'Homecoming': Pueblo of Acoma set to reclaim sacred item

Monday, November 18, 2019  

The Acoma Shield is finally coming home after years in legal and political limbo.

The sacred item was taken from the Pueblo of Acoma in New Mexico in the early 1970s. It ended up in France, where it went up for auction until diplomatic efforts halted the sale at the last minute back in 2016.

The shield, however, remained in France, triggering new legal and political battles. But those are finally over and the tribe is ready to reclaim an important piece of its heritage.

"Acoma has looked forward to this day for the last four years, steadfastly working with many people for this result," Governor Brian D. Vallo said on Monday morning. "The Pueblo of Acoma is deeply grateful for the assistance of the many parties who have supported us in our efforts to reclaim the Acoma Shield.”

The tribe is hosting a press conference at the Bureau of Indian Affairs office in Albuquerque, New Mexico, in the morning to discuss the historic return of the Acoma Shield. Gov. Vallo will be joined by U.S. Attorney John Anderson, James Langenberg of the Federal Bureau of Investigation and James “Jim” James from the BIA.

"The Pueblo of Acoma has waited years for the return of the Shield after successfully halting its sale at auction," Vallo said. "The shield is integral to the cultural sustainability of the Acoma people and is a significant item of our cultural patrimony."

Vallo credited federal officials with helping secure the return of its sacred property. But he also thanked a New Mexico man named Jerold Collings, whose family had possession of the item for "several decades."

According to a claim filed in federal court, Collings "inherited" the shield after his mother passed away in 1984. He said it had been kept in a box until around 2012 and he denied any knowledge of it being stolen or taken from the tribe.

"Claimant is an innocent owner of the shield," the filing said of Collings.

In a separate court filing, Collings admitted he shipped the shield to the EVE Auction House in France. He denied having it "smuggled out of the United States."

But after the tribe informed Collings "of the shield’s importance to the Pueblo, he cooperated with Pueblo leadership to secure its return to Acoma," Gov. Vallo said. A settlement agreement was reached in July, paving the way for its release to federal officials. From there, the shield will be given back to the tribe.

"Its homecoming is critical and highly sensitive," Vallo added. "With absolutely no intent to diminish the great effort of achieving this momentous return, we continue to ask the public for privacy as the Pueblo prepares to welcome the shield home."

For years, the EVE Auction House has repeatedly sold tribal property over the objections of Indian nations and the United States. The company has long insisted that it acquired all items in compliance with French law.

Since the items are outside of the U.S., laws such as the Native American Graves Protection and Repatriation Act cannot be used to reclaim them. In the case of the Acoma Shield, federal authorities instead cited the Archaeological Resources Protection Act and a stolen goods law in hopes of having it returned to its rightful owner.

It’s time to stop the raids on Native American cultural artifacts and make sure perpetrators are held accountable. That’s why I’m proud to cosponsor the STOP Act. https://t.co/383nDNAHiY

— Rep. Deb Haaland (@RepDebHaaland) July 18, 2019

The lack of protections prompted lawmakers to introduce the Safeguard Tribal Objects of Patrimony Act. The bipartisan bill, also known as the STOP Act, makes it a crime to export tribal items from the U.S. It also increase penalties for stealing and illegally trafficking tribal cultural patrimony.

“No one’s cultural, sacred, and historical items should be stolen and trafficked for profit, but for centuries Native American property has been taken from our communities and sold off to the highest bidder," said Rep. Deb Haaland (D-New Mexico), a citizen of the Pueblo of Laguna, which is located near Acoma. "Our people are not just some long ago culture forced into extinction – we are still here and we still practice our traditional ceremonies and pilgrimages."

"The STOP Act would ensure that our communities regain the authority to determine how and where our loved ones and property are shared, while ensuring those responsible for taking our sacred property bare the consequences,” said Haaland, who is one of the first two Native women to serve in Congress.

The House version of the bill is H.R.3846. A hearing took place before the House Subcommittee for Indigenous Peoples of the United States on September 19.

"Despite the existing federal laws in place, trafficking in tribal cultural heritage items continues unabated, especially internationally," Governor Timothy Manchego of the Pueblo of Santa Ana said in his testimony in support of the STOP Act.

"According to the Government Accountability Office, tribal cultural heritage items are being illegally obtained, transported, and sold in overseas auctions and other marketplaces," Manchego told lawmakers, citing a GAO report from September 2018. "A quick look at past auction catalogs of places where Pueblos’ cultural heritage items have been sold reveals the sheer enormity of tribal cultural heritage items that have left the country."

The Senate version is S.2165. A hearing has not yet been held in the chamber.

Until such legislation becomes law, Indian nations will have to rely on other channels to secure the return of their property. Diplomatic efforts recently resulted in an agreement for the Republic of Finland to return ancestral remains and artifacts that were taken more than a hundred years ago from a site now known as Mesa Verde National Park in Colorado. Pueblo tribes will be among the recipients.

“The agreement recognizes the importance of treating these individuals and their descendants, who will be welcoming them home, with dignity. It also reaffirms how important that Native American remains be treated with care and respect," said Assistant Secretary for Indian Affairs Tara Sweeney, the Trump administration official who oversees the BIA.

From the Department of Justice:

GAO-18-537: Native American Cultural Property: Additional Agency Actions Needed to Assist Tribes with Repatriating Items from Overseas Auctions (September 2018)

Pueblo of Acoma reclaims sacred items with help of federal authorities (December 19, 2018)
Report confirms big market for sale of tribal cultural property (September 5, 2018)
Graham Lee Brewer: Native ancestors are often treated like collector's items (June 11, 2018)
Tribal items still going up for sale as lawmakers advance STOP Act (May 17, 2018)
Sacred pipe sold at auction being returned to tribes thanks to anonymous buyer (May 9, 2018)
Trump administration sets up roadblocks as tribes call for return of sacred items (November 8, 2017)
Senate Committee on Indian Affairs takes up cultural patrimony and Indian Health Service bills (October 30, 2017)
Tribes seek greater protections for sacred and cultural property (October 18, 2016)
House passes measure to combat illegal sale of tribal property (September 23, 2016)
Bill to protect tribal cultural property gains steam on Capitol Hill (September 20, 2016)
Federal authorities file warrant for shield stolen from Acoma Pueblo (August 2, 2016)
Tribes support bill in Senate to stop the export of cultural property (July 6, 2016)
Lakota Country Times: Tribes fail to stop auction of warrior shirt (June 8, 2016)
Cronkite News: Tribes seek return of property up for sale in France (May 25, 2016)