Native American arts and crafts

Sellers need to follow federal law when describing an art or craft item produced or made after 1935 as a Native American piece. Under the Indian Arts and Crafts Act, all arts or crafts offered for sale as American Indian or Alaska Native must be made by an enrolled member of a state or federally recognized Indian tribe or by an individual certified as an Indian artisan by the governing body of an Indian tribe. If you're representing your arts and crafts as an "American Indian" or "Alaska Native" piece, you're required to include the name of the artisan who made the item, as well as the name of the tribe. If the artisan isn't a member of a tribe, but is certified by the governing body of a tribe, this information must be in the listing. Authentic Native American arts and crafts should be listed in the Collectibles > Cultures & Ethnicities > Native Americana categories.

If the artisan name and tribe or certifying tribe is unknown, the piece can't be described as “Native American,” “American Indian,” or “Alaska Native.” These items also can't be listed in the Native Americana category, which is designed for authentic Native American arts and crafts.

eBay supports the letter and spirit of the Indian Arts and Crafts Act, so sellers can't use words like "Indian Style," "Native American Style," or "Native American Reproduction." These labels can confuse buyers and make it hard for them to find authentic items.

If you have questions about selling American Indian or Alaska Native art or crafts on eBay, please call the Indian Arts and Crafts Board (IACB) at (202) 208-3773, or visit the IACB's About Me page.

Native American reproductions

Native American reproductions must be clearly marked as reproductions in both the title and body of the description. The font size of this text must be identical to that of the rest of the listing.

In addition, these items must be listed in the Native Americana > Reproductions category. If you don't use the correct category or font size, the listing will be ended. This policy applies to all Native American items, including crafts and artifacts.

Artifacts, relics, and fossils

Sellers listing artifacts, relics, or fossils on eBay must make sure their items are authentic and from the time period of the category of their listings. Any modernizing or reworking of the item must be fully described in the listing. If the item is a reproduction, it must clearly say it's a reproduction in both the title and body of the description. Also, these items need to be listed in a proper reproduction or fantasy category.

Sellers aren't permitted to list any artifact, relic, or fossil taken from any federal or state public land. These areas include lands managed by the National Park Service, U.S. Bureau of Land Management, U.S. Fish and Wildlife Service, and U.S. Forest Service. Sellers aren't permitted to list any artifact or relic taken from Native American land or any battlefield.

Additionally, sellers aren't permitted to list antiquities of cultural significance without the proper documentation from the country of origin. This includes artifacts from ancient civilizations and pieces of historical landmarks like the Egyptian pyramids, Roman coliseums, or the Great Wall of China. Listings must include information (either an image or a link to a scan of the documentation) showing the item is legal to sell or import/export.

Native American graves and items of cultural significance

Sellers aren't permitted to list items from Native American or Native Hawaiian gravesites, like human remains, grave markers, or any funerary objects placed with the dead.

Sellers also can't list sacred objects used by Native American religious leaders in their ceremonial practices -- such as prayer sticks and ceremonial masks.

The federal Native American Graves Protection and Repatriation Act describes these rules.

All other graves, tombstones and related funerary items

Sellers aren't allowed to list items taken from historical gravesites like battlefields, protected lands, or shipwrecks. New burial plots, headstones, and related markers that have never been placed in the ground are permitted on eBay. New funerary items such as caskets and urns can be sold on eBay. Used funerary items like markers, headstones, and urns aren't permitted on eBay.

Cave formations

Sellers aren't allowed to list speleothems, stalactites, and stalagmites taken from caves on federal land. Sellers should become familiar with the Federal Cave Resources Protection Act of 1988 and follow all federal and state laws before listing an item.

An item legally removed from private land may be sold. However, government survey markers, like those issued and marked by the U.S. Geological Survey, can't be listed unless the listing includes information (either an image or a link to a scan of the documentation) showing proof that the government has transferred ownership to a private party.

eBay cooperates with the Department of the Interior, Department of Agriculture, Bureau of Indian Affairs, and Federal Bureau of Investigation in determining what items may lawfully be sold.

Because the sale of artifacts, grave-related items, and Native American crafts is regulated by law, sellers must follow the law when they list those items.