Comment from the Council for Museum Anthropology - CHAT

We are writing on behalf of the Council for Museum Anthropology, Archaeology Division, and Council on Heritage and the Anthropology of Tourism, three sections of the American Anthropological Association that represent museum anthropologists, archaeologists, and cultural resource, heritage, and tourism sector practitioners. On behalf of our sections and executive boards, we submit this comment in support of the Native American Graves Protection and Repatriation Act (NAGPRA), recently updated in January 2024. We urge the Department of the Interior to preserve NAGPRA from any rollback of its recently updated requirements or defunding of related programs; and to increase its efficiency by increasing financial and administrative support for its implementation. Recent Revisions Already Reduce Cost and Friction We believe the newly updated regulations already embody recent, robust regulatory review and public comment. In 2023, the National NAGPRA Program, under the Department of the Interior (DOI), revised relevant processes and established a more efficient regulatory program. This effort built on decades of strategic regulatory changes, NAGPRA Review Committee recommendations, and meaningful governmental engagement with stakeholders impacted by this law. We suggest re-starting that process introduces inefficiencies and confusion, creating a higher burden on all involved. The updated regulations add clarity and structure to the repatriation process. By eliminating ambiguities—such as the standard of “preponderance of the evidence”—and establishing new deadlines, they help avoid costly delays in meeting legislative goals. Clear expectations, revised timelines, and deference to Tribal knowledge reduce friction and facilitate more efficient, respectful outcomes. Lack of Support Challenges Timelines and Capacity At the same time, the accelerated timelines and new reporting mandates pose serious challenges for institutions with limited capacity or resources, i.e., most museums, university collections, and repositories—especially those with inherited processing backlogs and inadequate staffing. We note that representatives of Tribal Nations can best speak to similar challenges they may face. These challenges do not justify reversing NAGPRA; rather, they underscore the need for DOI, and its bureau the National Park Service, to offer robust administrative support, clear guidance, and grant funding to enable efficient and meaningful compliance across all museums, repositories, and collections subject to the law. Tribal Authority Facilitates Resolution and Improves Knowledge We affirm the principle, present in the 2024 update to the regulations, that officially designated representatives from sovereign Tribal Nations and Native Hawaiian Organizations are best equipped to determine their relationships with Ancestors and Cultural Items. Established U.S. Indian Law and human rights legal standards underpin this conviction. Therefore, we believe deference to Indigenous knowledge facilitates regulatory compliance. It also improves shared knowledge and scholarship; enhances dialogue between institutions and Tribes; enhances Tribal/U.S. government relations; and remains an ethical responsibility for the professions of museum anthropology and archaeology, whether codified into law or not. Closing Leadership of the Council for Museum Anthropology, Archaeology Division, and Council on Heritage and the Anthropology of Tourism support the current NAGPRA regulatory framework and urge against proposals to defund—and thereby delay or decrease efficiency in—its implementation. Instead, we ask DOI to enhance national interests by deepening support of the restitution, accountability, knowledge, and relationships repatriation under NAGPRA can bring. We call on the DOI to invest in NAGPRA’s successes by increasing funding for the National NAGPRA Program, as well as existing and/or new grant opportunities related to NAGPRA implementation. This investment is essential for museums to document and report holdings, consult with Tribal Nations and Native Hawaiian Organizations, and perform the restitutive actions needed to fulfill the law in an efficient, effective, and timely manner. We appreciate this opportunity to comment. This statement represents the view of members of the named sections. It should not be construed as representing the American Anthropological Association as a whole. The American Anthropological Association is a voluntary, non-profit, scholarly association. Membership is worldwide. It has diverse sections representing specialized interests within the field. Sincerely, Council for Museum Anthropology https://museumanthropology.org/ Archaeology Division https://ad.americananthro.org/ Council on Heritage and the Anthropology of Tourism https://chat.americananthro.org/