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.
Follow our latest work on protecting Native Cultural Heritage here.
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We can help Native Nations, auction houses, collectors, museums and individuals where Ancestors and Sacred objects are involved.
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What to do if you have or find a Native cultural heritage item and how everyone can protect Native culture.
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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:
Keep reading below to learn more about what you can do to return our stolen heritage and Ancestors' bodies!
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
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.
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Joint Statement Partners
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 |
If you have any facts that may support a claim of theft or looting, please immediately contact:
Bureau of Indian Affairs Special Agent Franklin Chavez [email protected] 505-228-8053 |
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:
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. |
For Native Nations
If you see items that may be sensitive to your Family, Band, Tribe or Nation, please contact us. We can help:
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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:
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. |