Cultural or art repatriation is the return of cultural objects or works of art to their country or cultural group of origin. Repatriation also refers to the return of human remains to the nearest relative or cultural community.

During the mid to late 19^th century Native Americans lost large amounts of their cultural artifacts. This was caused in part by new museums increasing the demand for collecting cultural objects for their collections. Competition between museums existed in the United States as well as in Europe. Native American human remains are also sometimes uncovered and removed from their burial sites during construction and development. In 1990, federal agencies possessed the remains of 14,500 Native Americans. 

In 1990, the US federal government passed the The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048. This act states that any federally recognized Native American nation can request that any federal agency or institution receiving federal funding return “cultural objects” to the appropriate nation or tribe. Cultural items include: human remains, funerary objects, sacred objects, and objects of cultural patrimony. Museums and other insitutions can receive federal funds to assist in the repatriation process and can incur penalties if they fail to follow the directives of NAGPRA. NAGPRA does not apply to the Smithsonian Institution, which is covered under a different federal law.

NAGPRA was passed in large part due to the hard work and persistence of many Native American nations. Some of the reasons Native Americans give for the importance of this legislation are:

1.      1. State laws were designed to regulate and protect only graves that were marked. Native American graves were often unmarked and therefore did not receive the same protection.

2.      2. When the United States was formed, the legal system that was developed did not take into account Native American ceremonial and burial practices. 

3.      3. The First Amendment in the US Constitution protects religious beliefs and practices. These First Amendment rights were ignored when Native American graves were disturbed or when bodies were not allowed to be buried according to Native traditions.

4.      4. Native Americans are considered sovereign, meaning they make their own laws and customs. Their religious and burial practices  fall under the jurisdiction of each sovereign nation.

5.      5. There has never been a US government treaty that granted rights to disturb Native American graves or their dead. 

Following is a 2010 Summary Report of NAGPRA's progress:

Collections:

Summaries received: 1,555 total, 462 reporting no collection requiring a summary

Inventories received: 1,319 total, from 1,251 institutions, 262 reporting no collection

Notices of Inventory Completion:

1,404 published, which account for 40,303 human remains and 1,007,894 associated funerary objects

Notices of Intent to Repatriate

520 published, which account for 146,215 unassociated funerary objects, 4,314 sacred objects, 958 objects of cultural patrimony, 1,210 objects both sacred and patrimony, and 292 undesignated

Notices of Intended Disposition

105 Notices reported for 966 minimum number of individuals; 1416 associated funerary objects, 64 unassociated funerary objects, and 3 objects of cultural patrimony

Culturally Unidentifiable Native American Human Remains (CUI) have been found in 730 inventories, from 667 institutions

These remains account for a minimum of 123,927 individuals and 926,331 associated funerary objects (AFO)

4,916 Minimum Number of Individuals (MNI) total subsequently culturally affiliated to date

4,261 MNI total transferred as CUI dispositions

8,823 MNI in Notices of Inventory Completion

Culturally Affiliated Native American Human Remains have been found in 518 inventories, from 442 institutions

42,313 MNI, 1,026,721 AFO

36,795 MNI in Notices of Inventory Completion