Guidance on Research and Creative Activities Involving Native Nations : Research and Engagement : UMass Amherst

Updated April 21, 2025

Background

Research involving or impacting Native Nations requires special consideration due to the legal status of federally recognized tribes.[1] For example, “When conducting research with American Indian tribes, informed consent beyond conventional institutional review board (IRB) review is needed because of the potential for adverse consequences at a community or governmental level that are unrecognized by academic researchers.”[2] Importantly, protections may extend beyond human subjects in research to other areas including Traditional Knowledge and Intellectual Property Rights. Native Nations have the right to create their own codes that govern activities within the exterior boundaries of their lands, and many Native Nations have established research codes requiring review and approval from authorized boards, committees, or individuals before any research is conducted on Native lands, with Members of the Native Nation, or with Native resources.

Requirements

Beginning in 2024, the National Science Foundation requires that approval by Native (Tribal) Nation approval be submitted with proposals for projects that may impact resources or interests of Native Nations. See NSF Proposal and Award Policies and Procedures Guide (NSF PAPPG 24-1, Chapter II.E.10) reproduced in the Additional References below.

As of October 1, 2024, the Office of Management and Budget Uniform Guidance (2 CFR, part 200), requires that federal award recipients must “Take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information. This also includes information the Federal agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.” (2 CFR 200.303 (e), emphasis added).

Creative activities such as artwork or exhibitions that may involve or impact Native Nations require special considerations recently broadened by a revision to the Native American Graves Protection and Repatriation Act. (NAGPRA) (43 CFR Part 10, effective January 12, 2024). The final rule includes a number of changes, notably to obtain free, prior, and informed consent from lineal descendants, Indian Tribes, or Native Hawaiian organizations, before allowing any exhibition of, access to, or research on human remains or cultural items.

Guidance

UMass Amherst sponsored research and creative activities that involve or may impact the resources or interests of Native Nations
- must follow the Consultation Policy of the sponsor, as applicable to award recipients, including but not limited to the NSF policy and Uniform Guidance requirements,
- must follow any codes, policies, protocols, or regulations established by the Native Nation where the sponsored activities may impact the Native Nation, Members Lands or Resources.
- or, in the absence of a sponsor Consultation policy or for non-sponsored activities
- should follow the NSF, Uniform Guidance, and Native Nation requirements in item 1 for all Native groups whether federally recognized or not.

Creative works, exhibitions, research, instruction, or other activities, whether sponsored or non-sponsored, involving human remains or cultural items must conform to the 2024 NAGPRA requirements and the UMass Amherst NAGPRA Policy for informed consent. (Note: the UMass NAGPRA Policy requires prior authorization from the Office of the Chancellor to bring any potentially NAGPRA-sensitive human remains, cultural items, or collections to the campus.)

Notes

Relationship building with Native Nations is foundational to consultations concerning research or creative activities that may impact the communities. This is well-understood in research on human health involving other communities.[3]
These community-authored guides for researchers provide useful information.
- National Congress of American Indians: “Walk Softly and Listen Carefully” Building Research Relationships with Tribal Communities
- Chicago Beyond: Why Am I Always Being Researched?
The UMass Amherst Institutional Review Board can assist with informed consent questions and this Guidance. Please contact the IRB at @email.
The UMass Amherst Libraries can assist with research and information on documenting the permissions agreed in consultations. Please contact Brandon Castle, Native American and Indigenous Studies Librarian.
The UMass NAGPRA Policy requires formal consultations with Native Nations to facilitate consent. Please contact the NAGPRA Coordinator, Julie Woods (@email) for more information.
Questions about this Guidance should be directed to the Vice Chancellor for Research and Engagement (@email) with cc: to the Associate Chancellor for Compliance (@email) and the Office of Research Compliance (@email)

[1] See US Department of the Interior definitions

[2] “Conducting Research with Tribal Communities: Sovereignty, Ethics, and Data-Sharing Issues,” A. Harding et al., Env. Health Perspectives, 120 (1), pp 6-10 (2011).

[3] For example, see B.A. Israel, et al., “Community-Based Participatory Research: Lessons Learned from the Centers for Children’s Environmental Health and Disease Prevention Research, Environmental Health perspectives, 113 (10), 2025 1463-1472. https://doi.org/10.1289/ehp.767

Additional References

NSF Requirement

Seeking and Obtaining Tribal Nation Approval for Proposals that May Impact Tribal Resources or Interests (NSF PAPPG 24-1, Chapter II.E.10)

Proposals that may impact the resources or interests of a federally recognized American Indian or Alaska Native Tribal Nation (Tribal Nation) will not be awarded by NSF without prior written approval from the official(s) designated by the relevant Tribal Nation(s). For purposes of this provision, references to “resources or interests of a Tribal Nation” are limited to resources and interests connected to Tribal Nation lands or those aspects of Tribal life that are within the domain of a Tribal Nation, (including, but not limited to, Tribal languages and subsistence rights on Tribal Nation lands) as opposed to individual Tribal Nation members.

Proposers seeking NSF funding for such proposals must:

Seek guidance from the potentially impacted Tribal Nation(s) regarding which activity/activities require(s) review and prior approval from an authorized designee(s) of the Tribal Nation(s); and
Based on the guidance received, submit a written request to the relevant Tribal Nation(s), for approval to carry out the proposed activity(ies) that require(s) Tribal Nation review and approval. Examples of such activities may include, but are not limited to, the following:
- research or projects that involve Tribal Nation members and would invoke the Tribal Nation in any way (including but not limited to referencing a Tribal Nation in materials, public forums, or publications). Note that this type of proposal may also require a separate Tribal IRB or other mechanism that a Tribal Nation may have in place to review proposed research (this would exclude cases where Tribal Nation members voluntarily participate in the proposed research as individuals, not as members representing a Tribal Nation);
- carrying out studies or research on Tribal Nation reservations, territories, and other locations where Tribal Nations have legally protected rights to resources or to engage in activities; and
- using Tribal Nation-controlled information or data in research.
Check the box on the Cover Sheet entitled “Potential Impacts on Tribal Nations.” Please note that simultaneously submitted collaborative proposals and proposals that include subawards are a single unified project and, as such, the lead organization is responsible for checking the box on the Cover Sheet, if applicable.
Include at least one of the following: (i) a copy of the written request to the relevant Tribe(s) to carry out any proposed activity/activities that may require prior approval from the Tribal Nation(s); (ii) written confirmation from the Tribal Nation(s) that review and approval is not required; or (iii) a copy of a document from the relevant Tribal Nation(s) that provides the requisite approval. All such documentation must be uploaded into “Other supplementary documents” in Research.gov. If only (i) is provided, the proposer will still be required to submit either (ii) or (iii) before NSF will make an award decision.