25 U.S.C. § 3004 — Summary for unassociated funerary ob-

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 geographic origin, cultural affili- ation, and basic facts surrounding acquisition and accession of Native American objects sub- ject to this section. Such information shall be provided in a reasonable manner to be agreed upon by all parties. (Pub. L. 101–601, § 6, Nov. 16, 1990, 104 Stat. 3053.) § 3005. Repatriation (a) Repatriation of Native American human re- mains and objects possessed or controlled by Federal agencies and museums (1) If, pursuant to section 3003 of this title, the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian orga- nization 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 sub- sections (b) and (e) of this section, shall expedi- tiously return such remains and associated fu- nerary objects. (2) If, pursuant to section 3004 of this title, 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 re- questing lineal descendant or tribe or organiza- tion to determine the place and manner of deliv- ery of such items. (4) Where cultural affiliation of Native Amer- ican human remains and funerary objects has not been established in an inventory prepared pursuant to section 3003 of this title, or the sum- mary pursuant to section 3004 of this title, or where Native American human remains and fu- nerary objects are not included upon any such inventory, then, upon request and pursuant to subsections (b) and (e) and, in the case of unassociated funerary objects, subsection (c), such Native American human remains and fu- nerary objects shall be expeditiously returned where the requesting Indian tribe or Native Ha- waiian organization can show cultural affili- ation by a preponderance of the evidence based upon geographical, kinship, biological, archae- ological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant in- formation or expert opinion. (5) Upon request and pursuant to subsections (b), (c) and (e), sacred objects and objects of cul- tural patrimony shall be expeditiously returned where— (A) the requesting party is the direct lineal descendant of an individual who owned the sa- cred object; (B) the requesting Indian tribe or Native Ha- waiian organization can show that the object was owned or controlled by the tribe or orga- nization; or (C) the requesting Indian tribe or Native Ha- waiian organization can show that the sacred object was owned or controlled by a member thereof, provided that in the case where a sa- cred object was owned by a member thereof, there are no identifiable lineal descendants of said member or the lineal descendants, upon notice, have failed to make a claim for the ob- ject under this chapter. (b) Scientific study If the lineal descendant, Indian tribe, or Na- tive Hawaiian organization requests the return of culturally affiliated Native American cul- tural items, the Federal agency or museum shall expeditiously return such items unless such items are indispensable for completion of a spe- cific scientific study, the outcome of which would be of major benefit to the United States. Such items shall be returned by no later than 90 days after the date on which the scientific study is completed. (c) Standard of repatriation If a known lineal descendant or an Indian tribe or Native Hawaiian organization requests the return of Native American unassociated fu- nerary objects, sacred objects or objects of cul- tural patrimony pursuant to this chapter and