The New NAGPRA: ‘traditional knowledge’ in, artifacts out.

Comment: Revisions to NAGPRA regulations require ‘deference’ to Native American ‘traditional knowledge’ and tribes’ permission to exhibit artifacts. The regulations do not address the possibility that a tribe and museum may disagree as to what is a cultural item subject to restrictions on display.

What if a tribe does not answer a request for consent? Does the object languish forever in a storeroom?

What if the tribe refuses the request? Can the museum seek a non-binding decision from the NAGPRA Committee or seek relief from a Federal Court?

Is it assumed that the item for which consent is refused should be repatriated unless a museum meets the high standard for proof of a right of possession?

There are many unanswered questions.