Who owns the Native American heritage: The unresolved issue of the repatriation of Native American sacred and cultural patrimony

For centuries, Native Americans have battled museum professionals, scientists, and the Federal Government over the ethical and legal rights to Indian artifacts and human remains. The problem is still unresolved. This paper discusses this controversy, which has intensified over the past 25 years, focusing on influential Federal legislation, and arguments posited by Native American tribal and advocacy groups, museum professionals, and scientists. Both primary and secondary sources, Native American groups, educators, museum professionals, archaeologists, legal experts, and Federal Government officials were consulted. These sources discussed current situations and opinions, presented diverse viewpoints, and illustrated a spirit of compromise which has evolved within the museum and scientific communities. Over the past 25 years, Native Americans have demanded greater recognition of their civil and cultural rights. As a result, Federal laws have evolved that enable them to protect their sacred artifacts and ancestral remains. In addition, the museum and scientific communities have developed greater awareness and understanding of contemporary Native American concerns. This progress is impressive. However, it is apparent, as this paper concludes, that this complex and sensitive issue is far from resolution.