Native American Graves Protection and Repatriation Act (NAGPRA) Compliance

Original Issuance Date: October 21, 2023
Last Revision Date: February 23, 2026

1. Policy Purpose

The purpose of this policy is to establish minimum standards for compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) (Public Law 101-601) throughout the University of Wisconsin (UW) System. This policy does not supersede any stricter standards set by the Institution and state or federal law. In the event of a conflict with state or federal law, the law must control.

2. Responsible UW System Officer

The President of the University of Wisconsin System. The Tribal Liaison will serve as the representative for the President.

3. Scope and Institutional Responsibilities

This policy applies to all UW Institutions. Institutions must adopt their own policies by December 15, 2026, using this System Administrative policy as the minimum standard. Each Institution may also elect to develop its own procedures and/or guidance to support compliance with this policy.

The scope is limited to Human Remains (Ancestors) and Cultural Items subject to and as defined in NAGPRA [25 U.S.C. § 3001(3)] (human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony) that are under control or custody of the Institution or are being reviewed for acquisition or accessioning.

Nothing in this policy may be read or interpreted to conflict with the Wisconsin Public Records Law.

4. Background

As stated by the National Park Service (NPS): “Since 1990, Federal law has provided for the protection and return of certain Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony. By enacting NAGPRA, Congress recognized that human remains of any ancestry ‘must at all times be treated with dignity and respect’…. With this law, Congress sought to encourage a continuing dialogue between museums and Indian Tribes and Native Hawaiian organizations and to promote a greater understanding between the groups while at the same time recognizing the important function museums serve in society by preserving the past” [NPS NAGPRA Home page].

UW Institutions qualify as “museums” under NAGPRA and therefore must adhere to the requirements of that law, as administered by the NPS National NAGPRA Program. The following policy reflects the UW System’s commitment to complying with both the letter and the spirit of the law, and to coordinating this work with Regent Policy Document (RPD) 8-2, Tribal Consultation.

5. Definitions

This policy uses terms defined in NAGPRA and the implementing regulations (for convenience, a list of legal definitions relevant to this policy are provided below. The UW System recognizes that the laws, regulations, and defined terms are referring to the ancestors and cultural heritage of modern-day Native American and 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.

A. Legal Terms

Please refer to the Act (25 U.S.C. § 3001) and its implementing regulations (43 CFR 10.2) for legal definitions of the following terms:

Consultation or Consult
Cultural Affiliation
Cultural Items
Custody
Funerary Object
Associated Funerary Object
Unassociated Funerary Object
Holding or Collection
Human Remains
Indian Tribe
Lineal Descendant
Museum
Native American
Object of Cultural Patrimony
Possession or Control
Repatriation
Right of Possession
Sacred Object

B. Other Terms

Accession/Accessioning: The formal and legal documentation of an incoming repository transaction, including a gift, purchase, exchange, transfer, or field collection. Also includes establishment of legal title and/or custody.

Acquisition: A process to obtain custody or control of an object, document, or holding that involves physical transfer (see Custody and Possession or Control in 43 CFR 10.2).

Ancestors: Refers to the ancestral Native American remains as defined under NAGPRA regulations (see Human Remains in 43 CFR 10.2).

Authorized Tribal Representative: A person who has official authority from a Tribal government to discuss and make decisions about ancestors, Cultural Items, and repatriation on 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.

Current Trained Status: A status that can be earned by completing minimum training requirements as outlined by this policy and resources developed and provided under the direction and approval of the Universities of Wisconsin NAGPRA Advisory Committee.

Institution: Any of the following: UW-Eau Claire; UW-Green Bay; UW-La Crosse; UW-Madison; UW-Milwaukee; UW-Oshkosh; UW-Parkside; UW-Platteville; UW-River Falls; UW-Stevens Point; UW-Stout; UW-Superior; UW-Whitewater; any branch campuses/additional locations; and UW System Administration.

Institution Representative: Any employee (faculty, academic staff, or university staff) who has the authority to act and make decisions related to NAGPRA on behalf of their Institution. This person may or may not also serve dually as a Unit Representative.

NAGPRA-eligible: Describes any objects, human remains (ancestors), or holdings which are subject to NAGPRA or the implementing regulations.

Object: A collective term to include any individual item, biological or non-biological, in a holding. This includes simple items (bone), composite items (a kachina doll, made of many different parts and materials), and can also refer to associated holding materials (like archives). This term encompasses traditional collections-related terms such as “artifact,” “material” and “specimen.”

Tribal Nation (Tribe): “Any 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. § 3001(7)].

Unit Representative: Any employee (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 Institution, in any way. Usually, this person must defer some decisions to the Institution Representative.

6. Policy Statement

A. UW System

The UW System adopts the following policy on NAGPRA compliance.

UW System Oversight
1. UW System will serve as the primary point of communication to the Board of Regents concerning NAGPRA compliance activities.
2. UW System will designate a UW System NAGPRA Director, who will serve as the point of contact for Institution Representatives and whose responsibilities will include, at minimum:
  - On an annual basis, identify the full scope of NAGPRA issues across all Institutions;
  - Provide to the Board of Regents, with a copy to the Wisconsin Inter-Tribal Repatriation Committee (WITRC) and any requesting Tribal Nations, an annual update on Institution NAGPRA activities;
  - Assist with Institution-to-Institution collaboration regarding NAGPRA efforts, including tribal consultation;
  - Ensure consistent reporting across the UW System to the National NAGPRA Office;
  - Maintain and make available UW System-wide resources and documentation relating to NAGPRA compliance; and
  - Ensure documentation is consistent with confidentiality provisions in federal and state law, and protective of sensitive information.
3. UW System will sponsor a Universities of Wisconsin NAGPRA Advisory Committee. This committee will meet twice a year, with additional meetings as necessary, to provide oversight and guidance on Institutional NAGPRA compliance activities and specific matters as requested by the UW System NAGPRA Director. This advisory committee will include, at minimum:
  - The UW System NAGPRA Director;
  - Members selected from the Institution Representatives;
  - Members selected from the UW System Office of Policy Analysis & Research, the Office of Legal Counsel, and/or other UW System offices as deemed appropriate;
  - The UW System Tribal Liaison; and
  - Authorized Tribal Representatives who are members of WITRC. Inclusion of WITRC members will help fulfill the commitment made in RPD 8-2, Tribal Consultation to developing “strong, collaborative relationships with the sovereign American Indian Tribes in Wisconsin.”
Consultation
1. The UW System NAGPRA Director will facilitate formal NAGPRA-related consultation with Tribal Nations and the National NAGPRA Office as needed and will coordinate those efforts with the UW System Tribal Liaison to ensure compatibility with activities conducted under RPD 8-2, Tribal Consultation.
2. The UW System NAGPRA Director will provide an update on NAGPRA compliance activities for the annual tribal consultation meeting held under RPD 8-2, Tribal Consultation.
3. The UW System will maintain a webpage for NAGPRA compliance that includes, at minimum:
  - Current contact information for the UW System NAGPRA Director;
  - Current contact information for each Institution Representative;
  - A process by which Tribal Nations can submit NAGPRA-related questions or claims;
  - Links to Institution NAGPRA-related web pages; and
  - Material that is consistent with confidentiality provisions in federal and state law, and protective of sensitive information.
Training
1. The UW System will develop and provide resources to all Institutions for training relating to NAGPRA compliance, under the direction and approval of the advisory committee.
2. The UW System NAGPRA Director will provide updates to Institution Representatives as necessary regarding federal changes or updates to NAGPRA regulations or policies.
Documentation

The UW System will maintain copies of all NAGPRA compliance activities in a centralized location and in compliance with Regent Policy Document 3-2, Public Records Management.

B. UW Institutions

Each Institution must adopt a policy on NAGPRA compliance that includes, at minimum, all applicable components outlined below.

I. Institutional Oversight

1. Each Institution must name an Institution Representative to oversee and ensure compliance with UW System and Institution-specific policies related to NAGPRA, and to serve as the main point of contact with UW System for NAGPRA-related issues. The Institution Representative will also oversee the NAGPRA-related efforts of that Institution’s Unit Representatives.
2. Each Institution must clearly commit to compliance with all federal, state, and local laws pertaining to Human Remains (Ancestors) and Cultural Items.

II. Consultation

All requirements below shall be executed in a manner consistent with RPD 8-2, Tribal Consultation.

1. Each Institution must strive to resolve questions or issues concerning treatment and disposition/repatriation of Human Remains (Ancestors) and Cultural Items through consultation with Tribal Nations.
2. Each Institution must supply relevant information concerning holdings likely subject to NAGPRA as requested by an Authorized Tribal Representative. If the requested information will require some time to compile, the Unit Representative will provide an estimated time frame for completion and report all responsive activities to the Institution Representative.
3. Each Institution must make available clear instructions and contact information to Tribal Nations, outlining its process for requesting consultation under NAGPRA.
4. Each Institution must accommodate consultation with an Authorized Tribal Representative in a manner of their choosing whenever practicable. All formal consultation sessions must be proctored by either the Institution Representative or the UW System NAGPRA Director.
5. Each Institution must consult as needed with Tribal Nations to negotiate and approve practices for addressing information that meet the needs of the UW System, the Institution, and the Tribal Nations during the NAGPRA process, subject to applicable law. Some topics to address could include:
  - Traditional care practices and preferences, storage requirements (including rehousing, if requested), handling, and access;
  - The specific holding and/or objects of concern, and subjects or types of information that are considered confidential;
  - Recording preferences or restrictions before, during, and after consultation sessions, including note taking and use of recording devices (including cameras); and
  - Information allowed to be made available to tribal members, Institution staff, researchers, government officials, the press, or members of the public who submit a request for information.
6. Each Institution shall endeavor to collaborate with other Institutions to combine formal consultation sessions at the request of Authorized Tribal Representatives.
7. Each Institution Representative must maintain a standard record of all planned formal NAGPRA consultation sessions and report them to the UW System NAGPRA Director in advance (see Reporting Obligations below).

III. Identification of Human Remains (Ancestors) and Cultural Items

1. Each Institution must develop a strategic plan and appropriate protocols for identifying and reporting NAGPRA-eligible Human Remains (Ancestors) and Cultural Items in the custody or control of the Institution. The plan and protocols must address identification of such items in any existing holding, new acquisition, and new discoveries, and must be routinely reviewed. The reporting protocol must include communication within the Institution, to the UW System, to Authorized Tribal Representatives as appropriate, and to the National NAGPRA Office.
2. If control is determined to belong to Federal agencies or State entities, the Institution will confer with the agency or entity regarding either transfer or management according to a long-term repository agreement.
3. Each Institution is also encouraged to consult with Tribal Nations regarding identification of other items under the Institution’s control that might be culturally sensitive even though they are not covered by NAGPRA or this policy.

IV. Reporting and Acquisition

1. Each Institution must annually provide a summary and status listing of any NAGPRA-eligible holding, Human Remains (Ancestors), and Cultural Items; and a report of the Institution’s NAGPRA compliance activities to the UW System NAGPRA Director at least 30 days before the annual tribal consultation meeting conducted by the UW System under RPD 8-2, Tribal Consultation. The frequency of additional reporting for each Institution will be at the discretion of the UW System NAGPRA Director.
2. If new (i.e., not previously reported) Human Remains (Ancestors) or Cultural Items are discovered within any existing holding or new acquisition that are under the custody or control of the Institution, the Unit Representative will report such findings to the Institution Representative within 30 days, and the Institution Representative will report them to the UW System NAGPRA Director within 90 days of the date of acquisition or discovery.
3. Each Institution must establish oversight and review processes for evaluating any holding being considered for acquisition through purchase, donation, or other means (e.g., curation agreements) to identify potential NAGPRA issues in that holding. These processes must also be consistent with other applicable law and UW System and institution policies.
4. Institutions that manage any long-term repository contracts or temporary custody agreements with other entities must maintain clear documentation concerning legal control of holdings.

V. Care, Storage, and Handling

1. Each Institution must have policies regarding care, storage, and handling of Human Remains (Ancestors) and Cultural Items. These policies should comply with current preferences of Authorized Tribal Representatives, when possible and as appropriate, and should be documented by the Unit Representative and made available to both the Institution Representative and the appropriate Authorized Tribal Representative(s).
2. Every attempt will be made to identify past treatments performed on Human Remains (Ancestors) and Cultural Items, to take steps to isolate and eliminate exposure to harmful chemicals, and to report all known treatments to appropriate Authorized Tribal Representatives once identified.
3. When possible and appropriate, each Institution must make reasonable efforts to provide a process for facilitating ceremonies on its property in a manner that meets with Authorized Tribal Representatives’ requests, employee and visitor safety, and facility/building policies.

VI. Photography/Imaging and Archives

1. Each Institution must adopt policies that address imaging (photographs, scans, 3-D models, etc.) or documentation of Human Remains (Ancestors) and Cultural Items, including access to and security of these files. These policies should make reasonable efforts to incorporate guidance received during tribal consultation.

VII. Display and Interpretation

1. Each Institution must prohibit the display of Human Remains (Ancestors) and Cultural Items, no matter their repatriation status, unless permission on a case-by-case basis has been received from one or more Authorized Tribal Representatives.
2. Each Institution will collaborate with the Tribes for interpretation and exhibition of Human Remains (Ancestors) and Cultural Items.

VIII. Physical Access

1. Each Institution must restrict access to buildings, rooms, or areas of rooms where Human Remains (Ancestors) and Cultural Items are stored. Access to these areas must be thoroughly reviewed in advance and monitored. Requests for access by Authorized Tribal Representatives must be accommodated as soon as reasonably possible, taking into account staff availability, building access, and preparation logistics.
2. Each Institution must prohibit unsupervised access to buildings, rooms, or areas of rooms where Human Remains (Ancestors) and Cultural Items are stored or located unless those with unsupervised access have been informed of appropriate care and handling procedures and they have achieved Current Trained Status, except in case of emergencies or to facilitate ceremonies for Authorized Tribal Representatives.

IX. Research Access, Loans, and Other Activities

1. Each Institution must host a webpage for NAGPRA compliance that includes, at minimum:
  - A link to the UW System NAGPRA compliance webpage;
  - Current contact information for the Institution Representative; and
  - A summary of reported NAGPRA activities, with links to publicly available information such as Federal Register entries and the National NAGPRA Program databases.
2. Each Institution must refuse any analysis, research, scientific investigation, or loan requests for Human Remains (Ancestors) until free, prior, and informed consent has been received through tribal consultation. An exemption can be made where such activity is allowed or required by state or federal law. At any time, if a new determination is made that Human Remains (Ancestors) are present, all aforementioned activity will cease for the Ancestor as soon as possible until recommendations are received through tribal consultation. [43 CFR 10.1(d)(3)].
3. Institutions with the potential to perform analysis, research or scientific investigation on undiscovered Human Remains (Ancestors) must adopt procedures for a preliminary assessment before undertaking such activity. Preliminary assessments will be non-destructive/reversible.
4. Each Institution must refuse analysis, research, scientific investigation, or loan requests for any objects that have a reasonable likelihood of being claimed as Cultural Items in the future, until either non-coverage under NAGPRA has been reasonably determined, or free, prior, and informed consent has been received through tribal consultation. At any time, if a new determination is made that a Cultural Item is present, all aforementioned activity will cease for that Cultural Item as soon as possible until recommendations are made through tribal consultation [43 CFR 10.1(d)(3)].
5. Each Institution must prohibit the analysis, research, scientific investigation, or loan of Human Remains (Ancestors) or Cultural Items that are the subject of a repatriation request or that have been approved for repatriation without permission from a determined lineal descendant or Authorized Tribal Representative(s) for the culturally affiliated Tribes.

X. Training

1. Each Institution must require and provide scheduled and routine training on NAGPRA compliance to Universities of Wisconsin employees and students who regularly access holdings which have a reasonable potential to contain Human Remains (Ancestors) and Cultural Items or who have any unsupervised access to buildings, rooms, or areas of rooms where Human Remains (Ancestors) and Cultural Items are stored or located.
2. Training is required annually for applicable Universities of Wisconsin employees and students. Institution Representatives and Unit Representatives must provide proof to the UW System NAGPRA Director of Current Trained Status for applicable Universities of Wisconsin employees and students prior to them engaging in NAGPRA compliance activities.
3. Each Institution must review and update (if necessary) its training protocols at least every two (2) years, to ensure compliance with current federal regulations and other applicable state and local laws.

XI. General Reporting Obligations

1. Unit Representatives must report all NAGPRA compliance activities to the Institution Representative in a consistent and clear written format and in a timely manner. This includes NAGPRA-related tribal communication (outside of formal consultation) and documentation provided to Authorized Tribal Representatives and the National NAGPRA Office.
2. Institution Representatives must report summaries of all NAGPRA compliance activities to the UW System NAGPRA Director in a consistent and clear written format and in a timely manner. This includes NAGPRA-related tribal communication (outside of formal consultation) and documentation provided to Authorized Tribal Representatives and the National NAGPRA Office.
3. Institution Representatives must maintain comprehensive records of NAGPRA compliance.

XII. Consequences of Noncompliance

Each Institution must state that 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. Please see the NAGPRA Enforcement webpage for further details.

7. Related Documents

Native American Graves Protection and Repatriation Act (Public Law 101-601)
Native American Graves Protection and Repatriation Act (Regulations)
Regent Policy Document 3-2, Public Records Management
Regent Policy Document 8-2, Tribal Consultation
Advisory Council on Historic Preservation. Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects
Wis. Stat. § 157.70
Universities of Wisconsin Tribal Relations (NAGPRA) Webpage

8. Policy History

Revision 1: February 23, 2026
Original Issuance Date: October 31, 2023

9. Scheduled Review

February 2031

UW System Administrative Policy 645