In April 2022, the Smithsonian adopted a Shared Stewardship and Ethical Returns Policy. The policy acknowledges that ethical norms and professional best practices in collecting have changed. The Smithsonian has collections that it would not have acquired under present-day standards. Although the Smithsonian has legal title or custody of its collections, continued retention or sole stewardship may cause harm to descendants or communities and be fundamentally inconsistent with the Smithsonian’s ethical standards and values. In these circumstances, shared stewardship or ethical return may be appropriate.

The Smithsonian recognizes the value of community representation in its collections. Preserving and making available to the public—with honor and respect—a diverse range of collections, stories, and histories is essential to carrying out the Smithsonian’s role as collaborative custodian of cultural and historical legacies. Therefore, the Smithsonian is committed to working transparently and in consultation with individuals, descendent communities, and other stakeholders to consider matters of shared stewardship and the potential return of collections based on ethical considerations.

“This new policy is a cultural shift in our concepts of possession, ownership, and stewardship of collections. Its adoption is an expression of our values and commitment to meet our ethical obligations as a national and international cultural institution.” – Secretary Lonnie G. Bunch III

National Air and Space Museum Shared Stewardship and Ethical Returns Policy 

1. Statement of Purpose

In response to Smithsonian's Shared Stewardship and Ethical Returns Policy (adopted April 29, 2022), the National Air and Space Museum (NASM) has established the following procedures for ethical collections acquisition, care, and stewardship as an amendment to  its existing policies and procedures. The NASM mission establishes our role to collect, preserve, and study artifacts, artworks, and archival materials related to the history, culture, technology, and science of aviation and spaceflight and the study of the universe. Implicit within our mission is the idea, articulated in the AAM Code of Ethics for Museums (1993), that we must approach our collecting activities with the understanding that "(t)he stewardship of collections entails the highest public trust and carries with it the presumption of rightful ownership, permanence, care, documentation, accessibility and responsible disposal.

We recognize that the ethical norms and best practices within the museum profession have changed over time, as has the understanding of "rightful ownership," and that while a collection item may have been legally acquired, continued control by NASM may not be consistent with current ethical practices, principles, and values.  

With these considerations in mind, NASM has established a process to review and respond to inquiries related to collection items when there is concern or belief that said items were not collected or acquired in an ethical manner. Inquiries may be made via email to NASM-ERSS@si.edu. Requests and inquiries sent to this resource account are received by the NASM Shared Stewardship and Ethical Returns Team (see “Authority and Responsibility” section below). It is the Team’s responsibility to respond promptly to inquiries, to ensure appropriate research and documentation is completed, and to confirm that the decision-making process adheres to NASM and SI policies. 

2. Applicability

The NASM Shared Stewardship and Ethical Returns Policy applies to all NASM collection items identified in our Collections Management Policy as well as any associated collections information, including images, scans, surrogates, or other derivatives, all of which may exist in physical or digital form. Should an artifact be returned under this policy, NASM shall make good-faith efforts to restrict access to any copies of the related material or negotiate the Smithsonian’s terms of use for these materials.

NASM will also examine the ethical status of artifacts under consideration for acquisition/accession into the national collections. NASM is committed to reviewing an item's provenance and assessing potential ethical concerns prior to acquiring new material or deaccessioning material from its collection.

3. Authority and Responsibilities

The NASM Shared Stewardship and Ethical Returns Team will address requests and serve as the point of contact for both external and internal requesting entities. The Team is comprised of staff from the Curatorial, Collections and Communications Departments including:

• Associate Director, Research and Curatorial Affairs
• Assistant Director, Collections
• Aeronautics Department Chair
• Space History Department Chair
• Archives Department Chair
• Chief Registrar
• Director of Communications

For a given request, the Team will consult with the appropriate subject matter experts and responsible curators for the objects in question.

Addressing an Inquiry or Request

The NASM Shared Stewardship and Ethical Returns Team will evaluate the merits of all requests received, document findings in a formal report and submit request information to the Smithsonian's Shared Stewardship and Ethical Returns Request Tracking System. NASM will endeavor to address all requests promptly.  In applying evaluation criteria to specific requests, NASM will review the information provided by the requester, consult with the requester and other relevant parties, and conduct research into the provenance of the collection item, the manner and context of its acquisition over time, and any other relevant matters.

Absent an outside request, if NASM staff have reason to believe that a collection item raises ethical concerns under the NASM Shared Stewardship and Ethical Returns Policy, the NASM Shared Stewardship and Ethical Returns Team should proactively research and determine appropriate action steps to resolve concerns consistent with the policy. 

Decision Making

The decision to return a collection item or enter into a shared stewardship agreement will be made by the NASM Director, based on the findings reported by the NASM Shared Stewardship and Ethical Returns Team. Findings which trigger an ethical return or shared stewardship agreement must follow general Smithsonian policies and may require additional review by Smithsonian senior leadership.

Shared stewardship arrangements resulting from a request for ethical return must be documented in writing and approved by the Smithsonian Under Secretary for Science and Research in consultation with the OGC and NCP.

Requests for shared stewardship or ethical return that are denied by the NASM Shared Stewardship and Ethical Returns Team and the NASM Director must be reviewed and agreed to by the Smithsonian Under Secretary for Science and Research. 

Implementing the Decision

All decisions, including approvals for ethical returns, approvals of a shared stewardship arrangement, or request denials will be communicated to the requesting entity with a justification or rationale for NASM's decision. 

The NASM Shared Stewardship and Ethical Returns Team will coordinate ethical returns with other Smithsonian offices, including the National Collections Program (NCP), Office of General Counsel (OGC), and Office of International Relations (OIR), and the Under Secretary for Science and Research, as required.  

The NASM Shared Stewardship and Ethical Returns Team will coordinate shared stewardship arrangements, which may include, but are not limited to, collaborative consultations for the respectful attribution, documentation, interpretation, display, care, storage, access, use, or disposition of an artifact or collections. 

4. Evaluation Criteria for Shared Stewardship and Ethical Returns

Requests for the ethical return or shared stewardship of NASM collection items will be reviewed for applicability by examining two key questions.

• First, is the requester the appropriate party to make the request based on the nature of their relationship to the collection item in question or does the requester have the authority to act on behalf of the party seeking shared stewardship or return?  This is referred to below as Requester’s Standing.
• Second, does the request demonstrate an appropriate case for return or shared stewardship based on ethical considerations? 

The criteria for evaluations shall include the following:

Evaluating Requester's Standing

Requester must possess and demonstrate an appropriate and requisite relationship to the material requested based on the known or extrapolated historical and/or cultural provenance, background and/or context of the collections item. This will be determined through a review of information provided by the requester and research conducted by the NASM Shared Stewardship and Ethical Returns Team. It is expected that individuals or organizations with standing will commonly include:

• The individual or descendant of the individual from whom the collections item(s) were unethically acquired.
• Representatives of communities from whom the collections item(s) were unethically acquired.  
• An international entity, such as a foreign government, ministry of culture, cultural attaché, or national museum. 

Evaluating Facts and Circumstances Surrounding Collection Item's Acquisition

Based on all the facts and circumstances presented by the requestor, and any additional information identified independently, NASM will conduct a review to determine if a reasonable basis exists to conclude that an item or set of items was unethically acquired. Questions/issues that will be reviewed include: 

• What are the circumstances of the original acquisition?
• What are the circumstances of the acquisition by NASM?
• Is there evidence that the collection item was acquired forcibly, under duress, through coercion, involuntarily, or without consent?
• Are there other issues of concern in the provenance of the collections item?
• Would retaining the item perpetuate harm or be inconsistent with the Smithsonian’s core values? 

The review process will not consider a collection item's artistic, historical, cultural, or monetary value, nor a requester’s ability to meet Smithsonian standards of care. Should it be determined that an item or set of items was unethically acquired, NASM will work with the requesting entity to determine whether a return or the establishment of a shared stewardship agreement is the most appropriate course of action.