25 U.S.C. § 3005 — Repatriation

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 Page 534 TITLE 25—INDIANS § 3006 1 So in original. Probably should be capitalized. 1 So in original. Probably should not be capitalized. presents evidence which, if standing alone before the introduction of evidence to the contrary, would support a finding that the Federal agency or museum did not have the right of possession, then such agency or museum shall return such objects unless it can overcome such inference and prove that it has a right of possession to the objects. (d) Sharing of information by Federal agencies and museums Any Federal agency or museum shall share what information it does possess regarding the object in question with the known lineal de- scendant, Indian tribe, or Native Hawaiian orga- nization to assist in making a claim under this section. (e) Competing claims Where there are multiple requests for repatri- ation of any cultural item and, after complying with the requirements of this chapter, the Fed- eral agency or museum cannot clearly deter- mine which requesting party is the most appro- priate claimant, the agency or museum may re- tain such item until the requesting parties agree upon its disposition or the dispute is otherwise resolved pursuant to the provisions of this chap- ter or by a court of competent jurisdiction. (f) Museum obligation Any museum which repatriates any item in good faith pursuant to this chapter shall not be liable for claims by an aggrieved party or for claims of breach of fiduciary duty, public trust, or violations of state 1 law that are inconsistent with the provisions of this chapter. (Pub. L. 101–601, § 7, Nov. 16, 1990, 104 Stat. 3054.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(3), (5)(C), (c), (e), and (f), 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 Repatri- ation Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. § 3006. Review committee (a) Establishment Within 120 days after November 16, 1990, the Secretary shall establish a committee to mon- itor and review the implementation of the in- ventory and identification process and repatri- ation activities required under sections 3003, 3004 and 3005 of this title. (b) Membership (1) The Committee 1 established under sub- section (a) shall be composed of 7 members, (A) 3 of whom shall be appointed by the Sec- retary from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders with at least 2 of such persons being tradi- tional Indian religious leaders; (B) 3 of whom shall be appointed by the Sec- retary from nominations submitted by na- tional museum organizations and scientific or- ganizations; and (C) 1 who shall be appointed by the Sec- retary 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 of- ficers or employees to the committee. (3) In the event vacancies shall occur, such va- cancies shall be filled by the Secretary in the same manner as the original appointment with- in 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 mem- ber is actually engaged in committee business. Each member shall receive travel expenses, in- cluding per diem in lieu of subsistence, in ac- cordance with sections 5702 and 5703 of title 5. (c) Responsibilities The committee established under subsection (a) shall be responsible for— (1) designating one of the members of the committee as chairman; (2) monitoring the inventory and identifica- tion process conducted under sections 3003 and 3004 of this title to ensure a fair, objective consideration and assessment of all available relevant information and evidence; (3) upon the request of any affected party, reviewing and making findings related to— (A) the identity or cultural affiliation of cultural items, or (B) the return of such items; (4) facilitating the resolution of any disputes among Indian tribes, Native Hawaiian organi- zations, or lineal descendants and Federal agencies or museums relating to the return of such items including convening the parties to the dispute if deemed desirable; (5) compiling an inventory of culturally un- identifiable human remains that are in the possession or control of each Federal agency and museum and recommending specific ac- tions for developing a process for disposition of such remains; (6) consulting with Indian tribes and Native Hawaiian organizations and museums on mat- ters within the scope of the work of the com- mittee affecting such tribes or organizations; (7) consulting with the Secretary in the de- velopment of regulations to carry out this chapter; (8) performing such other related functions as the Secretary may assign to the committee; and (9) making recommendations, if appropriate, regarding future care of cultural items which are to be repatriated. (d) Admissibility of records and findings Any records and findings made by the review committee pursuant to this chapter relating to the identity or cultural affiliation of any cul- tural items and the return of such items may be admissible in any action brought under section 3013 of this title.