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PreprintCited by 0Indigenous Peoples' Rights and LawIndigenous Cultures and HistoryCultural Identity and Heritage

The DOI matches its Crossref record; none of the 204 sources its claims cite is checked for support yet.

“My Museum’s Reluctant Undertakers”: Repatriation After the 2023 NAGPRA Rule

Open access
Holtzman, Emily·2026·SSRN Electronic Journal
DOI 10.2139/ssrn.7227938
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Abstract

The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) recognized the rights of Indian Tribes and Native Hawaiian organizations to their own ancestral human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony. The promise of NAGPRA was to repatriate hundreds of thousands of ancestral human remains and millions of cultural items held in museum and federal agency collections. For more than three decades, NAGPRA facilitated significant victories for the project of repatriation, but structural shortcomings in NAGPRA's repatriation regime led Indian Tribes, legal scholars, and the Senate Committee on Indian Affairs to call for regulatory change. Promulgated on December 13, 2023, the newly revised final rule (hereinafter "2023 Rule"), includes updates to nearly every facet of NAGPRA. While repatriation professionals are generally supportive of the revision, its implementation has resulted in confusion and chaos. This Note evaluates the 2023 Rule and its interpretation in the museum world in the first year after its promulgation, then proposes the Department of the Interior and the National NAGPRA Program take specific steps to respond to new and old problems with NAGPRA. Part I gives an overview of American museum practices that led to the passage of NAGPRA. Part II describes NAGPRA's strengths and the weaknesses that led to a call for reform. Using firsthand accounts from legal and repatriation professionals, Part III begins with a survey of the 2023 Rule, reviews its most impactful reforms, and details barriers to compliance and questions that the 2023 Rule fails to address. Part IV proposes solutions to these issues, recommending the Department of the Interior strengthen its enforcement of NAGPRA and exploring how augmented enforcement could impact museums, federal agencies, and aggrieved parties. Part IV also suggests the National NAGPRA Program make certain changes to its online guidance and briefly addresses how public attention affects NAGPRA repatriation efforts. Although the 2023 Rule includes long-awaited reforms that will help revitalize NAGPRA, the 2023 Rule cannot reach its full potential until more attention and resources are directed toward fulfilling NAGPRA's original promise.

Overview

AI snapshot

Written from the paper’s full text.

TL;DR

This Note assesses the first year of the 2023 NAGPRA final rule, arguing it is an essential update—chiefly through eliminating the "culturally unidentifiable" (CUI) category and imposing compliance deadlines—but that it lacks the enforcement teeth, funding, and guidance needed to fulfill NAGPRA's promise. The author recommends that DOI expand National NAGPRA's enforcement capacity and begin proactive investigations, improve online guidance, and leverage public attention.

Key findings

  • The 2023 Rule (promulgated Dec. 13, 2023; effective Jan. 12, 2024) eliminates the CUI category, requires consultation to determine cultural affiliation, adds a duty of care requiring "free, prior, and informed consent" before exhibition, access, or research, and sets deadlines—including a five-year deadline (Jan. 10, 2029) for revised inventories of formerly-CUI holdings. As of 2022, roughly 117,000 ancestors remained in collections, 94% of them designated CUI; only 21% of museums and federal agencies had repatriated their full collections of Native American human remains, and only 42% of all such remains had been repatriated.
  • Enforcement is minimal: since 1996 the Assistant Secretary has collected only $59,111 in penalties and settlements (less than $60,000 across NAGPRA's lifetime), and of 141 allegations of failure to comply received since 1996, 73 were still pending by 2024 (68 resolved, 23 substantiated, 12 resulting in civil penalties or monetary settlements). Investigations begin only reactively, upon written allegation.
  • Funding is the single greatest barrier: National NAGPRA distributed $3.4 million in grants in 2024 to 13 tribes and 21 museums (over $62 million since 1994), while Arizona State University required $1.5 million for repatriation from 2021–2024 and projects over $10 million in costs over the next ten years without expanding its team; the Field Museum doubled its repatriation team from three to six employees.
  • The 2023 Rule removes all references to Indian groups without federal recognition and bars repatriation to them, disadvantaging groups such as the Karankawa Kadla; it also leaves unresolved questions about research consent (a perceived "catch-22" of needing consent to determine whom to ask for consent) and about competing tribal claims, where geography-only affiliation may disadvantage tribes like the Hopi relative to the Navajo Nation.

Methods

  • Doctrinal legal analysis of NAGPRA, the 2023 Rule, the 2022 Draft Rule, the 2010 Rule, and the Preamble, organized in four parts: pre-NAGPRA collecting history, NAGPRA's successes and pitfalls (1990–2023), the 2023 Rule's reforms and barriers, and proposed solutions.
  • Evidence includes firsthand accounts from Zoom interviews with legal and repatriation professionals (including S. Yasir Latifi of AMNH, Steve Nash, June Carpenter and Sarah Ebel of the Field Museum, David Tarler of National NAGPRA, Trevor Reed, Chris Caseldine, and Eden Burgess), National NAGPRA webinar transcripts, public comment letters, and National NAGPRA Program reports (FY2022 and FY2024).
  • Quantitative claims draw on the 2024 National NAGPRA Program Report, 2022 Senate Committee on Indian Affairs testimony, and published scholarship (e.g., Nash & Colwell 2020).

Limitations

  • The paper states that aspects of NAGPRA related to new excavations are outside its scope, and the author discloses that she has worked as a legal intern at the American Museum of Natural History, stating that all views are her own.
  • Evident from the text: the assessment covers only the first year after promulgation, so implementation outcomes are preliminary; the interview sample is small and concentrated among practitioners at a few large institutions (AMNH, the Field Museum, Arizona State University) and National NAGPRA, which may not represent the full range of collecting institutions or tribes.
  • Evident from the text: several key figures (e.g., the 117,000 remaining ancestors and 94% CUI share) derive from 2022 testimony rather than current data, and the discussion of funding jeopardy under the Trump administration is speculative and time-bound.

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.2139/ssrn.7227938

Cites

Statistics

Nothing to recompute.

Verification

Claims the paper makes

0 of 204 cited sources checked · 0 supported · 0 flagged

  • Findingcitation

    NAGPRA offices at museums, even major institutions, also lack funds to shoulder their new NAGPRA duties.

    “NAGPRA offices at museums--even major institutions-also lack funds to shoulder their new NAGPRA duties.”
    Quote in the paperSubstantial claim
  • Findingcitation

    Turnover in THPO roles can be high due to the emotional difficulty of their work.

    “turnover in THPO roles can be high due to the emotional difficulty”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [194]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Findingcitation

    In some cases, when an Indian Tribe does not have a THPO, it will cede control of a repatriation to another Indian Tribe with more resources.

    “In some cases, when an Indian Tribe does not have a THPO, it will cede control of a repatriation to another Indian Tribe with more resources”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [196]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Findingcitation

    Vacancies in THPO roles can be difficult to fill because the job requires both expertise and, often, a willingness to live near the tribe.

    “vacancies can be difficult to fill because the job requires both expertise and, often, a willingness to live near the tribe.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [195]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Findingcitation

    In the past, there may have been no publicly available evidence of a museum's bad-faith determination that human remains and cultural items are CUI.

    “For example, in the past, there may have been no publicly available evidence of a museum's bad-faith determination that human remains and cultural items are CUI.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [262]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. 80
  • It may state two separate claims as one. 57
  • The quote only partly states this claim. 2

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds. It may state two separate claims as one. The quote only partly states this claim.

    Findingnone given

    Repatriation professionals are generally supportive of the 2023 Rule revision, though with concerns about compliance and funding.

    “repatriation professionals are generally supportive of the revision”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Findingnone given

    For more than three decades, NAGPRA facilitated significant victories for the project of repatriation.

    “For more than three decades, NAGPRA facilitated significant victories for the project of repatriation”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Findingcitation

    Given the private nature of collections management, National NAGPRA receives few complaints and even fewer that provide enough evidence to prompt further investigation.

    “Given the private nature of collections management, National NAGPRA receives few complaints and even fewer that provide enough evidence to prompt further investigation.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [32]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.

    Findingnone given

    The implementation of the 2023 Rule has resulted in confusion and chaos.

    “its implementation has resulted in confusion and chaos.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim.

    Findingcitation

    Over the next ten years, without expanding his team, the costs of repatriation at Arizona State University will reach over $10 million.

    “He estimates that over the next ten years, without expanding his team, the costs of repatriation at Arizona State University will reach over $10 million.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [203]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it.

    Findingcitation

    This type of expansion requires repatriation professionals to engage in the difficult task of convincing their superiors that NAGPRA must be treated and funded like an organizational priority.

    “this type of expansion requires repatriation professionals to engage in the difficult task of convincing their superiors that NAGPRA must be treated-and funded-like an organizational priority.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [200]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Since 2023, the Field Museum has doubled its repatriations team from three to six employees and, for the first time, initiated fundraising efforts to directly support its repatriation work.

    “Since 2023, the Field Museum has doubled its repatriations team from three to six employees and, for the first time, initiated fundraising efforts to directly support its repatriation work.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [199]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Most THPOs simply do not have sufficient resources to keep up with the demand to fulfill these requests, let alone to produce annual NAGPRA grant applications.

    “Most THPOs simply do not have sufficient resources to keep up with the demand to fulfill these requests, let alone to produce annual NAGPRA grant applications.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [192]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may state two separate claims as one.

    Findingcitation

    Despite these grants, the Field Museum's repatriation work suffers from insufficient funding and staff.

    “despite these grants, the museum's repatriation work suffers from insufficient funding and staff.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [198]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Findingcitation

    From 2021 to 2024, Arizona State University required $1.5 million to support its NAGPRA repatriation efforts.

    “Arizona State University required $1.5 million to support its”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [202]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Funding for Tribal Historic Preservation Offices covers an average of only one staff member and cannot be used to cover a THPO's NAGPRA duties.

    “for Tribal Historic Preservation Offices covers an average of only one staff member and cannot be used to cover a THPO's NAGPRA duties.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [191]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Findingnone given

    So far, NAGPRA has not been threatened directly.

    “So far, NAGPRA has not been threatened directly”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Findingcitation

    Most NAGPRA practitioners at museums want to be as accurate as possible and are seeking guidance on how to comply with the 2023 Rule.

    “most practitioners want to be as accurate as possible, and they are seeking guidance on how to do so in compliance with the 2023 Rule.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [229]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Findingcitation

    Consultation is a core fallback answer for National NAGPRA.

    “This piece of guidance is a core fallback answer for National NAGPRA.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [233]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Two tribes made competing requests to the Field Museum for repatriation of cultural items, and the Field Museum concluded that it could not determine the appropriate requestor.

    “For example, two tribes made competing requests to the Field Museum for repatriation of cultural items, and the Field Museum concluded that it could not determine the appropriate requestor.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [237]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Now, one tribe wishes to restrict access to the items using the 2023 Rule's consent requirement, but the other tribe does not.

    “Now, one tribe wishes to restrict access to the items using the 2023 Rule's consent requirement, but the other tribe does not.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [239]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Premisenone given

    The 2023 Rule includes updates to nearly every facet of NAGPRA.

    “includes updates to nearly every facet of NAGPRA.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. It may be too vague to check against evidence. It may state two separate claims as one.

    Interpretationreasoning

    The 2023 Rule is an essential update to NAGPRA, but it does not do enough to ensure proper enforcement and explanation of the new regulations.

    “This Note argues that the 2023 Rule is an essential update to NAGPRA, but it does not do enough to ensure proper enforcement and explanation of the new regulations.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper may give no reason why it holds.

    Premisenone given

    Structural shortcomings in NAGPRA's repatriation regime led Indian Tribes, legal scholars, and the Senate Committee on Indian Affairs to call for regulatory change.

    “structural shortcomings in NAGPRA's repatriation regime led Indian Tribes, legal scholars, and the Senate Committee on Indian Affairs to call for regulatory change.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Premisenone given

    The 2023 Rule represents the most significant update to NAGPRA since its passage in 1990.

    “The 2023 Rule represents the most significant update to NAGPRA since its passage in 1990”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    NAGPRA's promise was to repatriate hundreds of thousands of ancestral human remains and millions of cultural items held in museum and federal agency collections.

    “The promise of NAGPRA was to repatriate hundreds of thousands of ancestral human remains and millions of cultural items held in museum and federal agency collections.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites S. Rep. No. 101-473

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Premisenone given

    The 2023 Rule reflects reforms that Native Americans and collecting institutions have called upon DOI to implement for years.

    “reflecting reforms that Native Americans and collecting institutions have called upon DOI to implement for years.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    CUI designations relieve museums of some of their burdens under NAGPRA while allowing them to retain possession of certain human remains and associated funerary objects, which stay available for museum study.

    “CUI designations relieve museums of some of their burdens under NAGPRA while allowing them to retain possession of certain human remains and associated funerary objects, which stay available for museum study.96”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [96]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    NAGPRA recognizes the rights of lineal descendants, Indian Tribes, and Native Hawaiian organizations to cultural property in five categories: ancestral human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony.

    “to cultural property in five categories: ancestral human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites S. Rep. No. 101-473

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    Sherry Hutt, former director of National NAGPRA, referred to this practice as self-elimination from compliance obligation by deft use of CUI.

    “Sherry Hutt, former director of National NAGPRA, referred to this practice as”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [100]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisecitation

    NAGPRA has two primary transformative effects: recognizing Native Americans' right to repatriation and affirming the legitimacy of traditional forms of Indigenous knowledge.

    “NAGPRA has two primary transformative effects: (1) recognizing Native Americans' right to repatriation 64 and (2) affirming the legitimacy of traditional forms of Indigenous knowledge.65”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites [64]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [65]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    Even when there was a claim, museums were not held accountable for missed deadlines and non-compliance; the Fiscal Year 2024 Report for National NAGPRA shows less than $60,000 in penalties collected across the entire lifetime of NAGPRA.

    “Even when there was a claim, museums were not held accountable for missed deadlines and non-compliance; the Fiscal Year 2024 Report for National NAGPRA shows less than $60,000 in penalties collected across the entire lifetime of NAGPRA.118”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [118]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    At its passage in 1990, NAGPRA was first-of-its-kind legislation recognizing the rights of Indigenous peoples of the United States to their own cultural property and ancestral remains.

    “At its passage in 1990, NAGPRA was first-of-its-kind legislation recognizing the rights of Indigenous peoples of the United States to their own cultural property and ancestral remains.80”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [80]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper may give no reason why it holds. It may state two separate claims as one.

    Premisenone given

    Practitioners also took issue with the destruction of ancestors, institutional sluggishness, lack of agency enforcement, exclusion of Indian groups without federal recognition, and limited tribal influence in dealings with museums.

    “Practitioners also took issue with the destruction of ancestors, institutional sluggishness, lack of agency enforcement, exclusion of Indian groups without federal recognition, and limited tribal influence in dealings with museums.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    The remains in the Chaco Canyon study were under the legal control of AMNH, and the museum permitted the research.

    “The remains were under the legal control of AMNH, and the museum permitted the research.110”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [110]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    Although several present-day Indian Tribes are affiliated with the lands in and around Chaco Canyon, AMNH deemed the remains CUI based on factors including the age of the human remains and competing claims of cultural affiliation from the Hopi Tribe and Navajo Nation.

    “Although several present-day Indian Tribes are affiliated with the lands in and around Chaco Canyon, AMNH deemed the remains CUI based on factors including the age of the human remains and competing claims of cultural affiliation from the Hopi Tribe and Navajo Nation.111”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [111]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    NAGPRA was passed to provide for the protection of Native American graves and the repatriation of Native American remains and cultural patrimony.

    “NAGPRA was passed to”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites S. Rep. No. 101-473

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    The rate of repatriations increased over time; in 2005, 30,000 ancestors or individuals, 600,000 associated and unassociated funerary objects, and 1,200 sacred objects had been repatriated.

    “The rate of repatriations increased over time; in 2005, 30,000 ancestors or individuals, 600,000 associated and unassociated funerary objects, and 1,200 sacred objects had been repatriated.See Rothberg, supra note 53, at 1564.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [53]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    NAGPRA defines five categories of Native American items eligible for protection: human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony.

    “NAGPRA defines five categories of Native American items eligible for protection, often referred to collectively as”
    Quote in the paperNot a substantial claim0 of 3 sources checked
    • cites [66]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [67]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [68]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    As of 2022, there were approximately 117,000 ancestors still housed in collections; of those, 94% were CUI.

    “As of 2022, there were approximately 117,000 ancestors still housed in collections; 102 of those, a staggering 94% were CUI.103”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites [102]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [103]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationcitation

    These shortcomings persisted because NAGPRA's enforcement system was too weak to compel minimum compliance from museums and federal agencies and National NAGPRA lacked capacity to complete its ongoing investigations in a timely manner.

    “These shortcomings persisted because NAGPRA's enforcement system was too weak to compel minimum compliance from museums and federal agencies and National NAGPRA lacked capacity to complete its ongoing investigations in a timely manner.119”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [119]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationreasoning

    To push collecting institutions to devote more resources to NAGPRA and complete repatriations with greater urgency, a stronger enforcement arm, along with greater regulatory clarity and increased public attention, is required.

    “To push collecting institutions to devote more resources to NAGPRA and complete repatriations with greater urgency, a stronger enforcement arm, along with greater regulatory clarity and increased public attention, is required.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Stronger enforcement, regulatory clarity, and increased public attention will cause collecting institutions to devote more resources to NAGPRA and complete repatriations with greater urgency.
    • Rests on an assumption: Public attention impacts NAGPRA repatriation efforts.

  • Probably not a substantial claim.

    Interpretationcitation

    The Chaco Canyon study and subsequent outcry from tribes and academics underscored the need to revise and strengthen the regulatory protections for Native American human remains and cultural items in research institutions.

    “Consequently, the study and subsequent outcry from tribes and academics 113 underscored the need to revise and strengthen the regulatory protections for Native American human remains and cultural items in research institutions.114”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites [113]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [114]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Premisecitation

    Under NAGPRA, cultural affiliation refers to 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.

    “Under the statute, cultural affiliation refers to”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [74]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    In performing destructive analysis, AMNH's approach to tribal consultation was incongruous with that employed by other institutions holding ancestral remains and objects from the same archaeological culture and was decades behind industry standards for consultation.

    “In performing destructive analysis,”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [112]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationcitation

    Weiss and Springer incorrectly argue this loophole is central to NAGPRA, providing for the repatriation of culturally affiliated human remains while maintaining a rich collection of CUI human remains for anthropologists to study.

    “Anthropologist Elizabeth Weiss and attorney James Springer incorrectly argue this loophole is central to NAGPRA, providing for the repatriation of culturally affiliated human remains while maintaining a rich collection of CUI human remains for anthropologists to study.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    Though DOI determined that the remains in Bonnichsen were Native American, the Ninth Circuit disagreed and found in favor of the plaintiffs, a group of anthropologists who argued Indian Tribes did not have a right to the Ancient One's remains because the remains were too old to be considered Native American.

    “Though DOI determined that the remains were Native American, the Ninth Circuit disagreed.It found in favor of the plaintiffs, a group of anthropologists who argued Indian Tribes did not have a right to the Ancient One's remains because the remains were too old to be considered Native American.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    By 2024, of the 141 allegations of failure to comply received since 1996, 73 were still pending, and the backlog was growing.

    “By 2024, of the 141 allegations of failure to comply received since 1996, 73 were still pending, 120 and the backlog was growing.121”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites [120]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [121]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisenone given

    Bonnichsen, the single most infamous NAGPRA court decision, concerns the disposition of the 8,000-year-old remains of the Ancient One, found near Kennewick, Oregon in 1996 on lands managed by the Army Corps of Engineers.

    “Crucially, Bonnichsen, the single most infamous NAGPRA court decision, concerns the disposition of the 8,000-year-old remains of the Ancient One, found near Kennewick, Oregon in 1996 on lands managed by the Army Corps of Engineers.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    The 2023 Rule was promulgated on December 13, 2023.

    “DOI promulgated on December 13, 2023 (the”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    Until recently, National NAGPRA had never had a full-time staff member assigned to support the Assistant Secretary's investigations, which aggravated this problem.

    “Until recently, National NAGPRA had never had a full-time staff member assigned to support the Assistant Secretary's investigations, which aggravated this problem.122”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [122]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Premisenone given

    A museum's legal obligation to repatriate under NAGPRA arises only when that museum has culturally affiliated an item with a lineal descendant, Indian Tribe, or NHO that requests repatriation.

    “Cultural affiliation is the key to repatriation-a museum's legal obligation to repatriate under NAGPRA arises only when that museum has culturally affiliated an item with a lineal descendant, Indian Tribe, or NHO that requests repatriation.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisecitation

    The Panel for a National Dialogue on Museum/Native American Relations struggled to come to a consensus about how to handle culturally unidentifiable human remains, but it agreed that federal legislation on this matter was needed.

    “The Panel struggled to come to a consensus about how to handle culturally unidentifiable human remains, but it agreed that federal legislation on this matter was needed.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    While NAGPRA sets limits on scientific study after a culturally affiliated party makes a request for repatriation, a loophole allowed museums to continue performing destructive analysis on CUI remains because CUI remains were, by their nature, not culturally affiliated with any lineal descendant, Indian Tribe, or NHO.

    “While NAGPRA sets limits on scientific study after a culturally affiliated party makes a request for repatriation, 106 a loophole allowed museums to continue performing destructive analysis on CUI remains because CUI remains were, by their nature, not culturally affiliated with any lineal descendant, Indian Tribe, or NHO.107”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites [106]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [107]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Premisecitation

    NAGPRA regulations defined CUI as referring to human remains and associated funerary objects in museum or Federal agency collections for which no lineal descendant or culturally affiliated Indian tribe or Native Hawaiian organization has been identified through the inventory process.

    “NAGPRA regulations defined CUI as referring to”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [94]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    By 2022, only 21% of museums and federal agencies had repatriated their full collections of Native American human remains, and only 42% of all Native American human remains had been repatriated.

    “By 2022, only 21% of museums and federal agencies had repatriated their full collections of Native American human remains, 97 and only 42% of all Native American human remains had been repatriated.98”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites [97]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [98]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    Publication of pending comprehensive NAGPRA regulations will rectify over 30 years of confusing guidance that enabled stalled repatriation and litigation.

    “Publication of pending comprehensive NAGPRA regulations will rectify over 30 years of confusing guidance that enabled stalled repatriation and litigation.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [133]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    According to one DOI official, the primary goal of the 2023 Rule is to simplify and improve the regulatory process for repatriation.

    “According one DOI official, the primary goal of the 2023 Rule is”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [135]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    ProPublica reported the Field Museum has received more federal money to comply with NAGPRA than any other institution in the country.

    “ProPublica reported the Field Museum “has received more federal money to comply with NAGPRA than any other institution in the country.””
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [197]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds. It may state two separate claims as one.

    Interpretationcitation

    This long-awaited increased pressure on museums and federal agencies to determine cultural affiliation for these remains has already had, and will continue to have, an enormous positive impact on the pace of repatriations.

    “This long-awaited increased pressure on museums and federal agencies to determine cultural affiliation for these remains has already had-and will continue to have-an enormous positive impact on the pace of repatriations.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [144]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Interpretationcitation

    Overall, most disagreements about NAGPRA arise out of conflicting views of how best to fulfill its promise, not conflicts over the validity of the law itself.

    “Overall, most disagreements about NAGPRA arise out of conflicting views of how best to fulfill its promise, not conflicts over the validity of the law itself.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [184]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationnone given

    The 2023 Rule has largely been well-received by NAGPRA practitioners, but its failure to provide sufficient guidance, funding, or incentives threatens its potential for efficacy.

    “The 2023 Rule has largely been well-received by NAGPRA practitioners, but its failure to provide sufficient guidance, funding, or incentives threatens its potential for efficacy.”
    Quote in the paperSubstantial claim

  • It may state two separate claims as one.

    Premisecitation

    While CUI collections were not previously published in notices of inventory completion, the 2023 Rule requires published notices of inventory completion to include all NAGPRA-eligible human remains and cultural items regardless of cultural affiliation.

    “Third, while CUI collections were not previously published in notices of inventory completion, the 2023 Rule requires published notices of inventory completion to include all NAGPRA-eligible human remains and cultural items regardless of cultural affiliation.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [144]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • The quote only partly states this claim.

    Interpretationcitation

    A lack of funding for THPOs has a direct impact on Indian Tribes' ability to participate in NAGPRA repatriations.

    “impact on Indian Tribes' ability to participate in NAGPRA repatriations.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [196]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.

    Interpretationnone given

    The 2023 Rule has confused museums into inaction.

    “confused museums into inaction”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Interpretationcitation

    This new system provides tribes with far more access and transparency in cultural affiliation decisions.

    “This new system provides tribes with far more access and transparency in cultural affiliation decisions.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [145]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.

    Interpretationnone given

    The 2023 Rule fills many of the gaps in the previous NAGPRA regime.

    “Though the 2023 Rule fills many of the gaps in the previous NAGPRA regime”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Interpretationcitation

    Despite mixed reactions to the draft rule and new challenges presented by the 2023 Rule, even heavily impacted institutions recognize the importance of the revision and generally support its goals.

    “Despite mixed reactions to the draft rule and new challenges presented by the 2023 Rule, even heavily impacted institutions recognize the importance of the revision and generally support its goals.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [185]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationcitation

    To bring home all of the ancestors and all of the cultural objects remaining in collections, the NAGPRA regulations needed a modern overhaul.

    “To bring home all of the ancestors and all of the cultural objects remaining in collections, the NAGPRA regulations needed a modern overhaul.133”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [133]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    The 2023 Rule allows multiple Indian tribes or NHOs to be culturally affiliated with the same human remains or cultural item and bring joint requests for repatriation.

    “allowing multiple Indian tribes or NHOs to be culturally affiliated with the same human remains or cultural item and bring joint requests for repatriation.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [156]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    In addition to the five-year deadline for submitting inventories of formerly-CUI collections, § 10.10 of the 2023 Rule sets deadlines for completion of inventories of certain other collections, submission of notices of inventory completion, responses to requests for repatriation, and repatriations.

    “In addition to the five-year deadline for submitting inventories of formerly-CUI collections, § 10.10 of the 2023 Rule sets deadlines for completion of inventories of certain other collections, submission of notices of inventory completion, responses to requests for repatriation, and repatriations.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [177]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Interpretationnone given

    The single greatest barrier to repatriation is lack of resources for both tribes and museums.

    “The single greatest barrier to repatriation is lack of resources for both tribes and museums”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    The change was meant to emphasize and recognize that the Act reflects the unique relationship between the federal government and Indian Tribes and NHOs.

    “Though this change was meant to “emphasize[ ] and recognize[ ] that the Act reflects the unique relationship between the federal government and Indian Tribes and NHOs,””
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [164]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationcitation

    In practice, enforcement has been lackluster, self-administered by museums, and difficult for tribes and individuals to access.

    “Though National NAGPRA Program Manager Melanie O'Brien has stated that the civil penalties assessed do not represent the degree of enforcement that has occurred, 124 in practice, enforcement has been lackluster, self-administered by museums, and difficult for tribes and individuals to access.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [124]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper may give no reason why it holds.

    Interpretationnone given

    The 2023 Rule has neglected to address the potential nuances of relationships between tribes.

    “neglected to address the potential nuances of relationships between tribes.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper may give no reason why it holds.

    Interpretationnone given

    The 2023 Rule has exacerbated funding problems.

    “it has also exacerbated funding problems”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim.

    Premisecitation

    Practitioners might believe National NAGPRA has not produced a necessary guidance resource, unaware it is available on a difficult-to-find corner of the website.

    “Practitioners might believe National NAGPRA has not produced a necessary guidance resource, unaware it is available on a difficult-to-find corner of the website.302”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [302]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Premisecitation

    NAGPRA prioritizes the rights of lineal descendants, Indian Tribes, and NHOs to control their ancestral human remains and cultural items, including in exhibition, access, and research.

    “Tarler's framing emphasizes that, regardless of practitioners' desire for accuracy, NAGPRA prioritizes the rights of lineal descendants, Indian Tribes, and NHOs to control their ancestral human remains and cultural items, including in exhibition, access, and research.291”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [291]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.

    Interpretationreasoning

    By expanding its enforcement capacity and proactively investigating failures to comply with the 2023 Rule, National NAGPRA can push collecting institutions to make NAGPRA an institutional priority backed by sufficient financial support, leading to full and timely compliance.

    “By expanding its enforcement capacity and proactively investigating failures to comply with the 2023 Rule, National NAGPRA can push collecting institutions to make NAGPRA an institutional priority backed by sufficient financial support, leading to full and timely compliance.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Public attention affects donor funding for NAGPRA.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Interpretationreasoning

    National NAGPRA's online guidance will play a critical role in the expansion of NAGPRA enforcement.

    “National NAGPRA's online guidance will play a critical role in the expansion of NAGPRA enforcement.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Interpretationreasoning

    Once more investigators are hired and DOI begins proactively investigating failures of museums and federal agencies to comply with NAGPRA and the 2023 Rule, National NAGPRA's website will be the primary source of guidance for practitioners seeking to understand the new regime.

    “Once more investigators are hired and DOI begins proactively investigating failures of museums and federal agencies to comply with NAGPRA and the 2023 Rule, National NAGPRA's website will be the primary source of guidance for practitioners seeking to understand the new regime.295”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [295]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • Rests on an assumption: More investigators will be hired and DOI will begin proactively investigating failures of museums and federal agencies to comply with NAGPRA and the 2023 Rule.

  • It may state two separate claims as one.

    Interpretationcitation

    Although the memorandum was quickly rescinded and the measure was blocked by two federal judges, federal grants remain in jeopardy.

    “Although the memorandum was quickly rescinded and the measure was blocked by two federal judges, federal grants remain in jeopardy.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [213]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationreasoning

    Of the available enforcement options, favoring settlement over civil penalties most effectively advances NAGPRA's dual aims of ensuring compliance and promoting repatriation to lineal descendants, Indian Tribes, and NHOs.

    “Of the available enforcement options, this approach most effectively advances NAGPRA's dual aims of ensuring compliance and promoting repatriation to lineal descendants, Indian Tribes, and NHOs.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [271]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationreasoning

    The 2023 Rule, as it exists today, lacks both the funding and the incentives necessary to complete its task.

    “The 2023 Rule makes great strides in drawing the NAGPRA community closer to this future, but, as it exists today, it lacks both the funding and the incentives necessary to complete its task.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationcitation

    National NAGPRA can smooth implementation of the 2023 Rule through targeted improvements to its online guidance for practitioners.

    “In addition to strengthening NAGPRA through increased enforcement, National NAGPRA can smooth implementation of the 2023 Rule through targeted improvements to its online guidance for practitioners.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [286]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationcitation

    Increasing National NAGPRA's enforcement capacity and proactivity will increase museums' incentives for compliance and push them to prioritize their repatriation efforts.

    “Increasing National NAGRPRA's enforcement capacity and proactivity will increase museums' incentives for compliance and push them to prioritize their repatriation efforts.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [273]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Interpretationreasoning

    DOI can use its power to expand NAGPRA enforcement immediately, without attempting to amend NAGPRA or waiting until a future rule revision.

    “DOI can use this power to expand NAGPRA enforcement immediately, without attempting to amend NAGPRA or waiting until a future rule revision.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [257]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. It may state two separate claims as one.

    Interpretationcitation

    Small changes, like improving the National NAGPRA website, can have large impacts on practitioners, and, subsequently, on NAGPRA outcomes.

    “Small changes, like improving the National NAGPRA website, can have large impacts on practitioners, and, subsequently, on NAGPRA outcomes.308”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [308]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationreasoning

    National NAGPRA's one-size-fits-all prescription to answer questions through consultation is plainly inadequate in complex situations like the Field Museum dispute.

    “In a situation this complex, National NAGPRA's onesize-fits-all prescription to answer questions through consultation is plainly inadequate.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [241]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisecitation

    Several pages of National NAGPRA's website can only be accessed by following an unintuitive path of links, and some pages have abnormal headers that trap the user in dead ends.

    “Several pages can only be accessed by following an unintuitive path of links, and some pages have abnormal headers that trap the user in dead ends.301”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [301]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may state two separate claims as one.

    Interpretationreasoning

    National NAGPRA's enforcement practices can be made more proactive without revising the 2023 Rule because the authority to do so already lies within the text of the regulations.

    “Fortunately, National NAGPRA's enforcement practices can be made more proactive without revising the 2023 Rule-the authority to do so already lies within the text of the regulations.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [254]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds. It may state two separate claims as one.

    Interpretationnone given

    On some tribal lands, disparities between historical homelands and modern reservation borders mean geography is a matter not only of where but of when, and this nuance is overlooked in the 2023 Rule.

    “Additionally, on some tribal lands, disparities between historical homelands and modern reservation borders mean geography is a matter not only of where but of when, and this nuance is overlooked in the 2023 Rule.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Interpretationcitation

    If NAGPRA is targeted by the current administration as a diversity, equity, and inclusion measure, these grants could be on the chopping block.

    “if NAGPRA is targeted by the current administration as a diversity, equity, and inclusion (DEI) measure, these grants could be on the chopping block.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [210]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    Employees at the National Science Foundation have combed through grant proposals and excised forbidden keywords, often related to DEI.

    “employees at the National Science Foundation have combed through grant proposals and excised forbidden keywords, often related to DEI.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [212]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds. It may state two separate claims as one.

    Interpretationnone given

    National NAGPRA and museum professionals often talk past one another in discussions of the research consent requirement, and National NAGPRA's reluctance to confront the issue directly in its guidance has created unnecessary confusion.

    “National NAGPRA and museum professionals often talk past one another in discussions of the research consent requirement, and National NAGPRA's reluctance to confront the issue directly in its guidance has created unnecessary confusion.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim. The paper may give no reason why it holds. It may state two separate claims as one.

    Interpretationnone given

    Research museums possess old, uncatalogued collections and cannot compile accurate inventories without at least some minimal access and research.

    “Even though research museums possess old, uncatalogued collections and cannot compile accurate inventories without at least some minimal access and research.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    Regulatory efforts to improve and enforce NAGPRA are driven by and work in tandem with social pressure from the public.

    “Regulatory efforts to improve and enforce NAGPRA are driven by and work in tandem with social pressure from the public.303”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [303]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Interpretationcitation

    If human remains or cultural items are geographically affiliated with Navajo Nation and the Hopi Tribe brings a competing claim, the Hopi Tribe may lose the dispute unless it can come up with sufficient evidence to overcome the geographic affiliation.

    “If human remains or cultural items are geographically affiliated with Navajo Nation and the Hopi Tribe brings a competing claim, the Hopi Tribe may lose the dispute unless it can come up with sufficient evidence to overcome the geographic affiliation.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [245]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationreasoning

    By changing its approach, expanding its team, and opening proactive investigations, National NAGPRA can completely reshape the landscape of NAGPRA enforcement without waiting for the next rule revision.

    “By changing its approach, expanding its team, and opening proactive investigations, National NAGPRA can completely reshape the landscape of NAGPRA enforcement without waiting for the next rule revision.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [264]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper may give no reason why it holds.

    Interpretationcitation

    Until National NAGPRA begins responding to practitioners in a manner that reflects an understanding of their concerns, the confusion surrounding research will continue unresolved.

    “Until National NAGPRA begins responding to practitioners in a manner that reflects an understanding of their concerns, the confusion surrounding research will continue unresolved.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [288]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationcitation

    Expanding DOI's NAGPRA enforcement capacity and engaging in proactive investigation will incentivize museums and federal agencies to approach their NAGPRA duties with speed, care, and accuracy.

    “The authority to do so already lies within the 2023 Rule, and these efforts will incentivize museums and federal agencies to approach their NAGPRA duties with speed, care, and accuracy, especially now that the museumgoing public is paying more and more attention.311”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [311]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • Rests on an assumption: Public attention affects donor funding for NAGPRA.

  • It may state two separate claims as one.

    Interpretationcitation

    Underfunding, communication failures between National NAGPRA and collecting institutions, and general confusion threaten the efficacy of the new regulations.

    “Nonetheless, underfunding, communication failures between National NAGPRA and collecting institutions, and general confusion threaten the efficacy of the new regulations.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [249]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationreasoning

    Solutions to the 2023 Rule's problems do not need to be extreme in order to be effective.

    “In summary, solutions to the 2023 Rule's problems do not need to be extreme in order to be effective.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Interpretationcitation

    The Field Museum is faced with either restricting access according to the first tribe's wishes-potentially infringing on the rights of the second tribe-or allowing access based on the second tribe's consent-potentially breaching its duty of care with regard to the first tribe.

    “The Field Museum is faced with either restricting access according to the first tribe's wishes-potentially infringing on the rights of the second tribe to access cultural items with which it is culturally affiliated-or allowing access based on the second tribe's consent-potentially breaching its duty of care with regard to the first tribe.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [240]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. It may state two separate claims as one.

    Interpretationcitation

    National NAGPRA's refrain to consult fails to provide specific guidance to inquiring practitioners and fails to consider the possibility that a lineal descendant, Indian Tribe, or NHO is unable or unwilling to consult, leaving the museum or federal agency with no clear path forward.

    “Even so, this refrain fails to provide specific guidance to inquiring practitioners and fails to consider the possibility that a lineal descendant, Indian Tribe, or NHO is unable or unwilling to consult, leaving the museum or federal agency with no clear path forward.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [235]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Premisenone given

    The 2023 Rule clarifies requirements for each step of the repatriation process.

    “while it clarifies requirements for each step of the repatriation process”
    Quote in the paperSubstantial claim

  • It may state two separate claims as one.

    Interpretationcitation

    This compensatory benefit is distinct from any settlement payment or civil penalty owed to the federal government and functions as a negotiated opportunity to channel resources toward Indigenous repatriation efforts.

    “This compensatory benefit is distinct from any settlement payment (or civil penalty) owed to the federal government; it functions instead as a negotiated opportunity to channel resources toward Indigenous repatriation efforts.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [270]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. It may state two separate claims as one.

    Interpretationreasoning

    Some museum administrators continue to drag their feet on NAGPRA compliance, but a legitimate threat of monetary penalties and regulatory investigations could provide the incentives needed to convince them to make NAGPRA an institutional priority.

    “Some museum administrators continue to drag their feet on NAGPRA compliance, but a legitimate threat of monetary penalties and regulatory investigations could provide the incentives needed to convince them to make NAGPRA an institutional priority.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [276]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationreasoning

    On January 11, 2029, DOI should be able to determine which museums have failed to comply with the revised inventory deadline whether or not a third party sends a written allegation.

    “On January 11, 2029, it should be able to determine which museums have failed to comply with that deadline whether or not a third party sends a written allegation.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [260]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may state two separate claims as one.

    Premisecitation

    Practitioners want to conform to the norms of their academic fields, which require research and accuracy, but that is not what NAGPRA requires.

    “When asked about the gap between practitioner questions and National NAGPRA's public guidance, National NAGPRA staff member David Tarler gave a simple explanation: practitioners want to conform to the norms of their academic fields, which require research and accuracy, but that is not what NAGPRA requires.289”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [289]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    The 2023 Rule includes a common refrain: consult, consult, consult.

    “and (2) including a common refrain: consult, consult, consult.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [232]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.

    Premisenone given

    Prior to President Donald Trump's second inauguration, National NAGPRA had quietly continued its grantmaking through multiple administrations led by either political party.

    “Prior to President Donald Trump's second inauguration, National NAGPRA had quietly continued its grantmaking through multiple administrations led by either political party”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    A settlement requires the museum to achieve compliance and may include a compensatory benefit to the aggrieved party, such as paying costs associated with transferring custody of repatriated human remains or cultural items.

    “A settlement (i) requires the museum to achieve compliance, and (ii) may include a compensatory benefit to the aggrieved party, such as paying costs associated with transferring custody of repatriated human remains or cultural items.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [269]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationcitation

    It is difficult to create a system broad enough to encapsulate the needs of 574 federally recognized Indian Tribes yet specific enough to make compliance feasible.

    “It is difficult to create a system that is broad enough to encapsulate the needs of 574 federally recognized Indian Tribes yet specific enough to make compliance feasible.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [230]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisecitation

    In 2024, National NAGPRA distributed $3.4 million in grants to 13 Indian Tribes and 21 museums, bringing its total distribution since 1994 to over $62 million.

    “For example, in 2024, National NAGPRA distributed $3.4 million in grants to 13 Indian Tribes and 21 museums, bringing its total distribution since 1994 to over $62 million.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites 2024 National NAGPRA Program Report, supra note 50

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    National NAGPRA currently tries to avoid answering this question directly.

    “National NAGPRA, which currently tries to avoid answering this question directly, 294”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [294]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisecitation

    Tarler's explanation bridges the gap between National NAGPRA and museum practitioners' readings of the rule, yet it is rarely used in publicly available guidance.

    “His explanation, which centers Indigenous needs and values, bridges the gap between National NAGPRA and museum practitioners' readings of the rule, yet it is rarely used in publicly available guidance.292”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [292]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it.

    Premisecitation

    This attitude toward research conflicts with elements of anthropological and archaeological industry practice.

    “This attitude toward research conflicts with elements of anthropological and archaeological industry practice, 293 and museum personnel may struggle to adjust to this new standard.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [293]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    A party may also challenge a final agency decision regarding NAGPRA under the Administrative Procedure Act.

    “A party may also challenge a final agency decision regarding NAGPRA under the Administrative Procedure Act.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Bonnichsen v. United States

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisenone given

    Under the 2023 Rule's duty of care, any museum that wants to exhibit Native American cultural items and any academic that wants to perform research must request consent from the tribe culturally affiliated with each item.

    “Under the 2023 Rule's duty of care, any museum that wants to exhibit Native American cultural items and any academic that wants to perform research must request consent from the tribe culturally affiliated with each item.”
    Quote in the paperNot a substantial claim

  • It may state two separate claims as one.

    Premisecitation

    The Secretary of the Interior does offer grants to support repatriation work, but these grants are highly competitive and heavily qualified.

    “The Secretary of the Interior does offer grants to support repatriation work, 187 but these grants are highly competitive and heavily qualified.188”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites [187]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [188]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisecitation

    Additionally, the Department of Agriculture held 693 human remains; the Department of Energy held 19; and the Department of Defense held 1,801, of which 1,349 were held by the Army Corps of Engineers.

    “Additionally, the Department of Agriculture held 693 human remains; the Department of Energy held 19; and the Department of Defense held 1,801, of which 1,349 were held by the Army Corps of Engineers.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Inventories, supra

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    National NAGPRA has employed a full-time investigator since early 2022.

    “National NAGPRA has employed a full-time investigator since early 2022.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Kunze, Department of the Interior, supra note 122

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Premisecitation

    The 2023 Rule's duty of care creates an overwhelming additional burden on THPOs without a matching increase in funding.

    “Caseldine supports a strong duty of care provision, but he recognizes that it creates an overwhelming additional burden on THPOs without a matching increase in funding.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Zoom Interview with Chris Caseldine

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    The Bureau of Land Management, Fish and Wildlife Service, and Bureau of Reclamation also have collections of human remains and associated funerary objects.

    “The Bureau of Land Management, Fish and Wildlife Service, and Bureau of Reclamation also have collections of human remains and associated funerary objects.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Inventories, supra

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

120 of 120

  • The paper relies on this without support.

    Stronger enforcement, regulatory clarity, and increased public attention will cause collecting institutions to devote more resources to NAGPRA and complete repatriations with greater urgency.

    “To push collecting institutions to devote more resources to NAGPRA and complete repatriations with greater urgency, a stronger enforcement arm, along with greater regulatory clarity and increased public attention, is required.”

  • The paper relies on this without support.

    Public attention impacts NAGPRA repatriation efforts.

    “briefly addresses how public attention impacts NAGPRA repatriation efforts.”

  • The paper relies on this without support.

    More investigators will be hired and DOI will begin proactively investigating failures of museums and federal agencies to comply with NAGPRA and the 2023 Rule.

    “Once more investigators are hired and DOI begins proactively investigating failures of museums and federal agencies to comply with NAGPRA and the 2023 Rule”

  • The paper relies on this without support.

    Public attention affects donor funding for NAGPRA.

    “Given the massive amount of donor funding necessary to support NAGPRA, 307 public attention will have a direct impact on the success of the 2023 Rule”
4 of 4

Citations

Cites

Still being checked.

Research works printed but not linked: 1

  1. NAGPRA CMTY. OF PRAC., https://www.nagpracommunityofpractice.com [https://perma.cc/85F7-YNLY]. 299. Cf. Notices and Statements, NAT'L PARK SERV. (Jun. 3, 2024), https://www.nps.gov/ subjects/nagpra/notices-and-statements.htm [https://perma.cc/V7SD-DWSB] (including answers to frequently asked questions and links to other guidance). 300. See generally Facilitating Respectful Return, supra note 286 (linking to other main areas of the website). 301. See, e.g., id.; National NAGPRA Program, supra note 30 (both of which are accessed by clicking "Home" on the navigation bar, depending on which of two possible navigation bars is at the top of a given page on the National NAGPRA website). 302. See, e.g., Consultation Resources, NAT'L PARK SERV. (Feb. 25, 2025), https://www.nps.gov/subjects/nagpra/consultation-resources.htm [https://perma.cc/2B5J- 4AQ3] (linking a variety of resources compiled by National NAGPRA that museums can use to identify consulting parties). 303. See Zoom Interview with Eden Burgess, supra note 219 ("If you're a public institution that has these objects, and a tribe is talking to the press about how they've been ignored, or about how an object is out [on display] that shouldn't be out, or was sold without notification to the tribe, that's not great. That's damaging to the reputation, which affects donations . . . So there are repercussions even if the legal enforcement is not significant."). 304. See generally Jaffe et al., supra note 194 (calling attention to museums that still hold collections of human remains). 305. High-profile debates regarding the Parthenon Marbles and Benin Bronzes bring mainstream attention to repatriation efforts. See, generally, e.g., LASTWEEKTONIGHT, Museums: Last Week Tonight with John Oliver (HBO), (YouTube, Oct. 3, 2022), https://www.youtube.com/watch?v=eJPLiT1kCSM (on file with the Columbia Journal of Law & Social Problems) (regarding worldwide museum collections, including the Parthenon Marbles and Benin Bronzes at the British Museum);

Cited by

Still being checked.

Related

Metadata

Authors
Holtzman, E.
ORCID
Holtzman, Emily
Venue
SSRN Electronic Journal
Publisher
Elsevier BV
Published
2026
ISSN
1556-5068 (ISSN-L)
DOI
10.2139/ssrn.7227938
OpenAlex
W7172447039
Cited by
0
References
0
Type
posted content
Language
en
Open access
Licence
www.uspto.gov/ip-policy/copyright-policy/copyright-basics (unspecified)
Locations
SSRN Electronic Journal (acceptedVersion)
Topics
  • Social Sciences › Law › Indigenous Peoples' Rights and Law
  • Social Sciences › Anthropology › Indigenous Cultures and History
  • Social Sciences › Cultural Studies › Cultural Identity and Heritage
Keywords
NAGPRA, repatriation, grave goods, sacred objects, cultural heritage, museum collections, Indian tribes, Department of the Interior, regulatory enforcement, compliance barriers, cultural heritage law

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