How does NAGPRA define “cultural affiliation”?
A. The NAGPRA law defines cultural affiliation as “a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group.” [25 USC 3001 (2)] Cultural affiliation is established when the preponderance of the evidence based on geographical, kinship, biological, archeological, linguistic, folklore, oral tradition, historical evidence, or other information or expert opinion – reasonably leads to such a conclusion. [43 CFR 10.2 (e)]. Q. Under NAGPRA, what is the status of remains that cannot currently be affiliated with a present day Indian tribe or Native American organization? A. When remains cannot currently be affiliated with a present day Indian tribe or Native Hawaiian organization, they are considered “culturally unidentifiable.” The designation of remains as “culturally unidentifiable” is not permanent, and is subject to re-evaluation as new informati
