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25 U.S.C. § 3003 — Inventory for human remains and associated funerary objects
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each Federal agency and each museum which has possession or control over holdings or collections of Native American human remains and associated funerary objects shall compile an inventory of such items and, to the extent possible based on information possessed by such museum or Federal agency, identify the geographical and cultural affiliation of such item.11 So in original. Probably should be “items.”
**(b) Requirements**
(1) The inventories and identifications required under subsection (a) shall be—
(A) completed in consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders;
(B) completed by not later than the date that is 5 years after November 16, 1990, and
(C) made available both during the time they are being conducted and afterward to a review committee established under [section 3006 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3006&num=0&edition=prelim).
(2) Upon request by an Indian tribe or Native Hawaiian organization which receives or should have received notice, a museum or Federal agency shall supply additional available documentation to supplement the information required by subsection (a) of this section. The term “documentation” means a summary of existing museum or Federal agency records, including inventories or catalogues, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American human remains and associated funerary objects subject to this section. Such term does not mean, and this chapter shall not be construed to be an authorization for, the initiation of new scientific studie
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Stable record: federal_law:legal_authorities:record_usc_9f37e0997389859a09caf519
Source file: Laws/federal/codes/united-states-code/title-25/section-3003-inventory-for-human-remains-and-associated-funerary-objects--aa3feb8399.md
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Source location: Title 25, Chapter 32, § 3003; chapter-032-native-american-graves-protection-and-repatriation.md
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**(a) In general** Each Federal agency and each museum which has possession or control over holdings or collections of Native American human remains and associated funerary objects shall compile an inventory of such items and, to the extent possible based on information possessed by such museum or Federal agency, identify the geographical and cultural affiliation of such item.11 So in original. Probably should be “items.”
**(b) Requirements**
(1) The inventories and identifications required under subsection (a) shall be—
(A) completed in consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders;
(B) completed by not later than the date that is 5 years after November 16, 1990, and
(C) made available both during the time they are being conducted and afterward to a review committee established under [section 3006 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3006&num=0&edition=prelim).
(2) Upon request by an Indian tribe or Native Hawaiian organization which receives or should have received notice, a museum or Federal agency shall supply additional available documentation to supplement the information required by subsection (a) of this section. The term “documentation” means a summary of existing museum or Federal agency records, including inventories or catalogues, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American human remains and associated funerary objects subject to this section. Such term does not mean, and this chapter shall not be construed to be an authorization for, the initiation of new scientific studies of such remains and associated funerary objects or other means of acquiring or preserving additional scientific information from such remains and objects.
**(c) Extension of time for inventory** Any museum which has made a good faith effort to carry out an inventory and identification under this section, but which has been unable to complete the process, may appeal to the Secretary for an extension of the time requirements set forth in subsection (b)(1)(B). The Secretary may extend such time requirements for any such museum upon a finding of good faith effort. An indication of good faith shall include the development of a plan to carry out the inventory and identification process.
**(d) Notification**
(1) If the cultural affiliation of any particular Native American human remains or associated funerary objects is determined pursuant to this section, the Federal agency or museum concerned shall, not later than 6 months after the completion of the inventory, notify the affected Indian tribes or Native Hawaiian organizations.
(2) The notice required by paragraph (1) shall include information—
(A) which identifies each Native American human remains or associated funerary objects and the circumstances surrounding its acquisition;
(B) which lists the human remains or associated funerary objects that are clearly identifiable as to tribal origin; and
(C) which lists the Native American human remains and associated funerary objects that are not clearly identifiable as being culturally affiliated with that Indian tribe or Native Hawaiian organization, but which, given the totality of circumstances surrounding acquisition of the remains or objects, are determined by a reasonable belief to be remains or objects culturally affiliated with the Indian tribe or Native Hawaiian organization.
(3) A copy of each notice provided under paragraph (1) shall be sent to the Secretary who shall publish each notice in the Federal Register.
**(e) Inventory** For the purposes of this section, the term “inventory” means a simple itemized list that summarizes the information called for by this section.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the term—
(1) “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited.
(2) “cultural affiliation” means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group.
(3) “cultural items” means human remains and—
(A) “associated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects.11 So in original. The period probably should be a comma.
(B) “unassociated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, where the remains are not in the possession or control of the Federal agency or museum and the objects can be identified by a preponderance of the evidence as related to specific individuals or families or to known human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe,
(C) “sacred objects” which
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** Within 120 days after November 16, 1990, the Secretary shall establish a committee to monitor and review the implementation of the inventory and identification process and repatriation activities required under sections 3003, 3004 and 3005 of this title.
**(b) Membership**
(1) The Committee 11 So in original. Probably should not be capitalized. established under subsection (a) shall be composed of 7 members,
(A) 3 of whom shall be appointed by the Secretary from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders with at least 2 of such persons being traditional Indian religious leaders;
(B) 3 of whom shall be appointed by the Secretary from nominations submitted by national museum organizations and scientific organizations; and
(C) 1 who shall be appointed by the Secretary from a list of persons developed and consented to by all of the members appointed pursuant to subparagraphs (A) and (B).
(2) The Secretary may not appoint Federal officers or employees to the committee.
(3) In the event vacancies shall occur, such vacancies shall be filled by the Secretary in the same manner as the original appointment within 90 days of the occurrence of such vacancy.
(4) Members of the committee established under subsection (a) shall serve without pay, but shall be reimbursed at a rate equal to the daily rate for GS–18 of the General Schedule for each day (including travel time) for which the member is actually engaged in committee business. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
**(c) Responsibilities** The committee established under subsection (a) shall be responsible for—
(1
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 532
TITLE 25—INDIANS
§ 3003
1 So in original. Probably should be ‘‘items.’’
(3) If the Secretary of the Interior consents,
the responsibilities (in whole or in part) under
paragraphs (1) and (2) of the Secretary of any de-
partment (other than the Department of the In-
terior) or the head of any other agency or in-
strumentality may be delegated to the Sec-
retary with respect to any land managed by
such other Secretary or agency head.
(e) Relinquishment
Nothing in this section shall prevent the gov-
erning body of an Indian tribe or Native Hawai-
ian organization from expressly relinquishing
control over any Native American human re-
mains, or title to or control over any funerary
object, or sacred object.
(Pub. L. 101–601, § 3, Nov. 16, 1990, 104 Stat. 3050.)
Editorial Notes
REFERENCES IN TEXT
The Indian Claims Commission, referred to in subsec.
(a)(2)(C), terminated Sept. 30, 1978. See Codification
note set out under former section 70 et seq. of this title.
The United States Court of Claims, referred to in sub-
sec. (a)(2)(C), and the United States Court of Customs
and Patent Appeals were merged effective Oct. 1, 1982,
into a new United States Court of Appeals for the Fed-
eral Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25,
which also created a United States Claims Court [now
United States Court of Federal Claims] that inherited
the trial jurisdiction of the Court of Claims. See sec-
tions 48, 171 et seq., 791 et seq., and 1491 et seq. of Title
28, Judiciary and Judicial Procedure.
This chapter, referred to in subsec. (c)(1), 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.
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