The law of archaeology determines what constitutes an archaeological artifact, who has a claim to such an object, and the ultimate ownership and disposition of the resource. While federal law in the United States has governed archaeology as a discipline and practice since 1906, this corpus of legislation has been slow to consider the concept of indigenous heritage. For decades, law established federal ownership of Native and non-Native archaeological resources found on federal and tribal lands. Only recently, and not without ambiguity, has law extended to Native Americans proprietary rights to the material remains of their heritage. This paper examines how the role of legality that has shaped conceptions of indigeneity has been expressed in archaeology. In 1990, the Native American Graves Protection and Repatriation Act (NAGPRA) deviated from prior legislation by granting Natives legal standing to certain remains of their past. Yet, archaeologists and others have yet to examine in full how NAGPRA has reinforced, and at times exacerbated, the inequalities and power imbalances it was enacted to redress. This paper focuses on the burden of proof NAGPRA places with Native peoples, who must prove cultural affiliation or lineal descent in order to claim ownership of the legally defined category of heritage: human remains, funerary objects, sacred objects, and objects of cultural patrimony. This "burden of affiliation" exemplifies how Natives are required to engage with the Western legal system in order to assert repatriation claims, cultural property rights, and ownership title. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]