25 U.S.C. § 3003 — Inventory for human remains and associ-

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. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. The Alaska Native Claims Settlement Act of 1971, re- ferred to in subsec. (d)(1), probably means the Alaska Native Claims Settlement Act, Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, and which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. § 3003. Inventory for human remains and associ- ated funerary objects (a) In general Each Federal agency and each museum which has possession or control over holdings or col- lections of Native American human remains and associated funerary objects shall compile an in- ventory 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.1 (b) Requirements (1) The inventories and identifications re- quired 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. (2) Upon request by an Indian tribe or Native Hawaiian organization which receives or should have received notice, a museum or Federal agen- cy shall supply additional available documenta- tion to supplement the information required by subsection (a) of this section. The term ‘‘docu- mentation’’ means a summary of existing mu- seum or Federal agency records, including in- ventories or catalogues, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural af- filiation, and basic facts surrounding acquisition and accession of Native American human re- mains and associated funerary objects subject to this section. Such term does not mean, and this chapter shall not be construed to be an author- ization for, the initiation of new scientific stud- ies of such remains and associated funerary ob- jects or other means of acquiring or preserving additional scientific information from such re- mains and objects. (c) Extension of time for inventory Any museum which has made a good faith ef- fort to carry out an inventory and identification under this section, but which has been unable to complete the process, may appeal to the Sec- retary 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 de- velopment 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 con- cerned 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 acquisi- tion; (B) which lists the human remains or associ- ated funerary objects that are clearly identifi- able 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 Ha- waiian organization, but which, given the to- tality of circumstances surrounding acquisi- tion 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 para- graph (1) shall be sent to the Secretary who shall publish each notice in the Federal Reg- ister. (e) Inventory For the purposes of this section, the term ‘‘in- ventory’’ means a simple itemized list that sum- 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