Native American Graves Protection and Repatriation Act Policy

Policy number: 10.18

Policy section: Research

Revised Date:

1.  Definitions

Definitions of terms significant to this Policy are set forth in Appendix A.

2.  Policy Statement

  1. It is the policy of the University to comply with the Native American Graves Protection and Repatriation Act of 1990 (25 USC 3001 et seq.) (“NAGPRA”) and its implementing regulations. This policy applies to administration, faculty, staff, and students of the University, Affiliated Personnel using University resources, and research in which the University is engaged. The University will apply the definitions and requirements set forth in the NAGPRA statute and regulations (excerpted in Appendices A and B hereto).
  2. The University strives to treat Native American cultural items, human remains, funerary objects, sacred objects, and objects of cultural patrimony over which it has custody, possession, or control in a respectful and dignified manner and with due care; to consult in good faith with lineal descendants, Indian Tribes, and Native Hawaiian organizations; and to facilitate the repatriation of Native American human remains and cultural items whenever possible.
  3. The University strives to foster respect in all repatriation endeavors through good faith consultation, transparent and comprehensive collaboration, and adherence to the duty of care.
  4. Any University administrator, researcher, faculty, student, and staff member who is, or believes they may be, in possession of Native American human remains and cultural items covered by this policy must notify the Chair of the NAGPRA Governing Committee (see below) as promptly as possible. Notification should be provided in writing so that the Chair can follow up efficiently and thoroughly.
  5. The repatriation of Native American human remains and cultural items must be conducted according to the procedures set forth herein and in compliance with the NAGPRA statute and implementing regulations.

3.  Purpose

NAGPRA, along with its implementing regulations (43 CFR Part 10), is a law enacted by Congress to protect Native American burial sites and to set forth a process for the repatriation of Native American cultural items, human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants, Indian tribes, and Native Hawaiian organizations.

NAGPRA applies to all institutions that receive Federal funds (any museum, university, state agency, or local agency). As a federally funded institution in possession of Native American human remains and cultural items, the University, including 海角直播-in-Taos, is obligated to comply with the requirements of NAGPRA regarding duty of care, consultation, and repatriation.

4.  Applicability

All faculty, students, staff, volunteers, contractors and visitors are expected to comply with University Policies, as applicable.

5.  Requirements

  1. Native American human remains and cultural items must receive a level of care and security commensurate with the standards set forth in NAGPRA. [43 C.F.R. §10.1]
  2. The University will not acquire, borrow, or take possession, custody, or control of any objects covered by NAGPRA, unless the University has completed the NAGPRA process laid out herein and obtained free prior and informed consent [43 C.F.R. §10.1] from impacted Tribe(s).
  3. The University will not research, study, analyze, examine, seek to discover, excavate, or transport Native American human remains and cultural items, unless it obtains free, prior, and informed consent as set forth in Section 5(d). The University will not use Native American human remains and cultural items in museum exhibits or educational programs, or in any manner that would subject such Native American human remains and cultural items to research, study, analysis, examination, discovery, excavation, or transport, unless it obtains free, prior, and informed consent as set forth in Section 5(d).
  4. The University must obtain free, prior, and informed consent from lineal descendants, Tribes, or Native Hawaiian Organizations in order to research, study, analyze, examine, seek to discover, excavate, transport, exhibit, or utilize for educational programs any Native American human remains and cultural items. Informed consent must be obtained and documented in writing by the Chair of the NAGPRA Governing and Advisory Committees, as defined below.
  5. The University may make minimal non-destructive observations of Native American human remains and cultural items as required for NAGPRA compliance only if there is no reasonably available alternative. Every reasonable effort must be taken to avoid interference with Native American human remains and cultural items during such observations. The University will not undertake any observations or tests that require physical destruction of Native American human remains and cultural items, whether in whole or in part.
  6. The University may discover objects covered by NAGPRA in existing collections not listed in previous inventories, summaries, letters, or other submissions to the National NAGPRA Program or to a Federal, state, or local agency. The University will take steps to ensure compliance with NAGPRA for these objects.
  7. Violations of the NAGPRA statute may result in substantial fines to the University (see above). Violations of this policy by any individual, including the failure to avoid a prohibited activity or obtain required approvals, will be dealt with in accordance with applicable University policies and procedures, and may be subjected to civil and criminal proceedings from a Tribe or enforcement agency.

6. Roles and Responsibilities

  1. The NAGPRA Governing Committee is responsible for the oversight and evaluation of the University’s Native American human remains and cultural items; compliance with NAGPRA, with NAGPRA’s implementing regulations, and with other federal and state laws pertaining to Native American human remains and cultural items; management of communications and consultations with lineal descendants, Indian tribes, and Native Hawaiian organizations; and ensuring that the University is complying with the duty of care.
  2. Other than set forth in Section 7, the following shall be members of the NAGPRA Governing Committee:
    1. Representative from the Office of Academic Affairs, to be designated by the Provost
    2. Director of Integrity and Research Compliance in the Office of Research and Innovation
    3. Representative from the Office of Legal Affairs, to be designated by the General Counsel
    4. Chairperson of the Department of Anthropology in the Dedman College of Humanities and Sciences
  3. Other than set forth in Section 7, the following shall be members of the NAGPRA Advisory Committee:
    1. The members of the Governing Committee
    2. Director of the Archaeology Research Collections (ARC)
    3. Director of Archaeological Collections at 海角直播-in-Taos
    4. Director of The Meadows Museum or a designee thereof
    5. Director of the Fort Burgwin Library at 海角直播-in-Taos or a designee thereof
    6. Dean of 海角直播 Libraries or a designee thereof
    7. University Archivist or a designee thereof
    8. Other persons or positions as selected by the NAGPRA Governing Committee on a case-by-case basis
  4. The Director of Integrity and Research Compliance in the Office of Research and Innovation is designated as the Chair of the NAGPRA Governing and Advisory Committees (“Chair”). The Chair serves as the primary contact and liaison at the University for communications and consultations with Native American Tribes and with federal, state, and local agencies (including, but not limited to, the National NAGPRA Program).
  5. The NAGPRA Governing Committee has the authority to suspend or terminate approval of research or of any project or scholarship that results in or proposes the research, study, analysis, examination, discovery, excavation, or transport of Native American cultural items, human remains, funerary objects, sacred objects, and objects of cultural patrimony. [See 43 C.F.R. § 10.1(d)(3)]
  6. The NAGPRA Governing Committee shall determine whether and how to solicit and weigh input from the NAGPRA Advisory Committee regarding any particular NAGPRA issue or inquiry. Final decision-making authority regarding the Native American human remains and cultural items or any NAGPRA matter rests solely with the NAGPRA Governing Committee.
  7. In the event that the NAGPRA Governing Committee cannot resolve a NAGPRA-related question or issue, the Chair shall make the final decision.

7. Conflicts of Interest

  1. In the event of a conflict of interest (including, but not limited to, a matter brought before either Committee that directly involves a faculty member’s field of teaching or research), a member of the NAGPRA Governing and/or Advisory Committees shall not participate in discussions or decision-making processes.
  2. In the instance of a material violation of Section 7(a), the Chair may choose to remove any member(s) from either or both Committee.

8. Designated Email

  1. The University has established a designated email address for communications regarding NAGPRA issues, including but not limited to communications with Tribes and agencies. This address should be included in all NAGPRA-related correspondence: NAGPRA@smu.edu
  2. Responsibility for managing and monitoring the NAGPRA email account shall be the Chair’s in the first instance. At their sole discretion, the Chair may designate one or more other persons to share that responsibility.

Appendix A

Definitions of Terms

The following are excerpted from the definitions set forth in the Federal Regulations governing NAGPRA implementation (43 C.F.R. §10.2 and other sections as noted). Please refer to the full definitions for complete or additional information. []

“Consultation or consult” means the exchange of information, open discussion, and joint deliberations made between all parties in good-faith and in order to:

  1. Seek, discuss, and consider the views of all parties;
  2. Strive for consensus, agreement, or mutually acceptable alternatives; and
  3. Enable meaningful consideration of the Native American traditional knowledge of lineal descendants, Indian Tribes, and Native Hawaiian organizations.

“Cultural affiliation” means there is a reasonable connection between human remains or cultural items and an Indian Tribe or Native Hawaiian organization based on a relationship of shared group identity. Cultural affiliation may be identified clearly by the information available or reasonably by the geographical location or acquisition history of the human remains or cultural items.

“Cultural items” means a funerary object, sacred object, or object of cultural patrimony according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization.

“Custody” means having an obligation to care for the object or item but not a sufficient interest in the object or item to constitute possession or control. 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.

Duty of Care [43 C.F.R. §10.1]

These regulations require a museum, Federal agency, or DHHL [State of Hawai’i Department of Hawaiian Home Lands] to care for, safeguard, and preserve any human remains or cultural items in its custody or in its possession or control. A museum, Federal agency, or DHHL must:

  1. Consult with lineal descendants, Indian Tribes, or Native Hawaiian organizations on the appropriate storage, treatment, or handling of human remains or cultural items;
  2. Make a reasonable and good-faith effort to incorporate and accommodate the Native American traditional knowledge of lineal descendants, Indian Tribes, or Native Hawaiian organizations in the storage, treatment, or handling of human remains or cultural items; and
  3. Obtain free, prior, and informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations prior to allowing any exhibition of, access to, or research on human remains or cultural items. Research includes, but is not limited to, any study, analysis, examination, or other means of acquiring or preserving information about human remains or cultural items. Research of any kind on human remains or cultural items is not required by the Act or these regulations.

“Funerary object” means any object reasonably believed to have been placed intentionally with or near human remains. A funerary object is any object connected, either at the time of death or later, to a death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. This term does not include any object returned or distributed to living persons according to traditional custom after a death rite or ceremony. Funerary objects are either associated funerary objects or unassociated funerary objects.

  1. “Associated funerary object” means any funerary object related to human remains that were removed and the location of the human remains is known. Any object made exclusively for burial purposes or to contain human remains is always an associated funerary object regardless of the physical location or existence of any related human remains.
  2. “Unassociated funerary object” means any funerary object that is not an associated funerary object and is identified by a preponderance of the evidence as one or more of the following:
    1. Related to human remains but the human remains were not removed, or the location of the human remains is unknown,
    2. Related to specific individuals or families,
    3. Removed from a specific burial site of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization, or
    4. Removed from a specific area where a burial site of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization is known to have existed, but the burial site is no longer extant.

“Inventory” means a simple itemized list of any human remains and associated funerary objects in a holding or collection that incorporates the results of consultation and makes determinations about cultural affiliation.

“Museum” means any institution or State or local government agency (including any institution of higher learning) that has possession or control of human remains or cultural items and receives Federal funds. The term does not include the Smithsonian Institution.

“Object of cultural patrimony” means an object that has ongoing historical, traditional, or cultural importance central to a Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization. An object of cultural patrimony may have been entrusted to a caretaker, along with the authority to confer that responsibility to another caretaker. The object must be reasonably identified as being of such importance central to the group that it:

  1. Cannot or could not be alienated, appropriated, or conveyed by any person, including its caretaker, regardless of whether the person is a member of the group, and
  2. Must have been considered inalienable by the group at the time the object was separated from the group.

“Possession or control” means having a sufficient interest in an object or item to independently direct, manage, oversee, or restrict the use of the object or item. A museum or Federal agency 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.

“Sacred object” means a specific ceremonial object needed by a traditional religious leader for present-day adherents to practice traditional Native American religion, according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. While many items might be imbued with sacredness in a culture, this term is specifically limited to an object needed for the observance or renewal of a Native American religious ceremony.

“Summary” means a written description of a holding or collection that may contain an unassociated funerary object, sacred object, or object of cultural patrimony.

Appendix B

Penalties

The following are excerpted from the Federal Regulations and from Title 18 governing civil and criminal penalties for failure to comply with NAGPRA. Please refer to the full definitions for complete or additional information.

Civil Penalties [43 C.F.R. §10.11]

Any museum that fails to comply with the requirements of the Act or this subpart may be assessed a civil penalty by the Assistant Secretary. This section does not apply to Federal agencies, but a Federal agency's failure to comply with the requirements of the Act or this part may be subject to other remedies under Federal law. Each instance of failure to comply constitutes a separate violation. The Assistant Secretary must serve the museum with a written notice of failure to comply under paragraph (d) of this section or a notice of assessment under paragraph (g) of this section by personal delivery with proof of delivery date, certified mail with return receipt, or private delivery service with proof of delivery date.

Criminal Penalties [18 U.S.C. §1170]

  1. Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be fined in accordance with this title, or imprisoned not more than 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 years, or both.
  2. Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be fined in accordance with this title, imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 10 years, or both.

Appendix C

Additional Requirements and Related Policies and Documents

University Policy 10.1 (Sponsored Research and Activities)

Adopted: April 20, 2026

The official University Policy Manual is housed in the Office of the University Secretary. The University Secretary is responsible for maintaining new and updated policies and for maintaining this website. Should the official University Policy Manual conflict with any internal policies, procedures, departmental administrative rules, or guidelines, that may be contained in manuals provided by schools, departments, or divisions within the University, the official University Policy Manual controls.