The question of whether a museum can hold or display American Indian items often hinges on whether the Native American Graves Protection and Repatriation Act (NAGPRA) applies to the institution. NAGPRA, the primary federal law governing the repatriation and treatment of Native American human remains, funerary objects, sacred objects, and items of cultural patrimony, applies to any institution or state/local government agency that possesses or has control over Native American cultural items and receives federal funds. Under NAGPRA and its 204 regulation updates, these institutions must inventory their American Indian collections, consult with lineal descendants and affiliated tribes about the items, and return them when a valid request is made. If a museum is privately funded and receives no federal grants, contracts, or financial assistance (even indirectly through a parent organization), it is generally not legally bound by NAGPRA.
How are ways a museum may be federally funded? A museum might believe it is NAGPRA exempt, but under NAGPRA, "receiving federal funds" includes being part of a university, city government, or state agency that receives federal funds (even if the museum itself does not); receiving a single federal grant (like from the National Endowment for the Arts or National Endowment for the Humanities) in the past; or Covid-19 funds such as CARES Act or PPP loans. Even if not federally funded, other laws may apply regardless of federal funding status, e.g., the Archaeological Resources Protection and the Native American Cultural Heritage Protection Act make it illegal to traffic in items that were stolen from Tribal or federal lands. If an item was obtained illegally, the museum does not have clear title to it, and displaying it could lead to legal action. In addition, the American Alliance of Museums and the Association of Art Museum Directors standards require consultation with tribal authorities about the display of items.
What items may be legally required to be returned? NAGPRA includes human remains; objects buried with an individual; sacred objects (a specific ceremonial object needed by a traditional religious leader to practice traditional religion or healing); and objects of cultural patrimony (an object that has ongoing historical, traditional, or cultural importance such as pottery, weapons, baskets that no individual had the right to sell or give away).
What items are permissible to stay on display? Exhibits co-curated with local tribes and representing native perspectives as well as items with clear history of ownership to ensure they were not taken from graves nor a tribe or family are permissable.
Who makes the determination? The determination of what objects are sacred, patrimonial or funerary are up to tribal nations, rather than the institutions themselves.
Who should these items be returned? Lineal descendants and any tribe, band, nation, or other organized group or community of Indians recognized as eligible for the special programs and services provided by the United States because of their status.
How long do institutions have to update inventories of human remains and associated funerary objects? January 10, 2029. However, if a private institution starts receiving federal funds for the first time, it has five years from the date of receiving those funds to comply with the inventory.
Learn more with the Kansas Museum Association NAGPRA resources.

Fort Hays State Historic Site
Image: Otoe-Missouria item from the Doll House Museum in Marysville, that closed in 2021.
Many museums in Kansas have American Indian artifacts. Visit the following museums and know that several other museums also have tribal artifacts of interest.

Mad stones at Wabaunsee County Historical Society and Museum
Paleo artifacts at Atchison County Historical Society Museum
Nutting stone
Peace pipe with bag at Cloud County Historical Museum
Arkansas pottery at Roninger Museum
5,000-piece collection at Derby Historical Museum

Grinding stone

Artifacts

Pipes at Lyon County History Center

Pottery

Projectile points

Dishware

Clay pipe

Knife and pouch
Choices at Fort Hays State Historic Site
Stone tools at Brown County Museum