• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • 2025 Year-End Appeal
  • Log in
  • Become a Member
  • Donate
  • 2025 Year-End Appeal
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Art law image/svg+xml 2021 Timothée Giet Ask SAM: Navigating NAGPRA Challenges in Museums, with a Focus on the Seattle Art Museum
Back

Ask SAM: Navigating NAGPRA Challenges in Museums, with a Focus on the Seattle Art Museum

April 25, 2024

collage for article

By Claire Killian

What is NAGPRA?

In the ecosystem of cultural heritage and museum governance, the Native American Graves Protection and Repatriation Act (NAGPRA) stands as the pivotal piece of legislation shaping the landscape of museum practices and indigenous rights in the United States.[1] Enacted in 1990, NAGPRA mandates the repatriation of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony to affiliated Native American organizations and applies to museums, agencies and universities to compile detailed summaries and inventories[2]. Its implementation has brought to light complex ethical and legal considerations, particularly for institutions like the Seattle Art Museum (SAM) and other public institutions (museums, universities, and beyond) across the nation. As SAM confronts contemporary challenges pertaining to NAGPRA compliance, it offers a microcosm through which to examine broader issues of cultural sensitivity, institutional accountability, and indigenous sovereignty within the museum sector.

The roots of NAGPRA trace back to decades of activism and advocacy by Indigenous leaders, scholars, and communities, who sought to address the widespread desecration of Native American burial sites, the unauthorized excavation of ancestral remains, and the commodification of sacred objects. These violations were symptomatic of a broader pattern of colonial dispossession and cultural erasure that has characterized the history of Indigenous peoples in North America.

Against this backdrop, NAGPRA represents a significant legislative response to the systemic injustices faced by Indigenous communities and the urgent need to redress historical wrongs. At its core, NAGPRA embodies principles of sovereignty, self-determination, and cultural autonomy, affirming the inherent rights of Indigenous peoples to their ancestral lands, sacred objects, and human remains. The passage of NAGPRA marks a pivotal moment in the recognition of Indigenous sovereignty and the acknowledgment of Indigenous knowledge systems, spiritual beliefs, and cultural practices within the legal framework of the United States.

Curating Indigenous Art Under the New NAGPRA

NAGPRA reflects a paradigm shift in the relationship between museums, federal agencies, and Indigenous communities, foregrounding principles of cultural equity, mutual respect, and collaborative stewardship. By mandating the repatriation of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony to affiliated tribes and Native Hawaiian organizations, NAGPRA seeks to restore dignity to Indigenous peoples, honor their cultural traditions, and facilitate healing and reconciliation. There is also a concerted effort to reclassify the ways American museums have treated indigenous artifacts. Historically, indigenous art objects have been treated as anthropological items, to be found in natural history museums rather than art museums. Indigenous art historians and activists have long cited this as a dehumanizing and devaluing curatorial practice, which reinforces cultural biases against indigenous arts and cultures. The new NAGPRA guidelines encourage institutions, such as universities or museums, to identify indigenous art objects as being true art pieces, and to place them within larger narratives and networks of continuous culture – rather than isolated lab specimens[3] – by connecting them to contemporary indigenous art practices and communities. As such, NAGPRA represents not only a legal statute but also a moral imperative—a testament to the enduring resilience, sovereignty, and cultural vitality of Indigenous peoples in the face of historical adversity.

In December 2023, the Biden Administration introduced new standards for the Department of the Interior and the Bureau of Indian Affairs, among a number of other branches of the government involved in NAGPRA cases, which have had a dramatic impact on NAGPRA-related issues[4]. For example, in an interview with The Seattle Times, Sara Gonzalez, a University of Washington associate professor of anthropology and archaeology curator at the Burke Museum said that “by best estimates, before this revision to the NAGPRA regulations, it was expected to take … about 200 years or more to successfully complete repatriation…that time is [now] shortened to a more reasonable time frame.”[5] More specifically, museums and public institutions must have updated inventories of human remains by, at the latest, 2029, which significantly speeds up the process[6]. Prior to these new clarifications, there was no deadline for inventories to be updated, pushing the potential for restitution far into an indefinite future.

New NAGPRA Stipulations Are Implemented at the Seattle Art Museum

The Seattle Art Museum (SAM) is located in the Pacific Northwest, which is home to an array of indigenous nations, most notably the Coastal Salish, whom SAM mention specifically in a land acknowledgement,[7] as well as non-indigenous communities. SAM has long served as a custodian of diverse art forms, including significant holdings of indigenous artifacts and ancestral remains. However, SAM, like many institutions, continues to grapple with the intricacies of NAGPRA compliance and the ethical imperatives it entails. Recent controversies and legal disputes have cast a spotlight on SAM’s handling of NAGPRA-related matters, exposing tensions between institutional interests, legal obligations, and indigenous community concerns. One such instance revolves around the efforts to repatriate cultural artifacts held within SAM’s collections. Specifically, this particular push to remove five objects (three headdresses, a dagger, and a staff) of Tlingit origin[8]. While SAM has not released an official statement yet, it appears as if the curators did not properly consult with the Tlingit people on the care and curation of these pieces, leading to the challenge which has led to their ultimate removal[9]. These efforts are emblematic of broader struggles within the museum field to reconcile historical acquisitions with contemporary understandings of cultural stewardship and indigenous rights.

The complexities of NAGPRA implementation extend beyond mere legal requirements, encompassing profound questions of cultural heritage, sovereignty, and the fraught legacies of colonialism. In fact, immediately following the enactment of the new NAGPRA statutes, many U.S. museums simply covered up their indigenous displays, waiting to understand more about what changes to NAGPRA meant for them before continuing to exhibit certain pieces.[10] For SAM, navigating these complexities involves engaging in meaningful dialogue with indigenous stakeholders, respecting tribal protocols, and fostering reciprocal relationships grounded in mutual respect and understanding.

In recent years, SAM has faced criticism for its perceived lack of transparency in repatriation processes, as well as allegations of inadequate consultation with affected tribes and indigenous communities.[11] Specific complaints refer to the lack of action on behalf of the museum regarding chains of provenance that suggest relationships to colonial violence and anti-indigenous donors, who hold power over the museum. SAM is by no means the only institution to grapple with these issues, and just as how colonialism is intrinsic to the nature of modern museums, so too is the work to deconstruct colonial legacies. These criticisms underscore the imperative for museums to adopt more inclusive and collaborative approaches to repatriation, rooted in principles of cultural equity and social justice.

At the heart of SAM’s encounter with NAGPRA lies a delicate balancing act between legal mandates, ethical imperatives, and institutional prerogatives. While NAGPRA provides a legal framework for the repatriation of ancestral remains and cultural objects, its implementation often entails complex legal and ethical dilemmas, particularly in cases where ownership claims are contested or ambiguous. SAM’s experiences both in working with indigenous activists while also dealing with implicit exclusionary and violent museum practices, exemplify the multifaceted nature of these dilemmas, highlighting the tensions between institutional autonomy, indigenous sovereignty, and legal compliance.

Conclusion

The byzantine intricacies of NAGPRA compliance extend beyond legal and ethical considerations, encompassing broader questions of cultural sensitivity, historical accountability, and institutional transformation. SAM’s engagement with NAGPRA reflects broader efforts within the museum sector to reckon with the legacies of colonialism, imperialism, and cultural appropriation. As museums increasingly confront calls for decolonization and restitution, SAM’s experiences offer valuable insights into the complexities of navigating cultural heritage issues in a rapidly evolving socio-political landscape. Many museums see these ongoing NAGPRA developments as ways to continue to strengthen their relationships with indigenous communities, and continue to reflect on what exactly the purpose and being of a museum is. By centering indigenous perspectives, embracing transparency, and fostering collaborative partnerships, SAM and other museums can chart a more equitable and ethical path forward in their engagement with NAGPRA and related initiatives.

SAM’s journey with NAGPRA underscores the imperative for museums to critically examine their roles as custodians of cultural heritage and agents of social change. As SAM confronts the complexities of NAGPRA compliance, it underscores the need for museums to adopt more inclusive, transparent, and accountable practices in their engagement with indigenous communities and cultural stakeholder Moreover, SAM’s experiences with NAGPRA highlight the need for broader systemic reforms within the museum sector, including the development of more robust repatriation policies, enhanced training for museum staff, and greater community engagement initiatives.

In conclusion, SAM’s encounter with NAGPRA offers valuable insights into the complexities of navigating cultural heritage issues in the museum sector. As museums grapple with the imperatives of legal compliance, ethical stewardship, and cultural sensitivity, SAM’s experiences underscore the need for a more holistic and inclusive approach to museum governance and cultural representation.

About the Author:

Claire Killian is a Center for Art Law Guest Writer. She is currently a sophomore at Barnard College studying Art History and Religion. Her primary interests regard the legal issues pertaining to international art restitution. In addition to writing for the Center for Art Law, Claire has interned at the Ukrainian Museum and the Metropolitan Museum of Art, and edits Ratrock Magazine.

References:

  1. “Native American Graves Protection and Repatriation Act (U.S. National Park Service).” National Parks Service, U.S. Department of the Interior, http://www.nps.gov/subjects/nagpra/index.htm. Accessed 7 Mar. 2024. ↑
  2. “Programs: Cultural Heritage: Archaeology: Archaeology in BLM: Native American Graves Protection & Repatriation Act: Bureau of Land Management.” Native American Graves Protection & Repatriation Act | Bureau of Land Management, ↑
  3. Kate Fitz Gibbon, February 12, 2024. “The New NAGPRA: ‘traditional Knowledge’ in, Artifacts out. – Cultural Property News.” Cultural Property News – Cultural Property News, 6 Mar. 2024, culturalpropertynews.org/the-new-nagpra-traditional-knowledge-in-artifacts-out/. ↑
  4. “Fact Sheet: Biden-Harris Administration Announces New Actions and Historic Progress Supporting Tribal Nations and Native Communities Ahead of Third Annual White House Tribal Nations Summit.” The White House, The United States Government, 5 Dec. 2023, http://www.whitehouse.gov/briefing-room/statements-releases/2023/12/06/fact-sheet-biden-%E2%81%A0harris-administration-announces-new-actions-and-historic-progress-supporting-tribal-nations-and-native-communities-ahead-of-third-annual-white-house-tribal-nations-summit/. ↑
  5. Vansynghel, Margo. “Seattle Art Museum Removes Native Objects amid New Federal Rules.” The Seattle Times, The Seattle Times Company, 3 Feb. 2024, http://www.seattletimes.com/entertainment/visual-arts/seattle-art-museum-removes-native-objects-amid-new-federal-rules/. ↑
  6. “Interior Department Announces Final Rule for Implementation of the Native American Graves Protection and Repatriation Act.” U.S. Department of the Interior, 6 Dec. 2023, http://www.doi.gov/pressreleases/interior-department-announces-final-rule-implementation-native-american-graves. ↑
  7. “Land Acknowledgement.” Seattle Art Museum (SAM), http://www.seattleartmuseum.org/Exhibitions/Details?EventId=65130. ↑
  8. Schrader, Adam. “Indigenous Groups Respond after U.S. Museums Cover Native Artifacts.” Artnet News, 2 Feb. 2024, news.artnet.com/art-world/indigenous-groups-respond-display-native-artifacts-museums-2426071. ↑
  9. Schrader, Adam. “Indigenous Groups Respond after U.S. Museums Cover Native Artifacts.” Artnet News, 2 Feb. 2024, news.artnet.com/art-world/indigenous-groups-respond-display-native-artifacts-museums-2426071. ↑
  10. Schrader, Adam. “Indigenous Groups Respond after U.S. Museums Cover Native Artifacts.” Artnet News, 2 Feb. 2024, news.artnet.com/art-world/indigenous-groups-respond-display-native-artifacts-museums-2426071. ↑
  11. SAM, Decolonize. “The Decolonize Sam Movement Is Gaining Momentum, Not Going Away.” Sept. 15-21, 2021 | Real Change, Real Change, 15 Sept. 2021, http://www.realchangenews.org/news/2021/09/15/decolonize-sam-movement-gaining-momentum-not-going-away. ↑

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous Artificial Intelligence versus/& Human Artists: AI as a Creative Collaborator in Art
Next The Politics of Looking: Post-Mortem Privacy & Ethics in Contemporary Photography

Related Posts

(Credit: Blue Shield Austria, Blue Shield Placed in the National Historical Museum, Buenos Aires)

Protecting Culture in Times of Conflict

April 8, 2024
nymphs

Creativity Under Constraint: Censorship of Art is on the Up

September 6, 2023

Towering Ban on Ivory Trade

October 1, 2015
Center for Art Law
Sofia Tomilenko Let there be light!

A Gift for Us

this Holiday Season

Thank you to Sofia Tomilenko (the artist from Kyiv, Ukraine who made this Lady Liberty for us) and ALL the artists who make our life more meaningful and vibrant this year! Let there be light in 2026!

 

Last Gift of 2025
Guidelines AI and Art Authentication

AI and Art Authentication

Explore the new Guidelines for AI and Art Authentication for the responsible, ethical, and transparent use of artificial intelligence.

Download here
Center for Art Law

Follow us on Instagram for the latest in Art Law!

Our interns do the most. Check out a day in the li Our interns do the most. Check out a day in the life of Lauren Stein, a 2L at Wake Forest, as she crushes everything in her path. 

Want to help us foster more great minds? Donate to Center for Art Law.

🔗 Click the link below to donate today!

https://itsartlaw.org/donations/new-years-giving-tree/ 

#centerforartlaw #artlaw #legal #legalresearch #caselaw #lawyer #art #lawstudent #internships #artlawinternship
Paul Cassier (1871-1926 was an influential Jewish Paul Cassier (1871-1926 was an influential Jewish art dealer. He owned and ran an art gallery called Kunstsalon Paul Cassirer along with his cousin. He is known for his role in promoting the work of impressionists and modernists like van Gogh and Cézanne. 

Cassier was seen as a visionary and risk-tasker. He gave many now famous artists their first showings in Germany including van Gogh, Manet, and Gaugin. Cassier was specifically influential to van Gogh's work as this first showing launched van Gogh's European career.

🔗 Learn more about the impact of his career by checking out the link in our bio!

#centerforartlaw #artlaw #legalresearch #law #lawyer #artlawyer #artgallery #vangogh
No strike designations for cultural heritage are o No strike designations for cultural heritage are one mechanism by which countries seek to uphold the requirements of the 1954 Hague Convention. As such, they are designed to be key instruments in protecting the listed sites from war crimes. Yet not all countries maintain such inventories of their own whether due to a lack of resources, political views about what should be represented, or the risk of misuse and abuse. This often places the onus on other governments to create lists about cultures other than their own during conflicts. Thus, there may be different lists compiled by different governments in a conflict, creating an unclear legal landscape for determining potential war crimes and raising significant questions about the effectiveness of no strikes as a protection mechanism. 

This presentation discusses current research seeking to empirically evaluate the effectiveness of no strike designations as a protection mechanism against war crimes in Syria. Using data on cultural heritage attacks from the height of the Syrian Conflict (2014-2017) compiled from open sources, a no strike list completed in approximately 2012, and measures of underlying risk, this research asks whether the designations served as a protective factor or a risk factor for a given site and the surrounding area. Results and implications for holding countries accountable for war crimes against cultural heritage are discussed. 

🎟️ Grab your tickets using the link in our bio!

#centerforartlaw #artlaw #artlawyer #legalresearch #lawyer #culturalheritage #art #protection
What happens when culture becomes collateral damag What happens when culture becomes collateral damage in war?
In this episode of Art in Brief, we speak with Patty Gerstenblith, a leading expert on cultural heritage law, about the destruction of cultural sites in recent armed conflicts.

We examine the role of international courts, the limits of accountability, and whether the law can truly protect history in times of war.

We would like to also thank Rebecca Bennett for all of her help on this episode. 

 🎙️ Click the link in our bio to listen anywhere you get your podcasts.

#centerforartlaw #artlaw #legalresearch #artlawyer #lawyer #podcast #artpodcast #culturalheritage #armedconflict #internationallaw
Where did you go to recharge your batteries? Where did you go to recharge your batteries?
Let there be light! Center for Art Law is pleased Let there be light! Center for Art Law is pleased to share with you a work of art by Sofia Tomilenko, an illustration artist from Kyiv, Ukraine. This is Sofia's second creation for us and as her Lady Liberty plays tourist in NYC, we wish all of you peace and joy in 2026! 

Light will overcome the darkness. Світло переможе темряву. Das Licht wird die Dunkelheit überwinden. La luz vencerá la oscuridad. 

#artlaw #peace #artpiece #12to12
Writing during the last days and hours of the year Writing during the last days and hours of the year is de rigueur for nonprofits and what do we get?

Subject: Automatic reply: Thanks to Art Law! 

"I am now on leave until January 5th. 
. . .
I will respond as soon as I can upon on my return. For anything urgent you may contact ..."

Well, dear Readers, Students, Artists and Attorneys, we see you when you're working, we know when you're away, and we promise that in 2026 Art Law is coming to Town (again)!

Best wishes for 2026, from your Friends at the Center for Art Law!

#fairenough #snowdays #2026ahead #puttingfunback #fundraising #EYO2025
Less than a week left in December and together we Less than a week left in December and together we have raised nearly $32,000 towards our EOY fundraising $35,000 goal. If we are ever camera shy to speak about our accomplishments or our goals, our work and our annual report speak for themselves. 

Don’t let the humor and the glossy pictures fool you, to reach our full potential and new heights in 2026, we need your vote of confidence. No contribution is too small. What matters most is knowing you are thinking of the Center this holiday season. Thank you, as always, for your support and for being part of this community! 

#artlaw #EOYfundraiser #growingin2026 #AML #restitution #research #artistsright #contracts #copyright #bringfriends
This summer, art dealer James White and appraiser This summer, art dealer James White and appraiser Paul Bremner pleaded guilty for their participation in the third forgery ring of Norval Morisseau works uncovered by Canadian authorities. Their convictions are a key juncture in Canda's largest art fraud scheme, a scandal that has spanned decades and illuminated deep systemic failures within the art market to protect against fraud. 

Both White and Bremner were part of what is referred to as the 'Cowan Group,' spearheaded by art dealer Jeffrey Cowan. Their enterprise relied on Cowan fabricating provenance for the forged works, which he claimed were difficult to authenticate. 

In June, White, 87, pleaded guilty to to creating forged documents and possessing property obtained by crime for the purpose of trafficking. Later, in July, Paul Bremner pleaded guilty to producing and using forged documents and possessing property obtained through crime with the intent of trafficking. While Bremner, White, and Cowan were all supposed to face trial in the Fall, Cowan was the only one to do so and was ultimately found guilty on four counts of fraud. 

🔗 Click the link in our bio to read more.

#centerforartlaw #artlaw #legalresearch #artfraud #artforgery #canada #artcrime #internationallaw
It's the season! It's the season!
In 2022, former art dealer Inigo Philbrick was sen In 2022, former art dealer Inigo Philbrick was sentenced to seven years in prison for committing what is considered one of the United States' most significant cases of art fraud. With access to Philbrick's personal correspondence, Orlando Whitfield chronicled his friendship with the disgraced dealer in a 2024 memoir, All that Glitters: A Story of Friendship, Fraud, and Fine Art. 

For more insights into the fascinating story of Inigo Philbrick, and those he defrauded, read our recent book review. 

🔗 Click the link in our bio to read more!

#centerforartlaw #legalresearch #artlaw #artlawyer #lawer #inigophilbrick #bookreview #artfraud
The highly publicized Louvre heist has shocked the The highly publicized Louvre heist has shocked the globe due to its brazen nature. However, beyond its sheer audacity, the heist has exposed systemic security weaknesses throughout the international art world. Since the theft took place on October 19th, the French police have identified the perpetrators, describing them as local Paris residents with records of petty theft. 

In our new article, Sarah Boxer explores parallels between the techniques used by the Louvre heists’ perpetrators and past major art heists, identifying how the theft reveals widespread institutional vulnerability to art crime. 

🔗 Click the link in our bio to read more!

#centerforartlaw #artlaw #legalresearch #artcrime #theft #louvre #france #arttheft #stolenart
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law