No. The Voluntary Returns Program is not a private-sphere substitute for the repatriation of human remains and communally-owned objects under NAGPRA, a federal law. Under NAGPRA, museums and institutions that receive federal funding are required to create lists of human remains and certain broad categories of Native American objects in their inventories, and to provide these lists to the associated tribes, which can request their return.

NAGPRA covers a wide variety of materials from items of common use and items in trade, to items deemed sacred or inalienable cultural patrimony. However, NAGPRA participant institutions have interpreted NAGPRA criteria very differently. No fixed standard for identification has been established for ‘sacred’ or ‘inalienable’ objects through NAGPRA.

The ATADA Foundation Returns Program is an art dealer and collector sponsored initiative, designed to bring objects that have circulated legally in trade, usually for decades, back to tribes on a purely voluntary basis as gifts or donations to the tribal communities. The returned items are usually objects that are needed for present-day ritual activities by the tribes. Unlike in museum and institutional collections, human remains are almost never found in private collections, and the Voluntary Returns Program does not handle them. Individuals in possession of human remains should contact federal authorities directly to return them.

The Voluntary Returns Program was created specifically to return objects to the proper tribe, in a private and culturally-sensitive process. The first step for a prospective donor is to contact Bob Gallegos, ATADA Foundation Board member and Chairperson of the Voluntary Returns Program. He can be contacted at 505-262-0620; by email at Gallegos@nmia.com or by mail at 215 Sierra Drive, SE, Albuquerque, NM 87108.

(If a donor wants to make a gift of an object to a tribe, the donor can contact the tribal cultural heritage officer of a tribe directly. Tribal Historical Preservation Officers for each tribe may be located on the Internet at https://members.nathpo.org/thpodirectory/ or visiting the websites for specific tribes.)

On receipt of an object or photograph of an object proposed for return, the chairperson of the Voluntary Returns Program will contact tribal elders from the various tribes to which the item may belong, emailing them a photograph or drawing of the item. In our experience, the tribal elders and cultural officers have been very helpful, either claiming objects as belonging to their tribe, or suggesting that the chairperson contact another tribe. This process is followed until the correct tribal organization is located.

If a tribal cultural entity fails to respond within six weeks, it is assumed that the tribe does not wish to have the object returned. In the event that no claim is made, the item will be returned to the prospective donor collector, dealer or museum. In the event a claim is made, a receipt will be prepared that will be signed by the proper tribal authority. This receipt will have a photograph of the item and the tribal group will sign acknowledging receipt of the item. This receipt is for documentation purposes; it is not a receipt for a charitable gift for IRS purposes.

The Returns Chairperson follows the lead of the tribe, both in determining where the object is returned and how it is transported. In some cases, tribal representatives will come to pick up the object in Albuquerque. The chairperson has made numerous trips to Hopi, Navajo, Zuni, and other tribal communities (sometimes a 5 hour drive each way) in order to return items in person, ensuring that each item is treated respectfully.

The Foundation does not make that decision; ultimately, it is made by tribal members who are initiates or cultural specialists. Certain types of items may be inferred to be currently of religious importance to tribes based upon historic photographs and publications.

If an ATADA member is not sure of the ceremonial status of an object offered to them for sale or on consignment, the chairperson of the Voluntary Returns program can be contacted for assistance. If this is the case, the religious elders of a tribal group (that we can best determine) is contacted. A photo will be emailed. They will either make a claim or say it is not theirs. Sometimes, the tribal group will be able to make suggestions as to the proper group.

Although gifts to recognized tribal entities are treated similarly to gifts to government or to a public charity for tax purposes, only a few tribes are willing to sign an IRS 8283 form. At least one Pueblo, Acoma, is willing to provide an 8283 Donation Form on receipt of a gifted object, so that the donor can take a charitable deduction for an item’s fair market value. The Navajo nation is working on providing similar documentation. However, tribes will not provide valuations for ceremonial objects and have concerns about signing the necessary 8283 forms, even though these forms only acknowledge receipt by the tribal entity.

The Foundation has been working with the tribes to encourage them to provide receipts suitable for a tax deduction. ATADA believes that a format acceptable to both the U.S. Internal Revenue Service and the tribal entities could be developed, and would encourage many additional gifts to tribes.

If the ATADA Foundation Voluntary Return Program is asked to research or return an item, the owner must sign a form relieving the Foundation of all liability and giving it permission to proceed with discussions with the tribes.