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auctions and private collections
​
​of​ ancestors and Sacred Objects

​Together, we can protect Native Cultural Heritage!​
There are many different federal, state and Tribal laws that may apply to sensitive cultural items that have been misappropriated including the Native American Graves Protection and Repatriation Act (NAGPRA) and the Archaeological Resources Protection Act, but there are other laws that may apply that auction houses and dealers do not review. As experts in the law, we can help individuals, Native Nations, collectors, museums and auction houses protect Native cultural heritage.
Our Current work
how we can help
HOW YOU CAN HELP
Follow our latest work on protecting Native Cultural Heritage here.
We can help Native Nations, auction houses, collectors, museums and individuals where Ancestors and Sacred objects are involved.
What to do if you have or find a Native cultural heritage item and how everyone can protect Native culture. 
If you are holding Native Cultural Heritage, then you are holding sensitive items that belong to a Native Nation, a Native Hawaiian Organization, Indigenous Group or lineal descendant (herafter, "Native Nation"). It is known as “community” property or "patrimony" and specifically means it belongs to a collective - like a sovereign Native Nation. Therefore, no individual would have the right to remove the item from that Native Nation without proper authority or consent from that Nation at the time the item was removed from that Nation - or has since obtained consent.

There are several federal, state and Native Nation laws that apply to these cases, even if NAGPRA does not apply! A purchaser can never obtain good title from a thief, even if the theft occurred decades in the past. Here are some laws that may apply:
  •  18 U.S. Code § 1163 - Embezzlement and theft from Indian tribal organizations;
  • 25 U.S. Code § 194 - Trial of right of property; burden of proof (the non-Indian has the burden to prove that they have a right of possession);
  • 16 USC Ch. 1B – The Archaeological Resources Protection Act incorporates any state law that was violated to obtain items;
  • Common law theft and other laws;
  • Native Nation laws, customs and traditions include that Native Nations have the inherent or expressed jurisdiction over their cultural heritage, regardless of where it is located.

Keep reading below to learn more about what you can do to return our stolen heritage and Ancestors' bodies!

Our Work

For over 100 years, we have been protecting cultural heritage. Follow our latest work here. 
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  • ​March 15, 2023: ​Warning to Buyers of Native Cultural Heritage
  • ​April 5, 2021: The Association releases a statement on racism in auction houses that sell Native American Cultural Heritage
  • November 1, 2019: Auction Houses and Dealers Should Work With Indigenous Peoples Before Placing Items for Sale 
  • June 4, 2019: Auction House Must End Sales of Sensitive Native American Cultural Heritage & Adhere to Calls for Repatriation
  • December 11, 2018: Auction Houses Must Consult Tribes on Sales of Native American Heritage
  • October 17, 2018: Rago Auction Withdraws Native American Cultural Heritage Scheduled for Sale
  • May 24, 2016: ​We participated in the National Museum of the American Indian’s (NMAI) Emergency Meeting Regarding Sale of Human Remains and Sacred Objects at Paris Auction. Executive Director Kimberly Dutcher made a statement, which can be found here.
  • May 24, 2016: The Washington Post - Native Americans protest planned auction in France of sacred objects and human remains
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How to Protect Cultural Heritage

Along with our partners, we advise buyers and collectors to invest in contemporary Native artists whose stories and creations are accessible and created to share - not Indigenous burials and Sacred, Cultural patrimony.
READ OUR JOINT STATEMENT
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Joint Statement Partners

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Help Us END Cultural Heritage Trafficking

If you have ANY evidence of theft, looting or removing the item without the consent of your Nation, please immediately contact:

FBI Art Crimes Team
Supervisory Special Assistant
Kristin Koch 
[email protected]
202-324-5525
contact the fbi
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If you have any facts that may support a claim of theft or looting, please immediately contact:
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Bureau of Indian Affairs
Special Agent Franklin Chavez

[email protected] 
505-228-8053
CONTACT the BIA

Indigenous "Antiquities" and "Artifacts" ARE Cultural Heritage

The Association can help everyone with repatriation issues. Contact us today!
For Individuals
​If you have questions or concerns about items in your possession, please contact us.

​We can help:
  • find information about your items 
  • make appropriate connections with official Tribal government representatives
  • work with you to facilitate return arrangements 

In many cases, items can be charitably donated back to their respective Tribes or through a non-profit like the Association, or other suitable arrangements can be made for return. ​​
Contact the Association
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​For Native Nations  
​If you see items that may be sensitive to your Family, Band, Tribe or Nation, please contact us.

​We can help:
  • by providing technical assistance, strategies
  • make connections with other Tribes, non-profits, law firms, auction houses and other organizations
  • pool our resources to support the protection of your Nation's cultural heritage
  • ​provide notifications of upcoming sales and auctions
contact the association
For Auction Houses, Dealers and Collectors, Museums, Etc. 
If you have Native items in your custody, please contact us.

In order to ensure that the item you hold is a commercial item with proper title and provenience information, you must consult an official Native Nation representative of the Nation or indigenous group that may be affiliated with the item. That is the only good faith manner that you can sell items you call "antiquities" or "artifacts." Often, information about the origination of an item has been manipulated over time by collectors and dealers, and the affiliated Native Nation is the only appropriate expert to confirm whether an item is saleable or has been misappropriated.

​We can help:
  • work within federal, state and Tribal laws
  • meet consumer professional and due diligence requirements to sell and own Native items
  • build relationships with Native Nations

In fact, there are many federal, state and Tribal laws that we find auction houses ignoring, which can be bad for credible trade. Title to items of Native cultural heritage must be vetted with affiliated Native Nations. 
contact the association
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Association on American Indian Affairs
6030 Daybreak Circle, Suite A150-217
Clarksville, Maryland 21029​
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​The Association is a not-for-profit 501(c)(3) publicly supported organization.
​We do not take federal grants.
​Support our work here. FEIN: 13-1623902
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