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Repatriation and the Limits of Custodianship

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Repatriation and the Limits of Custodianship

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

The Native American Graves Protection and Repatriation Act, passed by the United States Congress in 1990, tested the idea of custodianship directly by writing into federal law a legal process through which museums and other institutions holding Native American human remains, funerary objects, sacred objects and objects of cultural patrimony can be required to return them to the tribes and descendant communities that can establish a documented claim to them.

That law forced institutions across the country to do something museums had rarely done systematically before, inventory their own holdings specifically to identify which objects fell under those categories, and to open a formal process for a community to press a claim rather than leaving the question to an institution's own discretion. The result has been a real, ongoing transfer of objects out of institutional custody and back to the communities that made or held them sacred, decades after those same objects first entered a collection.

The law's underlying premise, that lawful possession of a sacred object is not the same as a rightful claim to keep it, has since shaped how institutions elsewhere think about custody more broadly, and a custodian entry that records only where an object presently sits, without recording whether that custody is settled or actively contested, would be recording only half the object's actual history.

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