Institutional Responsibility in Repatriation
Affiliation
Central Piedmont Community College, Charlotte, North Carolina
Presented at
National Collegiate Honors Council (NCHC) Annual Conference (NCHC25), Hilton San Diego Bayfront, San Diego, CA
Abstract
This presentation examines the ethical responsibilities that universities, museums, and government agencies carry in the repatriation of Native American cultural items and human remains. Drawing on NAGPRA review committee reports, first-person interviews, and peer-reviewed scholarship, it documents patterns of institutional resistance, identifies practices that actually work, and proposes a framework for institutional accountability that centers Indigenous sovereignty and community well-being.
Introduction
Institutions holding Native American cultural items and human remains carry a responsibility that goes well past legal compliance. It reaches into ethical, moral, and relational obligations to the communities those items were taken from. The history of institutional collection cannot be separated from the larger history of colonialism, forced removal, and cultural destruction that has shaped the relationship between Native American communities and the federal government. The 2024 NAGPRA final rule imposes new requirements on holding institutions. That makes institutional capacity, willingness, and ethical commitment central to the repatriation conversation now, not peripheral.
Research Framework
This research combines several methods to examine how institutions actually behave in repatriation contexts. It draws on analysis of NAGPRA Review Committee proceedings and recommendations, structured interviews with people involved in repatriation processes, comparative case studies of institutional repatriation practices, and a review of peer-reviewed literature on museum ethics, archaeological practice, and Indigenous rights. The lens throughout is institutional and critical. How do organizational cultures, incentive structures, and power dynamics shape what actually happens to a repatriation claim?
Key Findings
Institutional approaches to repatriation vary widely, from proactive engagement and good-faith consultation to delay, obstruction, and minimal compliance dressed up as cooperation. Institutional cultures that prioritize collection preservation over community rights persist. Current enforcement mechanisms do not address non-compliance adequately. Individual champions and institutional leadership determine outcomes more than the rules on paper do, and genuine partnership between institutions and tribal communities changes what is possible. The presentation documents specific cases, both the ones institutions should be proud of and the ones they should not.
Significance & Implications
This research bears on institutional policy, accreditation standards, and professional ethics in archaeology, anthropology, and museum studies. The accountability framework proposed here calls for proactive outreach to potentially affiliated tribes, transparent and accessible collection documentation, consultation that puts tribal knowledge and authority first, institutional investment in repatriation infrastructure and staffing, and relationship-building with tribal communities that continues after the repatriation itself is done. Ethical repatriation is a legal obligation. It is also a step toward decolonizing how institutions operate, and treating it as only the former is how institutions keep failing at it.
References Cited
American Anthropological Association. 2024. "Native American Graves Protection and Repatriation Act Implementation Goes into Effect." January 12. https://americananthro.org/advocacy-statements/...
Colwell, Chip. 2017. Plundered Skulls and Stolen Spirits: Inside the Fight to Reclaim Native America’s Culture. Chicago: University of Chicago Press. https://press.uchicago.edu/ucp/books/book/chicago/P/bo21358784.html
Fine-Dare, Kathleen S. 2002. Grave Injustice: The American Indian Repatriation Movement and NAGPRA. Lincoln: University of Nebraska Press. https://www.nebraskapress.unl.edu/nebraska/9780803269088/
Jaffe, Logan, Mary Hudetz, Ash Ngu, and Graham Lee Brewer. 2023. "America’s Biggest Museums Fail to Return Native American Human Remains." ProPublica, January 11. https://www.propublica.org/article/repatriation-nagpra-museums-human-remains
Menyhart, Russell C., and Leanna Longley. 2024. "NAGPRA – 2024 Revamped Rule Strengthens Process for Museums and Universities to Heal Prior Inequities and Rebuild Tribal Relationships." Taft Stettinius & Hollister LLP Law Bulletin, February 9. https://www.taftlaw.com/news-events/law-bulletins/...
Mihesuah, Devon A., ed. 2000. Repatriation Reader: Who Owns American Indian Remains? Lincoln: University of Nebraska Press. https://www.nebraskapress.unl.edu/nebraska/9780803282643/
National Park Service. n.d. National NAGPRA Program. U.S. Department of the Interior. Accessed 2025. https://www.nps.gov/subjects/nagpra/index.htm
National Park Service. 2024. National NAGPRA Program: Fiscal Year 2024 Report. U.S. Department of the Interior. Published November 6, 2024. https://npshistory.com/publications/diversity/nagpra/ann-rpt/2024.pdf
Society for American Archaeology. 2024. Principles of Archaeological Ethics. Adopted March 7, 2024 (originally adopted April 10, 1996). https://saa.org/Member/SAAMember/Career-and-Practice/Principles-of-Archaeological-Ethics.aspx
United States, Department of the Interior. 2023. "Native American Graves Protection and Repatriation Act Systematic Processes for Disposition or Repatriation of Native American Human Remains, Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony." 88 Federal Register 86518 (December 13). Codified at 43 C.F.R. Part 10. Effective January 12, 2024. https://www.govinfo.gov/content/pkg/FR-2023-12-13/pdf/2023-27040.pdf
Sanchez, A. (2025). Institutional Responsibility in Repatriation. 60-minute oral presentation at the National Collegiate Honors Council Annual Conference (NCHC25), San Diego, CA.