New NAGPRA Regulations: What This Means for Your Organization

ALBANY, NY | The U.S. Department of the Interior has finalized a new rule updating the regulations that implement the Native American Graves Protection and Repatriation Act (NAGPRA). These changes significantly impact how institutions and organizations manage Native American cultural items, especially those that work with collections, land use, or heritage preservation.

This includes museums, cultural institutions, real estate developers, and any organization that may encounter or house Native American human remains or cultural objects.

At The Towne Law Firm, P.C., our Native American Law Practice, led by attorney Mark Houston, helps organizations navigate this complex and sensitive area of law with care and compliance.

You can read the full press release from the Department of the Interior here.

What’s New Under the Final Rule?

The updated NAGPRA rule strengthens the authority of Indigenous communities in the repatriation process and ensures a more respectful and collaborative approach.

Key changes include:

• Deference to Indigenous Knowledge, institutions must recognize and respect the knowledge of lineal descendants, Tribes, and Native Hawaiian Organizations (NHOs) when determining cultural affiliation or handling items.
• New Consent Requirements, museums and federal agencies must obtain free, prior, and informed consent before exhibiting, researching, or providing access to human remains or cultural items.
• Removal of “Culturally Unidentifiable” Designation, the rule eliminates this category and clarifies obligations for establishing cultural affiliation, aligning more closely with the intent of Congress.
• More Transparent Reporting, institutions are expected to disclose and report previously unreported holdings and maintain transparency in their inventory practices.
• Five-Year Inventory Deadline, within five years, museums and agencies must consult with Tribes and update inventories of Native American human remains and associated funerary objects.

As Secretary Deb Haaland noted, these steps are part of “laying the groundwork for the healing of our people.”

Why Compliance Matters Now

Organizations that don’t follow the new rule risk legal consequences, loss of trust with Tribal Nations, and reputational harm. Proactive consultation and documentation updates are key to reducing these risks and building respectful, lawful practices.

How We Can Help

The Towne Law Firm, P.C. is here to assist your team with navigating the NAGPRA compliance, whether you’re managing a collection, overseeing land development, or creating internal protocols.

Partner, Mark Houston, Esq., who leads our Native American Law practice, brings years of experience advising clients in culturally sensitive and regulated environments. We work closely with institutions to review collections, revise policies, and ensure respectful consultation processes are in place.

Questions about how the final rule affects your organization?