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25 U.S.C. § 3004 — Summary for unassociated funerary objects, sacred objects, and cultural patrimony
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each Federal agency or museum which has possession or control over holdings or collections of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony shall provide a written summary of such objects based upon available information held by such agency or museum. The summary shall describe the scope of the collection, kinds of objects included, reference to geographical location, means and period of acquisition and cultural affiliation, where readily ascertainable.
**(b) Requirements**
(1) The summary required under subsection (a) shall be—
(A) in lieu of an object-by-object inventory;
(B) followed by consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders; and
(C) completed by not later than the date that is 3 years after November 16, 1990.
(2) Upon request, Indian Tribes 11 So in original. Probably should not be capitalized. and Native Hawaiian organizations shall have access to records, catalogues, relevant studies or other pertinent data for the limited purposes of determining the geographic origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American objects subject to this section. Such information shall be provided in a reasonable manner to be agreed upon by all parties.
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Stable record: federal_law:legal_authorities:record_usc_7d2fa8c4b2b290424d520ad8
Source file: Laws/federal/codes/united-states-code/title-25/section-3004-summary-for-unassociated-funerary-objects-sacred-objects-and-cultural-pa--3ff699989b.md
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Source location: Title 25, Chapter 32, § 3004; chapter-032-native-american-graves-protection-and-repatriation.md
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**(a) In general** Each Federal agency or museum which has possession or control over holdings or collections of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony shall provide a written summary of such objects based upon available information held by such agency or museum. The summary shall describe the scope of the collection, kinds of objects included, reference to geographical location, means and period of acquisition and cultural affiliation, where readily ascertainable.
**(b) Requirements**
(1) The summary required under subsection (a) shall be—
(A) in lieu of an object-by-object inventory;
(B) followed by consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders; and
(C) completed by not later than the date that is 3 years after November 16, 1990.
(2) Upon request, Indian Tribes 11 So in original. Probably should not be capitalized. and Native Hawaiian organizations shall have access to records, catalogues, relevant studies or other pertinent data for the limited purposes of determining the geographic origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American objects subject to this section. Such information shall be provided in a reasonable manner to be agreed upon by all parties.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Summary** Not later than December 31, 1996, the Secretary of the Smithsonian Institution shall provide a written summary that contains a summary of unassociated funerary objects, sacred objects, and objects of cultural patrimony (as those terms are defined in subparagraphs (B), (C), and (D), respectively, of [section 3001(3) of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001/3&num=0&edition=prelim), based upon available information held by the Smithsonian Institution. The summary required under this section shall include, at a minimum, the information required under [section 3004 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3004&num=0&edition=prelim).
**(b) Repatriation** Where cultural affiliation of Native American unassociated funerary objects, sacred objects, and objects of cultural patrimony has been established in the summary prepared pursuant to subsection (a), or where a requesting Indian tribe or Native Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion, then the Smithsonian Institution shall expeditiously return such unassociated funerary object, sacred object, or object of cultural patrimony where—
(1) the requesting party is the direct lineal descendant of an individual who owned the unassociated funerary object or sacred object;
(2) the requesting Indian tribe or Native Hawaiian organization can show that the object was owned or controlled by the Indian tribe or Native Hawaiian organization; or
(3) the requesting Indian tribe or Native Hawaiian organ
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 80q–9a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Repatriation of Native American human remains and objects possessed or controlled by Federal agencies and museums**
(1) If, pursuant to [section 3003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3003&num=0&edition=prelim), the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian organization is established, then the Federal agency or museum, upon the request of a known lineal descendant of the Native American or of the tribe or organization and pursuant to subsections (b) and (e) of this section, shall expeditiously return such remains and associated funerary objects.
(2) If, pursuant to [section 3004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3004&num=0&edition=prelim), the cultural affiliation with a particular Indian tribe or Native Hawaiian organization is shown with respect to unassociated funerary objects, sacred objects or objects of cultural patrimony, then the Federal agency or museum, upon the request of the Indian tribe or Native Hawaiian organization and pursuant to subsections (b), (c) and (e) of this section, shall expeditiously return such objects.
(3) The return of cultural items covered by this chapter shall be in consultation with the requesting lineal descendant or tribe or organization to determine the place and manner of delivery of such items.
(4) Where cultural affiliation of Native American human remains and funerary objects has not been established in an inventory prepared pursuant to [section 3003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3003&num=0&edition=prelim), or the summary pursuant to [section 3004 of thi
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3005
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Federal law — U.S. Code and appendices · legal_authorities
Page 533
TITLE 25—INDIANS
§ 3005
1 So in original. Probably should not be capitalized.
marizes the information called for by this sec-
tion.
(Pub. L. 101–601, § 5, Nov. 16, 1990, 104 Stat. 3052.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(2), was in the
original ‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16,
1990, 104 Stat. 3048, known as the Native American
Graves Protection and Repatriation Act, which is clas-
sified principally to this chapter. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 3001 of this title and Tables.
§ 3004. Summary for unassociated funerary ob-
jects, sacred objects, and cultural patrimony
(a) In general
Each Federal agency or museum which has
possession or control over holdings or collec-
tions of Native American unassociated funerary
objects, sacred objects, or objects of cultural
patrimony shall provide a written summary of
such objects based upon available information
held by such agency or museum. The summary
shall describe the scope of the collection, kinds
of objects included, reference to geographical lo-
cation, means and period of acquisition and cul-
tural affiliation, where readily ascertainable.
(b) Requirements
(1) The summary required under subsection (a)
shall be—
(A) in lieu of an object-by-object inventory;
(B) followed by consultation with tribal gov-
ernment and Native Hawaiian organization of-
ficials and traditional religious leaders; and
(C) completed by not later than the date
that is 3 years after November 16, 1990.
(2) Upon request, Indian Tribes 1 and Native
Hawaiian organizations shall have access to
records, catalogues, relevant studies or other
pertinent data for the limited purposes of deter-
mining the g
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3004
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