New federal regulations implemented during the Biden administration are altering how museums handle Native American artifacts and human remains, shifting the emphasis towards tribal consultation and away from traditional scientific methods. Critics argue these changes, particularly the "Final Rule" concerning the Native American Graves Protection and Repatriation Act (NAGPRA), are leading to the removal of objects from public view and hindering scientific research.
One notable instance cited involves the Metropolitan Museum of Art, where a bone flute, previously identified as animal bone, was reclassified as the remains of a Native American following consultation with the Santa Ynez Band of Chumash Mission Indians. The museum acquired the flute in 1979. According to the notes, the public notice regarding this reclassification offers no evidence of tribes in California using human bones for flute construction, nor does it cite independent scientific testing to support the claim. The article suggests that if this were a human bone flute, it would be the only one of its kind discovered in California.
Reclassification and Exhibit Closures
Under the Biden administration's December 2023 "Final Rule," the interpretation and application of NAGPRA have been significantly modified. The original 1990 law aimed to repatriate Native American human remains and associated funerary objects while allowing museums to study and display items that could not be definitively linked to modern tribes. The updated regulations, however, introduce a requirement for tribal consent for research, effectively making even basic examination of objects contingent on tribal permission. This has reportedly led to the closure of exhibit spaces, such as those at the American Museum of Natural History in New York City, which were taped over in January 2024, hiding displays of Native American history from the Eastern Woodlands and Great Plains.
Furthermore, the new rules include guidance on a "duty of care" for human remains and artifacts, requiring museums and universities to consult with tribes and "incorporate and accommodate the Native American traditional knowledge" in their handling and storage. Critics contend that this has led to the adoption of "culturally appropriate" curation practices that result in closed exhibits and restricted research. The article also points to concerns that these practices may extend to research settings, citing instances where tribal customs, such as restrictions on menstruating women, are reportedly being incorporated, leading to gender-based exclusions from studying ancient artifacts in some collaborative field schools and research centers.
Museums and academic institutions are being warned about potential gender-based restrictions. The Henry Ford Museum has indicated that "appropriate staff members will be on hand" in cases of gender restrictions. A 2025 guidebook from Texas reportedly warns that "role-specific access" may mean certain individuals "should not see, hear, or touch certain items," with such restrictions often being gender-based.
Critics advocate for the restoration of the original compromise within NAGPRA, proposing the removal of the Biden administration's 2023 "Final Rule." They argue this would end mandates for "culturally appropriate" curation that lead to exhibit closures and research restrictions, allowing archaeologists and curators to focus on preserving, studying, and educating the public about the past without what they describe as "political compliance."