. \u00a7 3001(1)<\/a>]. <\/p>\n\n\n\n

Collection:\u202f<\/strong>\u202fMaterial remains that are excavated or removed during a survey, excavation or other study of a prehistoric or historic resource, and associated records that are prepared or assembled in connection with the survey, excavation or other study [36 CFR 79,\u202fCuration of Federally-Owned and Administered Archeological Collections<\/em><\/a>]. <\/p>\n\n\n\n

Consultation:<\/strong>\u202fA process involving the exchange of information, open discussion, and joint deliberations with respect to potential issues, changes, or actions by all interested parties [HR 101-877]. In NAGPRA practice, this can include both scheduled, formal\u202fconsultation\u202fsessions and informal communications between authorized representatives. This definition includes consultations mandated by NAGPRA, [25 U.S.C. \u00a7 3004-3005<\/a>] and by state law or Regent Policy. <\/p>\n\n\n\n

Control:<\/strong>\u202fHaving a legal interest in\u202fhuman remains,\u202ffunerary objects,\u202fsacred objects, or\u202fobjects of cultural patrimony\u202fsufficient to lawfully permit the\u202fmuseum\u202for Federal agency to treat the objects as part of its\u202fcollection\u202ffor purposes of NAGPRA whether or not those objects are in the physical custody of the\u202fUniversity. Generally, a\u202fmuseum\u202for Federal agency that has loaned\u202fhuman remains,\u202ffunerary objects,\u202fsacred objects, or\u202fobjects of cultural patrimony\u202fto another individual,\u202fmuseum\u202for Federal agency is considered to retain\u202fcontrol\u202fof those\u202fhuman remains,\u202ffunerary objects,\u202fsacred objects, or\u202fobjects of cultural patrimony\u202ffor purposes of these regulations [43 CFR 10.2 (a)(3)(ii)<\/a>]. <\/p>\n\n\n\n

Cultural Affiliation<\/strong>: A relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe organization and an identifiable earlier group [25 U.S.C. \u00a7 3001(2)<\/a>]. <\/p>\n\n\n\n

Cultural Items:<\/strong>\u202fAs defined in NAGPRA,\u202fcultural items\u202finclude\u202fhuman remains\u202fand: <\/p>\n\n\n\n

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  1. Associated Funerary Objects<\/strong>: Objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual\u202fhuman remains\u202feither at the time of death or later, and both the\u202fhuman remains\u202fand\u202fassociated funerary objects\u202fare presently in the\u202fpossession\u202for\u202fcontrol\u202fof a\u202fmuseum\u202for Federal agency [25 U.S.C. \u00a7 3001(3)(A)<\/a>]. <\/li>\n\n\n\n
  2. Unassociated Funerary Objects<\/strong>: Objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual\u202fhuman remains\u202feither at the time of death or later, where the remains are not in the\u202fpossession\u202for\u202fcontrol\u202fof the Federal agency or\u202fmuseum\u202fand the objects can be identified by a preponderance of the evidence as related to specific individuals or families or to known\u202fhuman remains\u202for, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular\u202fIndian tribe [25 U.S.C. \u00a7 3001(3)(B)<\/a>]. <\/li>\n\n\n\n
  3. Sacred Objects<\/strong>: UW System Policy defines sacred objects as specific ceremonial objects which are needed by traditional Native American\u202freligious leaders for the practice of traditional Native American\u202freligions by their present-day adherents [25 U.S.C. \u00a7 3001(3)(C)<\/a>]. \u202fAt 51ÁÔÆæ we further this definition to include specific objects that may be used in Native American ceremony, either historically and\/or contemporarily, which hold a high value for the practitioners.\u202f <\/li>\n\n\n\n
  4. Objects of Cultural Patrimony<\/strong>: An\u202fobject\u202fhaving ongoing historical traditional, or cultural importance central to the\u202fNative American\u202fgroup or culture itself, rather than property owned by an individual\u202fNative American, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether or not the individual is a member of the\u202fIndian tribe\u202f and such\u202fobject\u202fshall have been considered inalienable by such\u202fNative American\u202fgroup at the time the\u202fobject\u202fwas separated from such group [25 U.S.C. \u00a7 3001(3)(D)<\/a>]. <\/li>\n<\/ol>\n\n\n\n

    Funerary Objects:<\/strong>\u202fItems 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\u202fhuman remains.\u202fFunerary objects\u202fmust be identified by a preponderance of the evidence as having been removed from a specific burial site of an individual affiliated with a particular\u202fIndian tribe\u202f or as being related to specific individuals or families or to known\u202fhuman 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\u202fhuman remains\u202fwere deposited, and includes rock cairns or pyres which do not fall within the ordinary definition of gravesite [43 CFR 10.2 (d)(2)<\/a>]. <\/p>\n\n\n\n

    Human Remains\u202f(Ancestors\u202f): <\/strong>The physical remains of the body of a person of\u202fNative American\u202fancestry. This phrase 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 mats, ropes, or nets). For the purposes of determining cultural affiliation,\u202fhuman remains\u202fincorporated into a funerary\u202fobject, sacred\u202fobject, or\u202fobject\u202fof cultural patrimony must be considered as part of that item [43 CFR 10.2<\/a>]. <\/p>\n\n\n\n

    Indian Tribe:<\/strong>\u202fAny tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians [25 U.S.C. \u00a7 3001(7)<\/a>]. For purposes of this policy, \u201cIndian Tribe\u201d shall also include Native Hawaiian organizations. <\/p>\n\n\n\n

    Institution Representative:<\/strong>\u202fThe entity (faculty, academic staff, or university staff) who has the authority to act and make decisions related to NAGPRA on behalf of the University\u202f(see\u202fMuseum Official<\/a><\/strong>). This person may or may not also serve dually as a\u202fUnit Representative.\u00a0<\/p>\n\n\n\n

    Lineal Descendant:\u202f<\/strong>Any individual tracing their ancestry directly and without interruption by means of the traditional kinship system of the appropriate\u202fIndian tribe\u202f or by the common law system of descendance to a known\u202fNative American\u202findividual whose remains,\u202ffunerary objects, or\u202fsacred objects\u202fare being claimed under these regulations [i.e., NAGPRA] [43 CFR 10.2<\/a>]. <\/p>\n\n\n\n

    Museum: <\/strong>Any\u202finstitution\u202for State or local government agency (including any\u202finstitution\u202fof higher learning) that receives Federal funds and has\u202fpossession\u202fof, or\u202fcontrol\u202fover,\u202fNative American\u202fcultural items [25 U.S.C. \u00a7 3001(8)<\/a>]. <\/p>\n\n\n\n

    Museum official:<\/strong>\u202fThe official within a\u202fmuseum\u202fdesignated as being responsible for matters relating to NAGPRA [43 CFR 10.2 (a)(4)<\/a>]. <\/p>\n\n\n\n

    NAGPRA<\/strong>: The Native American Graves and Repatriation Act as set forth in 25 USC Chapter 32<\/a> and 43 CFR Part 10<\/a>.\u00a0<\/p>\n\n\n\n

    Native American:<\/strong>\u202fOf, or relating to, a tribe, nation, people, or culture that is indigenous to the United States [25 U.S.C. \u00a7 3001(9)<\/a>,\u202f43 CFR 10.2 (d)<\/a>]. <\/p>\n\n\n\n

    Object:\u202f<\/strong>A collective term to include any individual item, biological or non-biological, in a\u202fcollection. This includes simple items (bone), composite items (a kachina doll, made of many different parts and materials), and can also refer to associated\u202fcollection\u202fmaterials (like archives). This term encompasses traditional\u202fcollection\u202fterms like \u201cartifact,\u201d \u201cmaterial\u201d and \u201cspecimen.\u201d <\/p>\n\n\n\n

    Possession or control:<\/strong>\u202fHaving a sufficient interest in an object or item to independently direct, manage, oversee, or restrict the use of the object or item. An institution may have possession or control regardless of the physical location of the object or item. In general, custody through a loan, lease, license, bailment, or other similar arrangement is not a sufficient interest to constitute possession or control, which resides with the loaning, leasing, licensing, bailing, or otherwise transferring museum or Federal agency [43 CFR 10.2<\/a>]. <\/p>\n\n\n\n

    Repatriate\u202f(\u202fRepatriation\u202f):\u202f<\/strong>To transfer physical custody of and legal interest in (return of\u202fpossession\u202for\u202fcontrol\u202fof)\u202fNative American\u202fcultural items\u202fto lineal descendants, culturally affiliated Indian tribes[25 U.S.C. \u00a7 3005, 25 U.S.C. s 3009<\/a>, 43 CFR 10.2<\/a>] <\/p>\n\n\n\n

    Tribal Nation:<\/strong>\u202fSee\u202fIndian tribe<\/strong>. <\/p>\n\n\n\n

    Unit Representative:<\/strong>\u202fAny entity (faculty, academic staff, or university staff) who is actively involved in NAGPRA-related activities and has the authority to make NAGPRA-related decisions on behalf of their unit at the\u202fUniversity in any way (see\u202fMuseum Official<\/a>\u202f<\/strong>). This entity must typically defer some decisions to the\u202fInstitution Representative.\u00a0<\/p>\n\n\n\n

    University: <\/strong>The University of Wisconsin-Milwaukee. <\/p>\n\n\n\n

    Wisconsin Tribes:<\/strong>\u202f\u201cAmerican Indian Tribal governments in Wisconsin\u201d [RPD 8-2,\u202fTribal Consultation<\/em><\/a>]. <\/p>\n<\/div>\n<\/div>\n\n\n\n

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    Policy<\/h2>\n<\/div>\n\n\n\n
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    I. Institutional Oversight<\/h3>\n\n\n\n

    The University is committed to compliance with all federal, state, and local laws pertaining to human remains and cultural items. <\/p>\n\n\n\n

    The University\u2019s Chancellor shall designate an Institution Representative to oversee and ensure institutional NAGPRA compliance and to serve as the main point of contact with the Universities of Wisconsin for NAGPRA-related issues. The Institution Representative will also oversee the NAGPRA-related efforts of the University\u2019s Unit Representatives. <\/p>\n\n\n\n

    II. Consultation<\/h3>\n\n\n\n

    All requirements below shall be executed in a manner consistent with the Regent Policy 8-2, Tribal Consultation<\/a>.\u00a0<\/p>\n\n\n\n

    The University will strive to resolve questions or issues concerning treatment and disposition\/repatriation of human remains\/ancestors and cultural items through consultation with Tribal nations. <\/p>\n\n\n\n

    The University will supply relevant, information concerning NAGPRA-eligible collections as requested by Authorized Tribal Representatives. If the requested information will require significant time to compile, the Unit Representative will provide an estimated time frame for completion and report all responsive activities to the Institution Representative. <\/p>\n\n\n\n

    The University will make available clear instructions and contact information to Tribal nations, outlining its process for requesting a consultation. <\/p>\n\n\n\n

    The University will accommodate consultation with an Authorized Tribal Representative in a manner of their choosing whenever practicable. All consultation sessions must be proctored by either the Institution Representative or the Universities of Wisconsin NAGPRA Director. <\/p>\n\n\n\n

    The University will consult as needed with Tribal nations to negotiate and approve practices for addressing information that meet the needs of the Universities of Wisconsin, the University, and the Tribal nations during the NAGPRA process, subject to applicable law. Some topics to address could include: <\/p>\n\n\n\n