Repatriation of Human Remains - Update Winter 2025

The repatriation of Native American human remains to tribal groups under the Native American Graves Protection and Repatriation Act (NAGPRA) has seen significant progress in recent years, but challenges remain. Here's the current status as of 2025:

Progress in Repatriation

Nearly 60% of the ancestral remains reported under NAGPRA have been repatriated, but approximately 90,000 remains still await return to tribes. Due to the way remains were collected historically—often for scientific or museum purposes—complete corpses (with soft tissue) are extremely rare. Most remains are disarticulated and incomplete, sometimes comprising just a single bone or part of the body.A significant portion of the 90,000 are fragments or partial skeletons. Only a small minority would be close to full skeletons, and virtually none are intact corpses with preserved soft tissue unless they were mummified, which is also rare. As of recent data, most of the 90,000 Native American human remains held by institutions have not yet been culturally affiliated with specific tribes. This means that the tribal origins of these remains have not been conclusively determined.​ Efforts to determine cultural affiliations are ongoing, involving consultations with tribes and studies of geographical and historical information. However, many remains remain unaffiliated due to incomplete records or complex histories. ​The process of cultural affiliation is crucial for the respectful repatriation of ancestors to their respective communities. Institutions continue to work with Native American tribes to facilitate these efforts

In 2024, over 10,300 ancestors were repatriated, making it the third-largest year for repatriations since NAGPRA's enactment in 1990. This followed a record-setting year in 2023 when 18,000 remains were returned1. Institutions like the U.S. Department of the Interior and the Illinois State Museum have played leading roles, with the Interior Department repatriating over 1,300 remains in 2024 alone.

Ref:

https://www.propublica.org/article/native-american-remains-returned-repatriation-nagpra

https://itsartlaw.org/2025/01/21/a-revised-nagpra-evaluating-progress-towards-repatriating-native-american-ancestral-remains-and-belongings-in-the-wake-of-revised-federal-regulations/

Key Regulatory Updates

In January 2024, revised NAGPRA regulations went into effect to accelerate repatriations and close loopholes. Key changes include: Eliminating the "culturally unidentifiable" category that previously allowed institutions to retain remains indefinitely. Requiring museums and agencies to defer to tribal knowledge and oral histories when determining cultural affiliation. Setting strict deadlines for inventory updates and consultations with tribes. These updates aim to address decades of slow progress and empower Indigenous communities in the process.

Challenges

Unaccounted Remains: Many collections remain scattered across museums and universities without proper documentation, complicating efforts to identify and repatriate remains. Resource Constraints: Institutions cite limited funding and staff as barriers to meeting new deadlines. While grants are available, their sufficiency is uncertain. Federal Resistance: Some federal entities, like the U.S. Army, have resisted compliance with NAGPRA. For example, the Winnebago Tribe is currently appealing a case to repatriate two boys' remains from the Carlisle Indian Industrial School cemetery. Exclusion of Non-Federally Recognized Tribes: NAGPRA primarily benefits federally recognized tribes, leaving out hundreds of Indigenous communities without official recognition3.

Future Outlook

Efforts are expected to continue under revised regulations, but sustained funding and enforcement will be critical for long-term success. Advocacy from tribal nations and public pressure are likely to play key roles in addressing remaining gaps and ensuring that all Native American ancestors are returned to their rightful resting places.

Once DNA samples are registered artificial intelligence maybe able to expedite the return of human remains to the appropriate tribal group.