Understanding Repatriation and the Ethics of Collecting
Frequently Asked Questions
The Santa Ynez Chumash Museum and Cultural Center (SYCMCC) understands the interest in learning about the return of cultural objects to Indigenous Peoples, as well as what to do if you find an artifact. To assist you, SYCMCC has created a list of Frequently Asked Questions about NAGPRA, repatriation, and current laws related to collecting artifacts. If you have any questions not covered here, please contact us at info@sychumashmuseum.org.
What is NAGPRA?
NAGPRA, or the Native American Graves Protection and Repatriation Act, which was passed in 1990, is a federal law that requires any entity that receives federal funding to inventory objects in their collections and work to return Native American ancestors and cultural objects to their home communities. New NAGPRA Legislation, enacted in January of 2024, also requires museums consult with affiliated tribes to get consent before displaying their cultural objects.
What is repatriation?
Repatriation is the return of something to a community of origin. Within museums and academic institutions, it usually refers to the return of ancestors and cultural objects to their home communities. The return of Native American ancestors and cultural objects can be a result of NAGPRA, but repatriation often happens outside of NAGPRA, too!
Where can I learn more about NAGPRA?
The National Park Service is a great resource! https://www.nps.gov/subjects/nagpra/index.htm
What other laws cover Native American artifacts in California?
CalNAGPRA, or the California Native American Graves Protection and Repatriation Act, serves a similar function to NAGPRA, but is focused on entities that receive state funding.
Other state laws and codes (https://nahc.ca.gov/codes/state-laws-and-codes/) prohibit the removal or defacement of any object of paleontological, archaeological, or historical interest or value, whether they are on private or public property.
If I find an artifact, who should I contact?
Please do not take the artifact from where you find it. Instead of taking or moving it, please note on a map exactly where you found the object and alert the local authorities, such as California State Parks—if found in a state park or beach—or the local Tribal Historic Preservation Office (https://ohp.parks.ca.gov/?page_id=27626).
If it is legal to keep something, does that mean I should?
Probably not! There is a difference between legal and ethical. The ethical option is always to seek out the affiliated tribe’s Tribal Historic Preservation Office (https://ohp.parks.ca.gov/?page_id=27626) and consult with them to see what they would like to do, regardless of whether or not it is legally required.
I want to take an artifact to protect it. Is that alright?
Please do not. It is unethical and often illegal to collect artifacts you find, especially Native American artifacts (Please see Administrative Code, Title 14, Section 4308 – https://nahc.ca.gov/codes/state-laws-and-codes/). Removing an artifact from its location results in a loss of important information and context, as well as depriving future visitors of seeing it. Instead of taking or moving it, please note on a map exactly where you found the object and alert the local authorities, such as California State Parks, if found in a state park or beach, or the local Tribal Historic Preservation Office (https://ohp.parks.ca.gov/?page_id=27626).
How did our Museum get its collections?
SYCMCC developed its collection in a number of ways. Some were donated by tribal members or members of the public. Some were bought from collectors or other institutions. Some were commissioned from artists and artisans. Some objects joined the collection as a result of repatriation. Some objects were even found while building the facility!
Can I donate an artifact to your Museum?
Maybe! Please contact us at info@sychumashmuseum.org with a description and pictures of the object(s) you are interested in donating.
Note: Please do not bring or send unsolicited donations to the museum.
Return of the Condor
The condor that will be on display was the last female in the wild in 1986. To save her species from extinction, she was taken into captivity to become part of the captive breeding program and given the designation AC8 by the U.S. Fish and Wildlife Service. She was one of 27 birds that founded today’s population.
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