25 U.S.C. § 3002 — Ownership

Page 531 TITLE 25—INDIANS § 3002 The Alaska Native Claims Settlement Act, referred to in par. (7), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, 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. The Hawaiian Homes Commission Act, 1920, referred to in par. (15)(C), is act July 9, 1921, ch. 42, 42 Stat. 108, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code. Section 4 of Public Law 86–3, referred to in par. (15)(C), is section 4 of Pub. L. 86–3, which is set out as a note preceding section 491 of Title 48. AMENDMENTS 1992—Par. (13). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. SHORT TITLE Pub. L. 101–601, § 1, Nov. 16, 1990, 104 Stat. 3048, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 1170 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Native American Graves Protec- tion and Repatriation Act’.’’ § 3002. Ownership (a) Native American human remains and objects The ownership or control of Native American cultural items which are excavated or discov- ered on Federal or tribal lands after November 16, 1990, shall be (with priority given in the order listed)— (1) in the case of Native American human re- mains and associated funerary objects, in the lineal descendants of the Native American; or (2) in any case in which such lineal descend- ants cannot be ascertained, and in the case of unassociated funerary objects, sacred objects, and objects of cultural patrimony— (A) in the Indian tribe or Native Hawaiian organization on whose tribal land such ob- jects or remains were discovered; (B) in the Indian tribe or Native Hawaiian organization which has the closest cultural affiliation with such remains or objects and which, upon notice, states a claim for such remains or objects; or (C) if the cultural affiliation of the objects cannot be reasonably ascertained and if the objects were discovered on Federal land that is recognized by a final judgment of the In- dian Claims Commission or the United States Court of Claims as the aboriginal land of some Indian tribe— (1) in the Indian tribe that is recognized as aboriginally occupying the area in which the objects were discovered, if upon notice, such tribe states a claim for such remains or objects, or (2) if it can be shown by a preponderance of the evidence that a different tribe has a stronger cultural relationship with the re- mains or objects than the tribe or organi- zation specified in paragraph (1), in the In- dian tribe that has the strongest dem- onstrated relationship, if upon notice, such tribe states a claim for such remains or objects. (b) Unclaimed Native American human remains and objects Native American cultural items not claimed under subsection (a) shall be disposed of in ac- cordance with regulations promulgated by the Secretary in consultation with the review com- mittee established under section 3006 of this title, Native American groups, representatives of museums and the scientific community. (c) Intentional excavation and removal of Native American human remains and objects The intentional removal from or excavation of Native American cultural items from Federal or tribal lands for purposes of discovery, study, or removal of such items is permitted only if— (1) such items are excavated or removed pur- suant to a permit issued under section 470cc of title 16 which shall be consistent with this chapter; (2) such items are excavated or removed after consultation with or, in the case of tribal lands, consent of the appropriate (if any) In- dian tribe or Native Hawaiian organization; (3) the ownership and right of control of the disposition of such items shall be as provided in subsections (a) and (b); and (4) proof of consultation or consent under paragraph (2) is shown. (d) Inadvertent discovery of Native American re- mains and objects (1) Any person who knows, or has reason to know, that such person has discovered Native American cultural items on Federal or tribal lands after November 16, 1990, shall notify, in writing, the Secretary of the Department, or head of any other agency or instrumentality of the United States, having primary management authority with respect to Federal lands and the appropriate Indian tribe or Native Hawaiian or- ganization with respect to tribal lands, if known or readily ascertainable, and, in the case of lands that have been selected by an Alaska Na- tive Corporation or group organized pursuant to the Alaska Native Claims Settlement Act of 1971 [43 U.S.C. 1601 et seq.], the appropriate corpora- tion or group. If the discovery occurred in con- nection with an activity, including (but not lim- ited to) construction, mining, logging, and agri- culture, the person shall cease the activity in the area of the discovery, make a reasonable ef- fort to protect the items discovered before re- suming such activity, and provide notice under this subsection. Following the notification under this subsection, and upon certification by the Secretary of the department or the head of any agency or instrumentality of the United States or the appropriate Indian tribe or Native Hawaiian organization that notification has been received, the activity may resume after 30 days of such certification. (2) The disposition of and control over any cul- tural items excavated or removed under this subsection shall be determined as provided for in this section. 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-