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establishment that receives federal funding or is part of the government itself (e.g. a site in the care of
the NPS).23 For a burial site to be protected it must likewise be on land owned by a federal agency or an
institution that receives federal monies. Beyond these extremely narrowly defined stipulations lies the
need to prove reasonable (as defined by the United States government) cultural affiliation with objects
or sites. Only federally recognized Native tribes can make claims to burials or artifacts under
NAGPRA.24 While this statute is easily met with burials and grave goods that are part of the relatively
recent cultural developments, the issue of stewardship becomes very murky as it stretches deeper into
the past.

The process begins when a museum or federal agency comes into possession or contact with
Native American remains or other culturally significant items listed above. At this point it is the
responsibility of the organization to contact any potential culturally affiliated (and federally
recognized) Native tribes. The organization will then hold a consultation with any notified Native
nation that is interested in pursuing a claim to the items. It is then up to the museum or federal agency
to determine which tribes actually have cultural affiliation. If no affiliation can be determined, the
burden of proof falls to the interested party/ies. Under NAGPRA regulations, to be culturally affiliated
with objects of earlier origin a Native entity must prove: they are a federally recognized Native entity,
show evidence of a distinct earlier group living at the site in question, and evidence of shared group
identity between the modern group and the earlier one.25 If more than one Native nation makes a
NAGPRA claim to the same item/s, the rightful possession is determined by a hierarchical system
beginning with direct lineal descent, then to the Indian tribal landowner of the site. Next priority is
given to the closest culturally affiliated Indian tribe, and lastly to the closest tribe that can show historic
occupation of the area that an object or remains came from (e.g. a tribe that occupied that region before

23 National Park Service, “Frequently Asked Questions.”
24 National Park Service, “National American Graves Protection and Repatriation Act.”
25 National Park Service, Determining Cultural Affiliation Within NAGPRA, last updated September 1, 2013, accessed

February 18, 2016, https://www.nps.gov/nagpra/TRAINING/Cultural_Affiliation.pdf.