Native American Graves and Repatriation Act (NAGPRA) Compliance

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Policy Number:
UW-175
Responsible Office:
Office of the Chancellor

University Policy

Rationale/​Purpose:

On November 16, 1990, congress enacted Public Law 101-601; 25 U.S.C. §§ 3001-3013; Native American Graves Protection and Repatriation Act (NAGPRA). The act’s purpose is to protect Native American burial sites on federal, Native American, and Native Hawaiian lands and to mandate the return of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony that are located at institutions who receive federal funds. The corresponding regulations, 43 CFR § 10, provide a process for the return, upon request, of ancestral remains and cultural items to their modern descendants, makes illegal the trafficking of those items, and sets forth procedures for the control of their excavation.

The purpose of this policy is to ensure compliance with NAGPRA on the University of Wisconsin-Madison campus. 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.

Definitions:

Refer to the definitions provided in the Native American Graves and Repatriation Act (25 U.S.C. §§ 3001-3013) and its accompanying regulations (43 CFR § 10), as well as University of Wisconsin System Administrative Policy 645.

Scope:

This policy applies to any individual or campus unit with access to Native American ancestral remains and cultural items, as defined in NAGPRA, that are under the control and/or custody of the University.

Policy:

The university recognizes that its campus units may hold Native American ancestral remains and cultural items that contain important meaning to descendant communities, and/or that may be needed by religious leaders for the performance of present-day, ongoing, religious ceremonies. In support of the purposes, objectives, and spirit of NAGPRA, the university affirms its resolve to abide by and work within the provisions as set forth in the law. As such the university commits to:

  • Compliance with all federal, state, and local laws pertaining to human remains and cultural items.
  • Responsibility for the care and stewardship of Native American ancestral remains and cultural items under its control and/or custody, with the goal of repatriation and disposition upon request.
  1. Institutional Oversight
    1. Institution Representative
      The director of tribal relations and campus NAGPRA coordinator will oversee and ensure compliance with policies relating to NAGPRA and will be the main point of contact with the Universities of Wisconsin relating to NAGPRA compliance.
    2. Unit Representatives
      Unit representatives will be appointed, as needed, by the unit authority (i.e., school, department, program), to perform and oversee unit-related tasks following the NAGPRA process, under the guidance of the campus NAGPRA coordinator.
  2. Consultation
    1. All consultation activity must be executed in a manner consistent with the Regent Policy Document (RPD) 8-2, Tribal Consultation.
    2. The university will strive to resolve questions concerning the disposition and treatment of Native American ancestors and cultural items, including those that are eligible for repatriation through NAGPRA and other means, through consultations between the university and Indian Tribes or Native Hawaiian organizations (“Tribal nations”).
    3. NAGPRA consultations on campus must follow the UW Campus NAGPRA Procedures. These procedures will address the requirements listed in UW System Administrative Policy 645, Native American Graves Protection and Repatriation Act (NAGPRA) Compliance. Deviations from these procedures must be approved, in advance, by the campus NAGPRA coordinator.
    4. Any written agreement must be completed in consultation with the Office of Legal Affairs.
  3. Identification of Ancestral Remains and Cultural Items
    1. All units on campus must maintain a current comprehensive physical inventory to verify the presence or absence of Native American ancestral remains, funerary objects, sacred objects, and objects of cultural patrimony. Scientific investigation of these ancestral remains and items is prohibited, including potential cultural items that have not yet been formally claimed under the provisions of NAGPRA, until determination of non-coverage or tribal consultation is complete. Verification of this inventory (including either an itemized list or a statement of no finding) must be reported to the campus NAGPRA coordinator.
    2. All units must follow the UW Campus NAGPRA Procedures, which:
      1. address identifying and reporting Native American ancestral remains and cultural items in the control, possession, and/or custody of the institution.
      2. address existing collections, new acquisitions, and new discoveries.
      3. will be routinely reviewed and revised as needed by the Institution Representatives.
    3. The university may manage collections for which it does not hold control (“custody”). In these cases, NAGPRA compliance responsibilities are retained by the controlling agency (e.g., federal agency, lending institution) and must be addressed and outlined in accompanying contracts or agreements (e.g., repository agreements, loans). Unit representatives must report these collections to the campus NAGPRA coordinator following the UW Campus NAGPRA Procedures.
  4. Reporting and Acquisition
    1. The university will not knowingly acquire Native American ancestral remains or cultural items without Tribal nation consent. Every effort must be made to adequately evaluate incoming collections prior to acceptance.
    2. All campus units must prepare and submit reports following the UW Campus NAGPRA Procedures.
  5. Care, Storage, and Handling
    1. A duty of care agreement must be discussed, through consultation, and adopted whenever possible for each interested Tribal nation, following the UW Campus NAGPRA Procedures.
    2. Traditional care requirements for the storage and handling of Native American ancestral remains and cultural items must adhere to the preferences of appropriate officials, incorporating and accommodating traditional knowledge, whenever possible and as appropriate. An updated summary of the results of these agreements is in the UW Campus NAGPRA Procedures.
      1. If such a request conflicts with an existing campus policy, or cannot be provided adequately with available resources, every effort must be made to agree to a suitable compromise. If no compromise can be agreed upon, the chancellor (or designee), in consultation with the campus NAGPRA coordinator, will determine an appropriate action.
      2. If adequate space cannot be provided, or renovated to comply, the unit in charge may collaborate with another unit on campus. This may only occur after consultation with appropriate officials.
    3. Contaminates
      Units will make every attempt to identify past treatments performed on Native American ancestral remains and cultural items, take steps to isolate and eliminate exposure to harmful chemicals, and will report all known treatments to appropriate officials once identified, following the UW Campus NAGPRA Procedures.
  6. Record Retention
    1. Documents, Archives, and Images
      1. All units must adhere to appropriate record schedules, the UW Campus NAGPRA Procedures, and any existing written agreements when accessing, sharing, retaining, and disposing of all documents and images produced during NAGPRA compliance and linked to repatriation requests.
      2. Control and disposition of existing documents related to repatriation requests and images of Native American ancestral remains and cultural items, whether created for the purposes of inventory or research, remain the property of the university after repatriation, unless an alternate arrangement has been agreed upon by all parties during consultation.
    2. Records Management
      1. The campus NAGPRA coordinator will manage all NAGPRA documents according to appropriate record schedules.
      2. The campus NAGPRA coordinator will make these documents available to the Office of Tribal Relations and the Universities of Wisconsin NAGPRA Administrator, following the UW Campus NAGPRA Procedures.
  7. Display and Interpretation
    1. No Native American ancestral remains or cultural items, no matter their repatriation status, will be placed on display without unanimous approval from all interested appropriate officials.
    2. If Native American ancestral remains or cultural items are approved for display, appropriate consultation must be performed to guide the final content, including adequately addressing due respect and interpretation.
  8. Access, Loans, and Other Activities
    1. Access to buildings, rooms, or areas of rooms where ancestral remains and cultural items are located must be restricted (including faculty, academic staff, university staff, students, and volunteers). Any person accessing these areas must have completed appropriate training prior to access, under the direction of the campus NAGPRA coordinator.
    2. Access to collections by tribal members, no matter the reason, must be accommodated as quickly as practicable by the unit. If the request (no matter the requestor’s affiliation) includes access to ancestral remains and/or cultural items, the appropriate official(s) (as defined in the NAGPRA regulations) must provide approval, if an existing written agreement is not available.
    3. Native American ancestral remains and cultural items will not be loaned without Tribal nation consent. Potential cultural items that have not yet been formally claimed will not be loaned until a determination of non-coverage is verified through tribal consultation.
    4. Ceremonies and other activities performed in restricted spaces must be accommodated as quickly as practicable by the unit and must follow the UW Campus NAGPRA Procedures.
    5. The university is willing to negotiate stewardship agreements with Tribal nations on a case-by-case basis for Native American ancestral remains and cultural items.
  9. Training

    The campus NAGPRA coordinator will facilitate and monitor appropriate training efforts for all applicable employees.

  10. Consequences of Noncompliance

    Violations of this policy and/or associated policies, protocols, or procedures may be subject to disciplinary action in accordance with institutional policies and procedures. Note that NAGPRA law includes civil and criminal penalties for compliance violations.

Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

Policy Administration

Approval Authority:
Chancellor
Policy Manager:
Campus NAGPRA Coordinator
Contact:
Campus NAGPRA Coordinator -- Liz Leith, EALEITH@WISC.EDU, (608) 890-1823
Director of Tribal Relations -- Carla Vigue, cvigue@wisc.edu, (608) 265-3477
Effective Date:
02-26-2025
Date Issued:
02-26-2025
Retrieved:
04-23-2025 13:39:28