New Federal Regulations Strengthen NAGPRA Compliance:

Free, Prior, and Informed Consent- A Call to Action for Institutions and Individuals


In a landmark announcement by the Interior Department, significant updates to the Native American Graves Protection and Repatriation Act (NAGPRA) regulations have been introduced, marking a pivotal advancement in the efforts to repatriate Native American remains and cultural items. These updates represent a comprehensive response to longstanding calls from Native communities and advocates for stronger measures to facilitate the return of ancestral remains and cultural heritage to their rightful custodians.

The final rule makes a number of changes, including:

  • Strengthening the authority and role of Tribes and NHOs in the repatriation process by requiring deference to the Indigenous Knowledge of lineal descendants, Tribes and NHOs.

  • Requiring museums and federal agencies to obtain free, prior and informed consent from lineal descendants, Tribes or NHOs before allowing any exhibition of, access to, or research on human remains or cultural items.

  • Eliminating the category “culturally unidentifiable human remains” and resetting the requirements for cultural affiliation to better align the regulations with congressional intent.

  • Increasing transparency and reporting of holdings or collections and shedding light on collections currently unreported under the existing regulation.

  • Requiring museums and federal agencies to consult and update inventories of human remains and associated funerary objects within five years of this final rule.

Central to these regulatory changes is the extension of the deadline for institutions to update their inventories of Native American human remains and associated funerary objects. Institutions now have a five-year window to complete this critical task and are required to publish these updated inventories in the Federal Register. This extension from the initially proposed two-year deadline reflects a thoughtful consideration of the extensive time needed for thorough and respectful consultations between museums, universities, and Native tribes—a foundational aspect of the repatriation process mandated by NAGPRA.

Moreover, these updated regulations introduce firmer mandates for institutions to secure tribal consent prior to the research use of Native American remains and cultural items. This shift towards requiring "free, prior, and informed consent" signifies a deeper acknowledgment of tribal sovereignty and the intrinsic rights of Native communities to oversee the scientific, educational, and cultural narratives of their ancestors and sacred objects.

The public unveiling of these regulatory enhancements during the White House Tribal Nations Summit underscores their significance within the broader agenda of honoring tribal sovereignty and reinforcing the government's commitment to rectifying historical injustices. This annual gathering of tribal leaders and federal officials served as an apt platform for reaffirming the collective responsibility to uphold the dignity, respect, and cultural heritage of Native American communities through more effective and meaningful repatriation processes.

These regulatory updates are a crucial step forward in the journey towards healing and reconciliation, offering renewed hope for the restoration of cultural integrity and the strengthening of ties between the United States and Native American tribes. Through these changes, the Interior Department aims to not only enhance the efficiency and effectiveness of the NAGPRA repatriation process but also to deepen the respect and acknowledgment of Native American cultures, histories, and rights at the national level.

Urban Native Collective has dedicated itself as an organization to stand with our Indigenous brothers and sisters resources and information. For more information on local Sacred Sites, please explore Turtle Island.

  • "The Urban Native Collective wholeheartedly supports these updated NAGPRA regulations as they reinforce respect for tribal sovereignty and Indigenous self-determination. Correctly conducting consultations and securing consent from Tribal Nations, as rightful stewards of their ancestor remains and cultural heritage, is absolutely vital.

    For far too long, Native communities have faced dismissal of their oral histories and traditional knowledge. We commend the regulatory shift towards mandating that institutions must defer to Tribal expertise when assessing cultural affiliation. This empowers Indigenous voices.

    Additionally, we strongly condemn the harmful practices of the past, including archaeological grave robbing that disturbed Native American burial sites and sacred ground. These were egregious human rights violations. Even today, illegal pot hunting and looting of Indigenous artifacts persists, with numerous documented cases of robberies from Native burial mounds and heritage sites across Ohio. This phenomenon urgently requires more oversight and protections.

    As an organization advocating for Urban Native communities, we stand firmly on the side of honoring and celebrating Native cultures, upholding tribal rights, facilitating ethical repatriation, and safeguarding Native American cultural patrimony for future generations. These NAGPRA updates represent real progress, but our collective work towards reconciliation and mutual understanding continues."


latest news

Latest News 3/18/2024

This is the second installment in a three-part series examining the impact of new rules under the Native American Graves Protection and Repatriation Act.

“Repatriation of ancestral remains and artifacts can help restore healing and balance to Indigenous communities and to the world…”

by Mary Annette Pember, Indian Country Today

Latest News 2/25/24

“On Cincinnati Edition, UNC’s Executive Director and Cincinnati Museum discuss why repatriation has been a long process, the new requirements and whether enough action is being taken.”

Latest News 1/29/24

“The 34-year-old federal law titled the Native American Graves Protection and Repatriation Act (NAGPRA) requires the “repatriation” of human remains, or the return of skeletons, bones or cremains to their tribes. In December, the law was updated to require institutions to obtain consent from tribes in order to display human remains and cultural items.”


Section 1: Overview of NAGPRA Updates

These updates to NAGPRA regulations represent a significant advancement in the legal framework governing the protection and repatriation of Native American cultural heritage, reflecting a deeper commitment to respecting tribal sovereignty, cultural rights, and the importance of collaboration and consent in the stewardship of Native American ancestral remains and cultural items.

  • The Native American Graves Protection and Repatriation Act (NAGPRA), enacted in 1990, represents a foundational statute in the protection of Native American cultural heritage. Its purpose is twofold: to facilitate the repatriation of Native American human remains and cultural items, including funerary objects, sacred objects, and objects of cultural patrimony, and to protect Native American burial sites on federal and tribal lands. NAGPRA requires institutions that receive federal funding—such as museums, universities, and federal agencies—to inventory their collections and identify items eligible for repatriation to affiliated tribes or Native Hawaiian organizations. The act mandates a process of consultation with Native American tribes, intending to rectify historical injustices by returning ancestors and their belongings to their rightful communities.

  • In a significant development, the Interior Department announced updates to NAGPRA regulations, extending the deadline for institutions to update their inventories of Native American collections to five years. This extension provides a more realistic timeframe for the meticulous process of cataloging human remains and associated cultural items, ensuring accuracy and thoroughness. Additionally, these updated inventories must now be published in the Federal Register, enhancing transparency and accountability in the repatriation process. This decision to extend the deadline from the initially proposed two years to five years came in response to feedback from both tribes and museums, highlighting the necessity of sufficient time for the detailed consultations that form the cornerstone of the repatriation process under NAGPRA.

  • A pivotal aspect of the regulatory updates is the strengthened mandate for obtaining tribal consent prior to conducting research on Native American remains and cultural items. This shift towards requiring "free, prior, and informed consent" marks a profound recognition of tribal sovereignty and the self-determination rights of Native communities in matters concerning their ancestors and cultural heritage. This regulatory enhancement underscores the importance of respectful and equitable partnerships between holding institutions and Native tribes, ensuring that research on cultural items is aligned with the wishes and cultural practices of Native American communities. The move towards a consent-based approach is a crucial step in honoring the dignity of Native ancestors and the living cultures connected to these ancestral remains and sacred objects.

Section 2: Implications for Collection Holders and Private Citizens

For Cincinnati collection holders and private citizens alike, these regulatory updates and the broader context of NAGPRA represent an opportunity to participate in a process of cultural reconciliation and respect for Native American heritage. By adhering to these guidelines and embracing the spirit of NAGPRA, individuals and institutions can contribute to a more just and respectful treatment of Native American cultural items and ancestral remains.

  • The recent updates to NAGPRA regulations have significant implications for museums, universities, and other institutions in Cincinnati that hold Native American collections. These changes underscore the urgency and importance of compliance with federal law, ensuring that the process of repatriating Native American human remains and cultural items is conducted with respect and sensitivity.
    Implications of Regulatory Changes:

    Extended Inventory Update Deadline: Institutions now have a five-year period to update their inventories, offering more time to accurately assess and catalog Native American collections. This extension is critical for conducting thorough and respectful consultations with Native tribes to determine the cultural affiliation of items.

    Publication Requirement: Updated inventories must be published in the Federal Register, increasing transparency in the repatriation process and allowing Native communities to be better informed about items that may belong to them.

    Enhanced Consultation and Consent: The emphasis on "free, prior, and informed consent" before research on Native American items highlights the importance of building meaningful relationships with Native tribes and respecting their sovereignty and cultural heritage.

    Steps for Compliance:

    Inventory Review and Update: Begin by reviewing and updating existing inventories of Native American human remains and cultural items. This may require additional research and consultation to ensure accuracy.

    Consultation with Native Tribes: Engage in meaningful consultation with potentially affiliated Native tribes. This involves not just notification but active dialogue to ascertain the cultural affiliation of items and the wishes of the tribes regarding repatriation.

    Publication in the Federal Register: Ensure that updated inventories are published in the Federal Register within the stipulated timeframe, adhering to the new transparency requirements.

  • Private citizens who may possess Native American cultural items or remains have a responsibility to understand the significance of these items and the importance of their repatriation to the appropriate Native communities.

    Guidance for Private Citizens:

    Identification of Native American Items: If you possess items that you believe could be Native American cultural items or remains, seek guidance from experts or consult with local Native American tribes to understand their significance.

    Understanding the Importance of Repatriation: Recognize that these items hold cultural, spiritual, and historical importance for Native communities. Repatriating them is a step towards rectifying historical injustices and honoring the heritage of Native peoples.

    Initiating the Repatriation Process: Contact the National NAGPRA Program or a local Native American tribe to discuss the items in your possession. They can guide you through the process of repatriation, ensuring that it is handled respectfully and in accordance with legal requirements.

  • Museums in Ohio, especially those with Native American collections, are called upon to comply fully with NAGPRA regulations. This compliance is not only a legal obligation but a moral one, reflecting a commitment to ethical stewardship of cultural heritage.

    Call to Action:

    Allocate Resources: Dedicate the necessary resources to inventory updates, consultation processes, and educational efforts to inform the public and the Urban Native population about NAGPRA and the significance of repatriation.

    Public Engagement: Develop programs and materials that educate the public about the importance of NAGPRA compliance and the role of museums in protecting and repatriating cultural heritage. This can foster greater understanding and support for repatriation efforts.

    Collaboration with Native Tribes: Strengthen partnerships with Native American tribes, ensuring that their voices are heard and respected in all matters related to their ancestors and cultural items. This collaborative approach is essential for meaningful compliance and the respectful handling of repatriation cases.


Resources

U.S. Department of the Interior, National NAGPRA Program:

The official site for the National NAGPRA program, which provides comprehensive resources, including regulatory updates, guidance for compliance, and inventory submission guidelines. Visit their website at nps.gov/nagpra.

National Congress of American Indians (NCAI)

NCAI often posts updates, resources, and advocacy materials related to NAGPRA and other issues affecting Native American communities. Check their official website at ncai.org for position statements, policy updates, and resources.

Directory of Tribal Nations

A directory of Tribal Nations curated by the BIA. This is a reference used by federal, state, and local governments for officially federally recognized Tribal Nations (576)

As we navigate the complexities and responsibilities outlined by the new federal regulations strengthening NAGPRA compliance, it becomes increasingly clear that the path to respect for Native Americans and Tribal Sovereignty requires the collective effort of institutions and individuals alike. This is not merely a legal obligation but a moral imperative to act with integrity, respect, and sensitivity towards the cultural heritage that has been entrusted to us.

For far too long, Native communities have faced dismissal of their oral histories and traditional knowledge. We commend the regulatory shift towards mandating that institutions must defer to Tribal expertise when assessing cultural affiliation. This empowers Indigenous voices.

Additionally, we strongly condemn the harmful practices of the past, including archaeological grave robbing that disturbed Native American burial sites and sacred ground. These were egregious human rights violations. Even today, illegal pot hunting and looting of Indigenous artifacts persists, with numerous documented cases of robberies from Native burial mounds and heritage sites across Ohio. This phenomenon urgently requires more oversight and protections.

In light of this, we urge all who possess or oversee Native American collections to embrace this call to action by reviewing your practices, engaging in open and respectful dialogue with Native communities, and taking proactive steps towards compliance. The Urban Native Collective is committed to supporting this journey and offers resources, guidance, and assistance to facilitate your compliance efforts and repatriation processes.

UNC invites you to reach out to us through our dedicated contact form available on our website. This form is designed to make communication accessible and straightforward, allowing you to inquire about NAGPRA regulations, seek advice on handling Native American collections, or request support in initiating repatriation efforts. Whether you are an institution looking to update your inventory, a private citizen in possession of cultural items, or simply seeking to learn more about how you can contribute to this vital process, your engagement is invaluable. Together, we can work towards a future where the cultural heritage of Native American communities is fully honored and respected.

Visit our website and fill out the contact form to connect with our office today. Let us join hands in making a positive impact and ensuring that the spirit and letter of NAGPRA are upheld for the benefit of present and future generations.