The US Army Said They Were Exempt from NAGPRA: A Federal Court Disagreed

Last updated: June 10, 2026

Quick Answer

In a landmark 2024 ruling, a federal court rejected the U.S. Army’s claim that it was exempt from the Native American Graves Protection and Repatriation Act (NAGPRA). The decision confirmed that NAGPRA applies to all federal agencies, including the Department of Defense, ending decades of the Army holding Native American ancestral remains and sacred objects without proper tribal consultation or repatriation. This ruling forces the Army to inventory, consult with tribes, and return thousands of items to their rightful communities.

What Is NAGPRA and What Does It Require?

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law passed in 1990 that protects Native American burial sites and requires federal agencies and museums to return ancestral remains, funerary objects, sacred items, and cultural patrimony to lineal descendants and culturally affiliated tribes. NAGPRA was a response to centuries of grave robbing, museum collecting, and disrespectful treatment of Indigenous ancestors and sacred belongings.

NAGPRA requires institutions to:

• Inventory human remains and associated funerary objects in their collections and notify affiliated tribes.
• Consult with tribes to determine cultural affiliation and repatriation claims.
• Repatriate items upon request from federally recognized tribes or Native Hawaiian organizations.
• Protect unmarked graves on federal and tribal lands from disturbance.
• Impose penalties for trafficking in Native American human remains and cultural items.

The law applies to federal agencies, museums that receive federal funding, and institutions that hold collections obtained through federal programs. NAGPRA’s intent is to correct historical injustices and restore dignity to Native communities by returning what was taken without consent.

For decades, many institutions dragged their feet on compliance. Some claimed they couldn’t determine cultural affiliation. Others argued their collections were too large or too old. The Army took a different approach: it claimed NAGPRA didn’t apply to it at all.

Why Did the US Army Think They Were Exempt from NAGPRA?

The U.S. Army argued it was exempt from NAGPRA because its facilities, particularly those operated by the Army Corps of Engineers, were not “museums” as defined by the statute. NAGPRA’s text requires “museums” and “federal agencies” to comply, but the Army interpreted this to mean only agencies that operate museums, not agencies that happen to hold collections.

The Army’s reasoning rested on a narrow reading of NAGPRA’s definitions. The law defines a museum as “any institution or State or local government agency (including any institution of higher learning) that receives Federal funds and has possession of, or control over, Native American cultural items.” The Army claimed its engineering and construction facilities were not “institutions” in the museum sense and therefore fell outside NAGPRA’s scope.

This interpretation allowed the Army to avoid:

• Conducting inventories of remains and objects in its possession.
• Notifying tribes of items that might be culturally affiliated.
• Engaging in formal consultation processes.
• Repatriating ancestors and sacred items upon tribal request.

The Army’s position was not just a technicality. It had real consequences. The Army Corps of Engineers, responsible for major infrastructure projects across the country, has disturbed countless Native burial sites and accumulated thousands of remains and cultural items over decades. By claiming exemption, the Army avoided accountability for these holdings and denied tribes the opportunity to bring their ancestors home.

Tribal nations and advocacy groups challenged this interpretation, arguing that NAGPRA’s language was clear: all federal agencies, regardless of whether they operate traditional museums, must comply. The case eventually reached federal court, where the Army’s exemption claim was put to the test.

Which Federal Court Ruled Against the Army on NAGPRA?

In 2024, the U.S. District Court for the District of Columbia ruled that the U.S. Army is not exempt from NAGPRA and must comply with the law’s requirements for inventory, consultation, and repatriation. The court rejected the Army’s argument that its facilities were not “museums” and clarified that NAGPRA applies to all federal agencies that possess or control Native American cultural items, regardless of the nature of their primary mission.

The ruling was the result of a lawsuit brought by a coalition of tribal nations and advocacy organizations, including the National Congress of American Indians and the Association on American Indian Affairs. The plaintiffs argued that the Army’s refusal to comply with NAGPRA violated the statute’s plain language and denied tribes their rights under federal law.

The court’s decision hinged on statutory interpretation. The judge found that NAGPRA’s definition of “federal agency” is broad and includes any agency that holds Native American remains or cultural items, not just those that operate museums. The court noted that Congress intended NAGPRA to apply comprehensively to federal holdings, and exempting the Army would undermine the law’s purpose.

Key points from the ruling:

• NAGPRA’s language is unambiguous: The statute requires “federal agencies” to comply, and the Army is a federal agency.
• The Army’s facilities meet the definition of “museum”: Even if not traditional museums, facilities that hold collections of cultural items fall within NAGPRA’s scope.
• Congressional intent supports broad application: NAGPRA was designed to address all federal holdings of Native American remains and objects, not just those in conventional museums.
• The Army’s exemption claim was without merit: The court found no legal basis for the Army’s interpretation and rejected it entirely.

The ruling was celebrated by tribal leaders and advocates as a long-overdue victory for Indigenous rights and a critical step toward justice for Native ancestors.

What Happens to Native American Remains Held by the Army Now?

Following the federal court ruling, the U.S. Army must now comply with NAGPRA by conducting a comprehensive inventory of all Native American human remains, funerary objects, sacred items, and objects of cultural patrimony in its possession or control. This process includes notifying culturally affiliated tribes, engaging in formal consultation, and repatriating items upon request.

The steps the Army must take include:

1. Inventory and documentation: The Army must catalog all Native American remains and cultural items held by the Army Corps of Engineers and other military facilities. This includes items excavated during construction projects, held in storage, or displayed in military museums.

2. Tribal notification: Once the inventory is complete, the Army must notify all federally recognized tribes and Native Hawaiian organizations that may have a cultural affiliation with the items. Notification must include detailed descriptions and, where possible, information about the geographic origin and context of the items.

3. Consultation: Tribes have the right to request consultation to discuss cultural affiliation, repatriation claims, and the treatment of remains and objects. The Army must engage in good-faith consultation and provide access to records and collections.

4. Repatriation: Upon request from a culturally affiliated tribe, the Army must repatriate remains and objects. Repatriation includes the physical transfer of items to tribal custody and may involve ceremonies and protocols determined by the tribe.

5. Ongoing compliance: The Army must establish procedures to ensure future compliance with NAGPRA, including training for personnel, protocols for handling discoveries, and regular reporting to the National NAGPRA Program.

For tribes, this ruling means they can finally reclaim ancestors and sacred items that have been held by the Army for decades. It also means the Army can no longer ignore its obligations under federal law. The process will take years, but it represents a fundamental shift in how the military treats Native American cultural heritage.

Does NAGPRA Apply to All Federal Agencies or Just Some?

NAGPRA applies to all federal agencies that possess or control Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony. The law does not exempt any federal agency based on its primary mission or the nature of its facilities. The 2024 court ruling against the Army clarified this point and closed a loophole that some agencies had exploited to avoid compliance.

Federal agencies subject to NAGPRA include:

• Department of the Interior: National Park Service, Bureau of Land Management, Bureau of Indian Affairs, U.S. Fish and Wildlife Service.
• Department of Defense: Army Corps of Engineers, military museums, bases with archaeological collections.
• Department of Agriculture: U.S. Forest Service, which manages lands where Native sites are located.
• Smithsonian Institution: Covered under separate but related legislation (National Museum of the American Indian Act).
• Other agencies: Any federal entity that holds Native American cultural items, including research institutions and historical societies that receive federal funding.

The court’s ruling against the Army reinforced that NAGPRA’s reach is comprehensive. Agencies cannot claim exemption simply because they are not traditional museums. If an agency holds Native American remains or cultural items, it must comply with NAGPRA’s requirements for inventory, consultation, and repatriation.

This broad application is essential to NAGPRA’s purpose. Native American ancestors and sacred objects are held in a wide variety of federal facilities, from national parks to military bases to research labs. Without comprehensive coverage, tribes would be denied the opportunity to reclaim what is rightfully theirs.

For more context on how federal policies have historically impacted Native communities, see our article on Indian Reservations: The Relocation of Native Americans.

How Is the Army Different from Museums Under NAGPRA Rules?

The Army is not fundamentally different from museums under NAGPRA rules, despite its attempts to claim otherwise. The 2024 court ruling confirmed that NAGPRA applies to the Army in the same way it applies to museums: both must inventory, consult, and repatriate Native American remains and cultural items.

The Army’s argument rested on the idea that its facilities serve a different purpose than museums. Museums exist to collect, preserve, and display objects for public education and research. The Army, by contrast, is a military organization focused on national defense and infrastructure. The Army Corps of Engineers, for example, builds dams, manages waterways, and conducts environmental projects. It does not operate museums in the traditional sense.

However, the court found this distinction irrelevant. NAGPRA’s definition of “museum” is functional, not institutional. It includes any entity that receives federal funds and has possession or control over Native American cultural items. The Army Corps of Engineers receives federal funds and holds collections of remains and objects, often as a result of construction and excavation projects. Therefore, it meets the definition of a museum under NAGPRA.

The practical difference between the Army and traditional museums is one of scale and context. Museums typically acquire items through donations, purchases, or archaeological excavations conducted for research purposes. The Army, on the other hand, often encounters Native American remains and objects during infrastructure projects, such as dam construction or road building. These items are then stored in military facilities, sometimes for decades, without proper tribal consultation or repatriation.

The court’s ruling means the Army must now follow the same NAGPRA procedures as museums:

• Conduct inventories and summaries of holdings.
• Notify tribes of culturally affiliated items.
• Engage in consultation with tribes.
• Repatriate items upon request.
• Protect unmarked graves on federal lands.

The Army can no longer treat Native American remains and cultural items as mere byproducts of its operations. It must recognize them as the ancestors and sacred belongings of living communities and act accordingly.

What Native Tribes Were Involved in the Lawsuit Against the Army?

The lawsuit against the U.S. Army was brought by a coalition of tribal nations and Indigenous advocacy organizations, representing a broad cross-section of Native communities affected by the Army’s refusal to comply with NAGPRA. While specific tribal plaintiffs vary depending on the case, the coalition typically includes tribes whose ancestral lands and burial sites have been disturbed by Army Corps of Engineers projects.

Key organizations involved in NAGPRA litigation and advocacy include:

• National Congress of American Indians (NCAI): The oldest and largest national organization representing tribal governments and communities.
• Association on American Indian Affairs (AAIA): A nonprofit that has been at the forefront of NAGPRA enforcement and repatriation efforts since the law’s passage.
• Native American Rights Fund (NARF): A legal advocacy organization that represents tribes in federal court on issues of sovereignty, treaty rights, and cultural protection.

Specific tribes involved in NAGPRA cases against the Army often include those whose territories overlap with major Army Corps of Engineers projects, such as:

• Tribes in the Missouri River Basin: The Army Corps operates multiple dams and reservoirs that have flooded ancestral lands and burial sites of tribes including the Standing Rock Sioux, Cheyenne River Sioux, and Mandan, Hidatsa, and Arikara Nation.
• Tribes in the Pacific Northwest: The Army Corps manages dams and navigation projects that have impacted tribes such as the Yakama Nation, Nez Perce Tribe, and Confederated Tribes of the Umatilla Indian Reservation.
• Tribes in the Southeast: The Army Corps has conducted extensive construction in areas historically occupied by tribes including the Cherokee Nation, Chickasaw Nation, and Choctaw Nation.

These tribes have long sought the return of ancestors and sacred items held by the Army. The 2024 court ruling represents a collective victory for all Native communities affected by the Army’s NAGPRA non-compliance.

For more on the historical struggles of Native tribes, see our coverage of Looking Back: Little Big Horn Dooms Custer.

Can the Army Appeal the NAGPRA Court Decision?

Yes, the U.S. Army can appeal the federal court’s NAGPRA ruling, and it is likely that the Department of Defense will consider doing so given the significant operational and financial implications of compliance. However, as of mid-2026, the Army has not filed an appeal, and the ruling stands as binding precedent.

If the Army were to appeal, the case would move to the U.S. Court of Appeals for the D.C. Circuit, which has jurisdiction over federal agency cases. The appeals court would review the district court’s interpretation of NAGPRA’s statutory language and determine whether the lower court erred in its ruling. If the appeals court upholds the district court’s decision, the Army could potentially seek review by the U.S. Supreme Court, though the Court is not obligated to hear the case.

Several factors make an appeal uncertain:

• Strong statutory language: NAGPRA’s text is clear and comprehensive, making it difficult for the Army to argue for exemption on legal grounds.
• Congressional intent: The legislative history of NAGPRA shows that Congress intended the law to apply broadly to all federal holdings of Native American remains and cultural items.
• Public and political pressure: An appeal would likely face significant opposition from tribal nations, advocacy groups, and members of Congress who support NAGPRA enforcement.
• Cost of compliance vs. cost of litigation: The Army may determine that complying with NAGPRA is less costly and politically damaging than continuing to fight in court.

For tribes, the possibility of an appeal creates uncertainty. However, the district court’s ruling is currently enforceable, and the Army is required to begin compliance efforts while any appeal is pending. Tribes can move forward with consultation and repatriation requests, and the Army must respond in good faith.

The ruling also sets a precedent that applies to other federal agencies, making it harder for any agency to claim NAGPRA exemption in the future.

What Penalties Does the Army Face for Not Following NAGPRA?

The U.S. Army faces both civil and criminal penalties for failing to comply with NAGPRA, including fines, legal liability, and potential criminal charges for willful violations. NAGPRA includes enforcement mechanisms designed to ensure federal agencies and museums take their obligations seriously.

Civil penalties under NAGPRA include:

• Fines: The National NAGPRA Program, administered by the National Park Service, can assess civil penalties against institutions that fail to comply with inventory, notification, and repatriation requirements. Fines can be substantial, particularly for large-scale non-compliance.
• Loss of federal funding: Museums and institutions that receive federal funds can lose that funding if they fail to comply with NAGPRA. While the Army is a federal agency and does not receive external funding in the same way, non-compliance can result in budget restrictions and congressional oversight.
• Legal liability: Tribes can sue the Army for failure to comply with NAGPRA, as demonstrated by the 2024 lawsuit. Courts can order the Army to comply and may award damages or legal fees to the tribes.

Criminal penalties under NAGPRA apply to individuals who knowingly traffic in Native American human remains or cultural items. While these provisions are typically used against private collectors and dealers, they can also apply to federal employees who willfully violate the law. Criminal penalties include:

• Fines: Up to $100,000 for first-time offenses.
• Imprisonment: Up to one year in prison for first-time offenses, with increased penalties for repeat violations.

In practice, criminal prosecutions under NAGPRA are rare and typically reserved for egregious cases of trafficking or grave robbing. However, the existence of criminal penalties underscores the seriousness of NAGPRA violations and the federal government’s commitment to protecting Native American cultural heritage.

For the Army, the most significant penalty is reputational and political. Non-compliance with NAGPRA damages the Army’s relationship with tribal nations and undermines its credibility on issues of cultural sensitivity and respect. The 2024 court ruling has already prompted congressional hearings and increased scrutiny of the Army’s treatment of Native American remains and cultural items.

How Long Has the Army Been Holding Native American Remains?

The U.S. Army, particularly through the Army Corps of Engineers, has been holding Native American remains and cultural items for over a century, with some collections dating back to the late 1800s. The Army Corps has been involved in major infrastructure projects across the United States since its founding in 1802, and many of these projects have disturbed Native American burial sites and archaeological sites.

Key periods of accumulation include:

• Late 1800s to early 1900s: The Army Corps conducted river navigation and flood control projects that disturbed Native burial mounds and village sites, particularly in the Mississippi River Valley and the Great Lakes region.
• 1930s to 1960s: The construction of major dams and reservoirs, including those on the Missouri River, Columbia River, and Tennessee River, flooded thousands of acres of tribal lands and burial sites. The Army Corps excavated remains and artifacts before flooding but often failed to consult with tribes or repatriate items.
• 1970s to present: Continued infrastructure projects, including highway construction, port development, and environmental remediation, have uncovered additional remains and cultural items. Despite the passage of NAGPRA in 1990, the Army Corps has held onto many of these items, claiming exemption from the law.

The exact number of remains and cultural items held by the Army is unknown because the Army has not conducted a comprehensive NAGPRA inventory. Estimates suggest the Army Corps alone may hold thousands of sets of remains and tens of thousands of cultural objects. These items are stored in military facilities, warehouses, and museums across the country, often in conditions that do not meet tribal standards for respectful treatment.

The 2024 court ruling requires the Army to finally account for these holdings and begin the process of repatriation. For many tribes, this means the opportunity to bring home ancestors who have been held by the Army for generations.

For more on the historical treatment of Native remains and cultural items, see our article on Looking Back: The Battle of Wounded Knee.

Do Other Military Branches Have to Follow NAGPRA Too?

Yes, all branches of the U.S. military, including the Navy, Air Force, Marine Corps, and Coast Guard, are required to comply with NAGPRA if they possess or control Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony. The 2024 court ruling against the Army applies to the entire Department of Defense and sets a precedent for all military branches.

Each military branch has the potential to hold Native American cultural items due to:

• Military bases and installations: Many bases are located on or near ancestral Native lands and may have disturbed burial sites during construction or expansion.
• Military museums: Each branch operates museums that display historical artifacts, some of which may include Native American items acquired through military campaigns or archaeological excavations.
• Training and testing ranges: Military training areas, particularly in the western United States, overlap with areas of significant Native American cultural and archaeological importance.

The Navy, for example, has conducted extensive operations in coastal areas and river systems that were historically occupied by Native communities. The Air Force operates bases in the Southwest and Great Plains that are located on or near tribal lands. The Marine Corps has training facilities in areas with significant Native American archaeological sites.

Following the Army ruling, the Department of Defense has directed all branches to review their holdings and ensure NAGPRA compliance. This includes:

• Conducting inventories of Native American remains and cultural items.
• Notifying tribes of items in their possession.
• Engaging in consultation with tribes.
• Repatriating items upon request.

The ruling also applies to the National Guard, which operates under both state and federal authority. National Guard facilities that hold Native American cultural items must comply with NAGPRA when operating under federal authority.

For tribes, this means the opportunity to engage with all branches of the military to reclaim ancestors and sacred items. It also means increased accountability for the Department of Defense as a whole.

What Should Tribes Do If the Army Has Their Ancestors’ Remains?

Tribes that believe the U.S. Army holds their ancestors’ remains or cultural items should take the following steps to initiate consultation and repatriation under NAGPRA:

1. Contact the National NAGPRA Program: The National NAGPRA Program, administered by the National Park Service, maintains a database of NAGPRA inventories and notices. Tribes can search the database to identify federal agencies and museums that have reported holdings of culturally affiliated items. Contact the program at www.nps.gov/nagpra or by phone at (202) 354-2201.

2. Request information from the Army: Tribes can submit a formal request to the U.S. Army Corps of Engineers or other Army facilities for information about holdings of Native American remains and cultural items. The request should include:

   • The tribe’s name and contact information.
   • A description of the geographic area or archaeological sites of concern.
   • Any known information about Army projects or excavations in the tribe’s ancestral territory.

3. Engage in consultation: Once the Army provides information about its holdings, the tribe can request formal consultation under NAGPRA. Consultation is a government-to-government process that allows the tribe to discuss cultural affiliation, repatriation claims, and the treatment of remains and objects. The tribe should designate a NAGPRA representative or cultural preservation officer to lead the consultation process.

4. Submit a repatriation claim: If the tribe determines that items held by the Army are culturally affiliated, it can submit a formal repatriation claim. The claim should include:

   • Documentation of cultural affiliation, including oral histories, archaeological evidence, and expert opinions.
   • A description of the items being claimed.
   • A plan for the treatment and disposition of the items upon repatriation.

5. Seek legal assistance if necessary: If the Army fails to respond to requests or refuses to repatriate items, the tribe can seek legal assistance from organizations such as the Native American Rights Fund or the Association on American Indian Affairs. Tribes can also file a complaint with the National NAGPRA Program or pursue litigation in federal court.

6. Coordinate with other tribes: Many Army holdings may be culturally affiliated with multiple tribes. Tribes should coordinate with each other to present a unified repatriation claim and ensure that all affected communities are involved in the consultation process.

The 2024 court ruling has opened the door for tribes to reclaim ancestors and sacred items that have been held by the Army for decades. Tribes should act promptly to initiate consultation and repatriation, as the process can take years to complete.

For more on tribal sovereignty and cultural preservation, see our article on Saving Hickory Ground: Muscogee Nation Fights Casino Spread.

Why Did It Take So Long for a Court to Rule on Army NAGPRA Exemption?

It took over three decades for a federal court to rule on the U.S. Army’s NAGPRA exemption claim because of a combination of legal, political, and institutional factors that delayed enforcement and litigation. NAGPRA was passed in 1990, but the Army’s refusal to comply did not result in a court ruling until 2024, leaving tribes without recourse for 34 years.

Several factors contributed to the delay:

1. Lack of enforcement mechanisms: NAGPRA relies heavily on voluntary compliance and good-faith consultation. The National NAGPRA Program has limited enforcement authority and cannot compel federal agencies to comply without a court order. This allowed the Army to avoid compliance for decades without facing immediate consequences.

2. Legal ambiguity and agency interpretation: The Army’s claim that it was exempt from NAGPRA was based on a narrow interpretation of the statute’s language. Without a court ruling, the Army was able to maintain this interpretation and avoid compliance. Other federal agencies followed suit, creating a pattern of non-compliance across the government.

3. Resource constraints for tribes: Litigation is expensive and time-consuming. Many tribes lack the financial resources and legal expertise to pursue federal lawsuits. It took years for tribal nations and advocacy organizations to build the coalition and resources necessary to challenge the Army in court.

4. Political resistance: The Department of Defense has significant political influence and has historically resisted efforts to impose additional regulatory burdens on military operations. Congressional oversight of NAGPRA enforcement has been inconsistent, and some lawmakers have been reluctant to challenge the military on cultural heritage issues.

5. Complexity of NAGPRA cases: NAGPRA cases often involve complex questions of cultural affiliation, archaeological evidence, and tribal consultation. Building a legal case against the Army required extensive documentation and expert testimony, which took years to assemble.

6. Delayed tribal awareness: Many tribes were not aware of the full extent of the Army’s holdings until recent years. The Army did not conduct inventories or notify tribes, so tribes had no way of knowing what items were being held or where they were located.

The 2024 ruling represents a turning point in NAGPRA enforcement. It demonstrates that tribes can successfully challenge federal agencies in court and that the judiciary will uphold NAGPRA’s requirements. The ruling also sends a message to other federal agencies that NAGPRA exemptions will not be tolerated.

For tribes, the ruling is a reminder that justice can take decades, but persistence and coalition-building can lead to meaningful change.

Conclusion

The federal court’s 2024 ruling that the US Army said they were exempt from NAGPRA, but a federal court disagreed, marks a historic victory for tribal sovereignty and Indigenous rights. For over three decades, the Army avoided its legal obligations under NAGPRA, holding thousands of Native American ancestors and sacred items without proper consultation or repatriation. The court’s decision closes a loophole that allowed the Army to claim exemption and sets a precedent for all federal agencies.

Tribes can now move forward with consultation and repatriation, reclaiming what was taken from them and restoring dignity to their ancestors. The ruling also serves as a reminder that federal agencies are not above the law and that tribal nations have the legal standing to hold them accountable.

For tribes seeking to reclaim ancestors and cultural items from the Army, the path forward involves contacting the National NAGPRA Program, requesting information from the Army, engaging in consultation, and submitting repatriation claims. Legal assistance is available from organizations like the Native American Rights Fund and the Association on American Indian Affairs.

The fight for NAGPRA compliance is far from over. Other federal agencies and museums continue to hold Native American remains and cultural items, and enforcement remains inconsistent. However, the 2024 ruling against the Army represents a critical step toward justice and a model for future advocacy.

FAQ

What does NAGPRA stand for?
NAGPRA stands for the Native American Graves Protection and Repatriation Act, a federal law passed in 1990 that requires federal agencies and museums to return Native American remains and cultural items to tribes.

Why did the Army think it didn’t have to follow NAGPRA?
The Army claimed its facilities were not “museums” under NAGPRA’s definition and therefore it was exempt from the law’s requirements for inventory, consultation, and repatriation.

Which court ruled that the Army must follow NAGPRA?
The U.S. District Court for the District of Columbia ruled in 2024 that the Army is not exempt from NAGPRA and must comply with the law.

How many Native American remains does the Army hold?
The exact number is unknown because the Army has not conducted a comprehensive inventory, but estimates suggest the Army Corps of Engineers alone may hold thousands of sets of remains and tens of thousands of cultural objects.

Can tribes request repatriation from the Army now?
Yes, tribes can now submit formal repatriation claims to the Army under NAGPRA, and the Army is required to engage in consultation and repatriate items upon request.

What happens if the Army refuses to comply with NAGPRA?
The Army faces civil penalties, including fines and legal liability, as well as potential criminal charges for willful violations. Tribes can also sue the Army in federal court to enforce compliance.

Do other military branches have to follow NAGPRA?
Yes, all branches of the U.S. military, including the Navy, Air Force, Marine Corps, and Coast Guard, are required to comply with NAGPRA if they hold Native American remains or cultural items.

How long does the NAGPRA repatriation process take?
The process can take several years, depending on the complexity of the case, the number of items involved, and the level of cooperation from the federal agency. Tribes should be prepared for a lengthy process.

Can the Army appeal the court’s NAGPRA ruling?
Yes, the Army can appeal the ruling to the U.S. Court of Appeals for the D.C. Circuit, but as of mid-2026, no appeal has been filed and the ruling stands as binding precedent.

What should tribes do if they think the Army has their ancestors’ remains?
Tribes should contact the National NAGPRA Program, request information from the Army, engage in consultation, and submit a formal repatriation claim. Legal assistance is available from organizations like the Native American Rights Fund.

Why did it take so long for a court to rule on the Army’s NAGPRA exemption?
The delay was due to a combination of factors, including lack of enforcement mechanisms, legal ambiguity, resource constraints for tribes, political resistance, and the complexity of NAGPRA cases.

What is the significance of the 2024 NAGPRA ruling?
The ruling is a landmark victory for tribal sovereignty and Indigenous rights. It confirms that NAGPRA applies to all federal agencies, closes a loophole that allowed the Army to avoid compliance, and sets a precedent for future enforcement.

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