| Native cultural heritage items and Ancestors have long been the target of theft and looting by collectors seeking to line their shelves or their pockets. These sensitive items are often referred to by collectors and dealers as “antiquities,” “artifacts,” or “art.” However, Native cultural heritage items are held communally by Native Nations and cannot be removed without consent at the time the item was originally taken. Those who claim rightful possession must be able to prove it under federal, state or Native Nation laws. Domestic and international legal frameworks affirm that Native Nations and Indigenous Peoples have civil and human rights to manifest and practice their cultures without interference. The right to protect sacred cultural items is no different than the right to prevent someone from walking into a church or cemetery and looting it for personal gain. |  |
Since 2018, the Association on American Indian Affairs has monitored 1,159 auction houses worldwide and provided auction alerts regarding the sale of sensitive cultural heritage. This work is time-consuming for many Native Nations to do themselves. The Association’s work to monitor domestic and international auctions help fill this gap by identifying and reporting items that may warrant repatriation. The alerts have been shown to stop improper sales and support the return of important items. Timely notice is critical, as it enables Native Nation representatives to take swift action to remove their cultural heritage from the market and bring them home.
The auction monitoring program also generates critical data that informs the Association’s broader advocacy. This data is shared with Native Nations, the FBI, organizations, and policymakers to advance stronger laws protecting Native cultural heritage. It has also helped Native Nations open conversations with the FBI Art Crime Team, auction houses, and others—conversations that have in some cases led to the safe return of cultural belongings and Ancestors.
In 2024, the Association reviewed over 36,500 items identified as originating from Native Nations in North America, including Hawai’i, and flagged more than 20,200 as potentially sensitive. That year, the Association reported on 288 auctions--253 in at least 16 U.S. states and 35 countries abroad. So far this year we have already reported 209 auctions selling over 13,900 potentially sensitive items. If this increase in total auctions continues at this rate the total number of auctions could reach 500. In comparison, 2021 saw 163 auctions and 7,733 flagged items; 2020 included 190 auctions and 1,117 items; and 2019 saw 63 auctions and 3,721 flagged items.
Auctions take place both domestically and internationally. France remains a major international market for Native items alongside Belgium, Sweden and the U.K.--though foreign auctions are harder to track due to language barriers and limited access to reliable information. Descriptions of items are often incorrect, vague, or intentionally misleading, and provenance information is commonly misrepresented to avoid legal scrutiny.
Another trend involves the aging of private collectors and dealers who hold sensitive Native items. Many are elderly, and their children often do not want to inherit the collections or businesses. Unfortunately, some still refuse to return items or do not understand how to engage in collaboration to support repatriation. However, the Association is receiving an increase in inquiries from private collectors (and their progeny) seeking to return their private collections. The Association works directly with potentially affiliated Nations to return private collections.
There have also been attempts to move items abroad in anticipation of new legal restrictions. Some dealers rushed to sell items internationally before the passage of the Safeguard Tribal Objects of Patrimony (STOP) Act, which prohibits the export of certain cultural heritage unless legal ownership can be proven. The Association advocated for the STOP Act beginning in 2016, and the Act passed unanimously in the Senate on November 29, 2022.On December 21, 2022, the STOP Act was signed into law by President Biden. This landmark legislation marks a critical step forward in protecting Native cultural heritage from being exported and sold overseas. Without this protection, once sensitive cultural heritage crosses international lines, it becomes significantly harder—if not impossible—for Native Nations to reclaim their items.
The Act mandates that U.S. Customs and Border Protection detain any item lacking proper export certification, and it makes it a federal crime to export, attempt to export, or otherwise transport Native cultural heritage without authorization. It also strengthens criminal penalties under the Native American Graves Protection and Repatriation Act (NAGPRA), increasing the maximum prison term for repeat offenses from five to ten years.
Beyond enforcement, the STOP Act also invests in relationship-building and capacity-building. The Department of the Interior and the Department of State are now required to designate liaisons, host training, and facilitate voluntary returns of cultural items and Ancestral remains. The Act also calls for the creation of both an interagency working group and a Native working group to provide coordinated advice and oversight--efforts that will help ensure accountability across the marketplace, including auction houses and dealers.
Auction houses and dealers are legally obligated to deal honestly with the public and in good faith with buyers. They are required to ensure that items they sell are not encumbered by questions of title or ownership. These entities may also be subject to Native Nation, federal, and state laws—including NAGPRA, the Antiquities Act, the Archaeological Resources Protection Act, the Indian Arts and Crafts Act, the Theft of Indian Property Act, and relevant common law theft statutes.
Unfortunately, the current executive administration will not publish final rulemaking to implement the STOP Act. The only recourse Native Country may have to get these regulations passed is through litigation. The Association is looking into this option as none of these agencies have done anything to start implementing the legislation.
Internationally, in countries where no laws exist to protect Native cultural heritage, auction houses continue to sell sensitive items without consequence. Some items are even fabricated by non-Native individuals and sold as authentic. Auction houses and dealers must consult with Native Nation representatives to determine whether an item has a clear and legal title. Native Nations—not collectors or dealers—are the primary experts on their own cultural heritage. A prime example of an auction house seeking to do this is Revere Auctions who have internal policies that provide structure for collaborative returns to Native Nations, and yet they are only one lone example (Ethics Statement - Revere Auctions).
The Association continues to advocate for stronger laws and real accountability to ensure that auction houses respect Native cultural heritage and refrain from selling items that were never meant for public consumption. We urge collectors, dealers, and the public to invest in contemporary Native artists whose work is created to be shared and whose stories reflect the living cultures of Native Nations today. If you are a collector or institution holding Native cultural heritage, we invite you to reach out to the Association to explore repatriation—an act that fosters healing, learning, and respectful relationship-building. Native Nation representatives can sign up for our auction alert system (send an email to [email protected]), support our repatriation efforts with a donation, or amplify our work by sharing this message with your networks. Every action helps return #EverythingBack.
Sources
Andrew Meyer & Colleen Medicine, “Still Taking Action to Fight Back Against Auctions in 2022,” News on Indian Affairs, Issue 191, Fall/Winter 2022.
The auction monitoring program also generates critical data that informs the Association’s broader advocacy. This data is shared with Native Nations, the FBI, organizations, and policymakers to advance stronger laws protecting Native cultural heritage. It has also helped Native Nations open conversations with the FBI Art Crime Team, auction houses, and others—conversations that have in some cases led to the safe return of cultural belongings and Ancestors.
In 2024, the Association reviewed over 36,500 items identified as originating from Native Nations in North America, including Hawai’i, and flagged more than 20,200 as potentially sensitive. That year, the Association reported on 288 auctions--253 in at least 16 U.S. states and 35 countries abroad. So far this year we have already reported 209 auctions selling over 13,900 potentially sensitive items. If this increase in total auctions continues at this rate the total number of auctions could reach 500. In comparison, 2021 saw 163 auctions and 7,733 flagged items; 2020 included 190 auctions and 1,117 items; and 2019 saw 63 auctions and 3,721 flagged items.
Auctions take place both domestically and internationally. France remains a major international market for Native items alongside Belgium, Sweden and the U.K.--though foreign auctions are harder to track due to language barriers and limited access to reliable information. Descriptions of items are often incorrect, vague, or intentionally misleading, and provenance information is commonly misrepresented to avoid legal scrutiny.
Another trend involves the aging of private collectors and dealers who hold sensitive Native items. Many are elderly, and their children often do not want to inherit the collections or businesses. Unfortunately, some still refuse to return items or do not understand how to engage in collaboration to support repatriation. However, the Association is receiving an increase in inquiries from private collectors (and their progeny) seeking to return their private collections. The Association works directly with potentially affiliated Nations to return private collections.
There have also been attempts to move items abroad in anticipation of new legal restrictions. Some dealers rushed to sell items internationally before the passage of the Safeguard Tribal Objects of Patrimony (STOP) Act, which prohibits the export of certain cultural heritage unless legal ownership can be proven. The Association advocated for the STOP Act beginning in 2016, and the Act passed unanimously in the Senate on November 29, 2022.On December 21, 2022, the STOP Act was signed into law by President Biden. This landmark legislation marks a critical step forward in protecting Native cultural heritage from being exported and sold overseas. Without this protection, once sensitive cultural heritage crosses international lines, it becomes significantly harder—if not impossible—for Native Nations to reclaim their items.
The Act mandates that U.S. Customs and Border Protection detain any item lacking proper export certification, and it makes it a federal crime to export, attempt to export, or otherwise transport Native cultural heritage without authorization. It also strengthens criminal penalties under the Native American Graves Protection and Repatriation Act (NAGPRA), increasing the maximum prison term for repeat offenses from five to ten years.
Beyond enforcement, the STOP Act also invests in relationship-building and capacity-building. The Department of the Interior and the Department of State are now required to designate liaisons, host training, and facilitate voluntary returns of cultural items and Ancestral remains. The Act also calls for the creation of both an interagency working group and a Native working group to provide coordinated advice and oversight--efforts that will help ensure accountability across the marketplace, including auction houses and dealers.
Auction houses and dealers are legally obligated to deal honestly with the public and in good faith with buyers. They are required to ensure that items they sell are not encumbered by questions of title or ownership. These entities may also be subject to Native Nation, federal, and state laws—including NAGPRA, the Antiquities Act, the Archaeological Resources Protection Act, the Indian Arts and Crafts Act, the Theft of Indian Property Act, and relevant common law theft statutes.
Unfortunately, the current executive administration will not publish final rulemaking to implement the STOP Act. The only recourse Native Country may have to get these regulations passed is through litigation. The Association is looking into this option as none of these agencies have done anything to start implementing the legislation.
Internationally, in countries where no laws exist to protect Native cultural heritage, auction houses continue to sell sensitive items without consequence. Some items are even fabricated by non-Native individuals and sold as authentic. Auction houses and dealers must consult with Native Nation representatives to determine whether an item has a clear and legal title. Native Nations—not collectors or dealers—are the primary experts on their own cultural heritage. A prime example of an auction house seeking to do this is Revere Auctions who have internal policies that provide structure for collaborative returns to Native Nations, and yet they are only one lone example (Ethics Statement - Revere Auctions).
The Association continues to advocate for stronger laws and real accountability to ensure that auction houses respect Native cultural heritage and refrain from selling items that were never meant for public consumption. We urge collectors, dealers, and the public to invest in contemporary Native artists whose work is created to be shared and whose stories reflect the living cultures of Native Nations today. If you are a collector or institution holding Native cultural heritage, we invite you to reach out to the Association to explore repatriation—an act that fosters healing, learning, and respectful relationship-building. Native Nation representatives can sign up for our auction alert system (send an email to [email protected]), support our repatriation efforts with a donation, or amplify our work by sharing this message with your networks. Every action helps return #EverythingBack.
Sources
Andrew Meyer & Colleen Medicine, “Still Taking Action to Fight Back Against Auctions in 2022,” News on Indian Affairs, Issue 191, Fall/Winter 2022.
