Are scientific study and repatriation of human remains mutually exclusive or can both objectives be accommodated?
Both can be accommodated, depending on the particular circumstances of each situation. In some cases, scientific study may be necessary in order to determine whether NAGPRA is applicable and, if so, to determine appropriate disposition under the statute. Additionally, individuals or Indian tribes that exercise ownership and control of the remains under section 3 (a), insofar as Federal law is concerned, may study the remains, or authorize others to study the remains, as they see fit. • What law controls if the human remains are not subject to NAGPRA? If the human remains in question do not fall under NAGPRA, there are two possibilities. The first is that they may be archeological materials subject to ARPA. At this point, this office does not have enough information to know if the remains in question would be within the scope of ARPA, if they are not within the scope of NAGPRA. If neither NAGPRA nor ARPA apply, it is likely that state or local law would dictate the treatment of the rema
