Year: 2026
Type: article
Abstract: This research aims to explore the implementation of the Duty of Care [43 CFR Part 10.1(d)] within the 2024 revision of the Native American Graves Protection and Repatriation Act (NAGPRA) rules and regulations. While NAGPRA was designed to facilitate repatriation, ambiguities and institutional resistance have hindered compliance, necessitating regulatory updates. The 2024 revision added duty-of-care language intended to improve repatriation outcomes and reinforce Tribal sovereignty. Duty of care requires institutions to consult and collaborate with Tribes on curation policies and practices, and to obtain informed consent before allowing research on, exhibiting, or providing access to cultural items or human remains. This study employs policy and textual analysis to comprehensively examine the Duty of Care section and its role in fulfilling NAGPRA's congressional intent. A survey administered to NAGPRA practitioners in the U.S. was used to gain insights into how Duty of Care has altered NAGPRA processes. Finally, informational interviews with NAGPRA Practitioners in the U.S. have helped identify some of the necessary career skills for implementing Duty of Care. Findings will contribute to broader evaluations of the effectiveness of the Duty of Care requirements in improving repatriation efficiency and upholding Tribal authority.
Author: Ensign, Meghan
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7172079527