Where Does My Museum Start with New NAGPRA Regulations – American Association of Museums

The following guidelines were developed with the assistance of subject matter experts in the field of museum studies.

The Native American Graves Protection and Repatriation Act (NAGPRA), enacted in 1990, is a landmark federal law that requires federal agencies and institutions receiving federal funds to return Native American human remains and cultural objects to their lineal descendants and culturally related Indigenous Nations. Cultural objects include funerary objects, sacred objects, and cultural heritage objects.

Moving forward to December 6, 2023, the Department of the Interior has announced significant changes to NAGPRA regulations. The new regulations emphasize greater respect for Native knowledge of lineal descendants and Native tribes, and importantly, limit the category of “culturally unidentified human remains.” This change underscores a shift toward empowering Native communities in the repatriation process. The revised regulations also streamline requirements for museums and federal agencies to inventory and identify human remains and Native American cultural objects in their collections, facilitating a more systematic process for identifying and returning these objects.

The new requirements emphasize relationship building and the duty of care to obtain informed consent from affiliated tribal representatives, even before exhibiting or researching American Indian human remains and/or cultural objects. This ensures that exhibits and research are consistent with the wishes and cultural practices of affiliated Native Tribes. However, the duty of care should not and should not distract from the primary focus of NAGPRA, which is repatriation.

Implementing the new NAGPRA regulations will require careful planning and consideration to ensure compliance with and respect for Native American religious and cultural objects. This step-by-step guide will help museum staff begin implementing the new requirements:

Educate and train staff

Start by educating staff about the update. This could include hosting workshops, hosting guest speakers, or providing online resources to ensure everyone understands the law’s significance and their role in compliance. Recognize that the new law prioritizes Indigenous ways of knowing and requires museums to explain their decisions in greater detail.

To create an organizational culture that values ​​collaboration and respect for Native American knowledge, it will be necessary to train all staff involved in NAGPRA compliance, including curators, collections managers, and outreach coordinators, on cultural sensitivity, legal obligations under NAGPRA, and best practices for working with Native American communities.

Establishment of the NAGPRA Committee

Establishing a dedicated NAGPRA committee that includes representatives from various stakeholder groups, museum staff, tribal representatives, legal advisors, and cultural experts can assist staff in overseeing NAGPRA compliance efforts and facilitate communication between the museum and Native American communities.

Establish relationships and consult with indigenous tribes and organizations

Establish open lines of communication with Native American tribes and organizations by attending tribal meetings, conferences, and events to meet with leaders and learn more about their cultural practices, concerns, and priorities. Always engage with tribal representatives and ask questions when in doubt to create a mutually respectful and transparent relationship.

Consult early and often

• Start building relationships before consultation is necessary and consult with tribal representatives early on.
• Although not required by NAGPRA regulations, involving Native Tribes in all decisions related to exhibition, research, and collections management can be a great way to move forward. NAGPRA requires this for Native American human remains and NAGPRA cultural items.
• Seek their feedback on exhibition design, signage, and interpretation to ensure accuracy and cultural sensitivity.

Provide clear information

• Clearly explain the purpose of each consultation.
• Share your knowledge of Native American human remains and cultural artifacts, discuss their significance, and solicit feedback.
• Be transparent about the intentions and limitations of your museum.

Respect tribal sovereignty

• Recognize tribal sovereignty and the right of indigenous tribes to make decisions about their cultural heritage.
• It is important to remember that indigenous tribes may have different perspectives and priorities.
• Be prepared to adjust your plans based on the feedback you receive.

Document Consultation

• Keep detailed records of all consultations, including meeting minutes, correspondence, and agreements. Consider sharing consultation notes with the consulting parties so they can redact anything that should remain confidential.
• Document how tribal influence influenced decisions.
• If necessary, these records can be used to prove compliance with NAGPRA requirements.

Rate the current collections

Conduct a thorough inventory of the museum’s collections to identify any potential Native American artifacts, human remains, and/or funerary objects. This inventory should include detailed information about the provenance, origin, and any associated cultural associations of each item.

• If they agree, invite representatives from the tribe you have established relationships with to help you and include them in any identification.
• Prioritize repatriation efforts based on tribal requests and cultural significance.
• Address all previously unidentified issues within five years of the effective date of the final regulation.

Develop clear policies and procedures

Create or update your museum’s policies and procedures related to NAGPRA compliance. This includes protocols for consulting with Native Tribes, handling repatriation requests, conducting research on collections (both accepted and rejected or withdrawn items) that may be covered by NAGPRA, and documenting repatriation activities.

Documentation review and revision

Review existing documentation related to Native American human remains and cultural objects in the museum’s collections, ensuring accuracy and completeness, and consult with consulting parties for verification. It is important to understand where your museum is in the NAGPRA process. If you are unsure about what has previously occurred at your museum, the National NAGPRA Program will be able to provide copies of previously submitted documentation. Revise documentation as needed to meet NAGPRA requirements.

1. Implementation of Repatriation Procedures: Develop clear procedures for handling repatriation requests and conducting repatriation ceremonies that take into account cultural protocols. This will include coordinating with tribal representatives, arranging for the return of items, and documenting the repatriation process.
2. Regular Review and Update: Establish a schedule for regular review and update of NAGPRA compliance procedures to ensure ongoing compliance with regulatory requirements and best practices. This may include conducting internal audits, seeking input from tribal partners, and staying current on changes to NAGPRA regulations.

Education of society

Engage in educational and outreach initiatives to increase awareness of NAGPRA and the museum’s compliance and repatriation efforts. This may include organizing public programs, publishing informational materials, and working with local schools and community organizations.

Be flexible and adaptable

• Please remember that consultation is an ongoing process.
• Be prepared to modify plans based on new information or changing tribal perspectives.
• Continue to learn and refine your approach.

Implementing updated NAGPRA regulations requires commitment, empathy, and a willingness to learn. By engaging in respectful consultation with Native American tribes and organizations, museums can help heal past inequities and build stronger relationships with Native communities.

Remember that each tribe is unique and there is no one size fits all approach. Tailor your consulting efforts to the specific needs and preferences of the Indigenous tribes you work with. Together we can honor cultural heritage while promoting understanding and cooperation.

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Additional resources

NAGPRA National Program https://www.nps.gov/subjects/nagpra/index.htm . Recorded webinars, resources and information documents, and templates. And the program staff is a great resource for questions [email protected].

NAGPRA Community of Practice https://www.nagpracommunityofpractice.com – This is a community for those involved or interested in implementing NAGPRA where they can meet, share resources, and learn from each other.

Minnesota History Center https://kstp.com/kstp-news/top-news/updated-federal-regulations-affecting-how-native-american-artifacts-are-displayed-in-museums/ article about answer to change NAGPRA regulations. The items currently on display are part of an exhibit called “Our house”which was developed with the participation of indigenous communities, so we believe that we are acting in accordance with the regulations.