Page 645 TITLE 25—INDIANS § 3001

1So in original. The period probably should be a comma.

Sec.

(d) Inadvertent discovery of Native

American remains and objects.

(e) Relinquishment.

3003. Inventory for human remains and associated

funerary objects.

(a) In general.

(b) Requirements.

(c) Extension of time for inventory.

(d) Notification.

(e) Inventory.

3004. Summary for unassociated funerary objects,

sacred objects, and cultural patrimony.

(a) In general.

(b) Requirements.

3005. Repatriation.

(a) Repatriation of Native American

human remains and objects possessed or controlled by Federal

agencies and museums.

(b) Scientific study.

(c) Standard of repatriation.

(d) Sharing of information by Federal

agencies and museums.

(e) Competing claims.

(f) Museum obligation.

3006. Review committee.

(a) Establishment.

(b) Membership.

(c) Responsibilities.

(d) Admissibility of records and findings.

(e) Recommendations and report.

(f) Access.

(g) Duties of Secretary.

(h) Annual report.

(i) Termination.

3007. Penalty.

(a) Penalty.

(b) Amount of penalty.

(c) Actions to recover penalties.

(d) Subpoenas.

3008. Grants.

(a) Indian tribes and Native Hawaiian organizations.

(b) Museums.

3009. Savings provision.

3010. Special relationship between Federal Government and Indian tribes and Native Hawaiian organizations.

3011. Regulations.

3012. Authorization of appropriations.

3013. Enforcement.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 460iii–5;

title 18 section 1170; title 20 section 7902; title 42 section

11701.

§ 3001. Definitions

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.1

(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 shall mean specific ceremonial objects which are needed by

traditional Native American religious leaders for the practice of traditional Native

American religions by their present day adherents, and

(D) ‘‘cultural patrimony’’ which shall

mean an object having ongoing historical,

traditional, or cultural importance central

to the Native American group or culture itself, rather than property owned by an individual Native American, and which, therefore, cannot be alienated, appropriated, or

conveyed by any individual regardless of

whether or not the individual is a member of

the Indian tribe or Native Hawaiian organization and such object shall have been considered inalienable by such Native American

group at the time the object was separated

from such group.

(4) ‘‘Federal agency’’ means any department,

agency, or instrumentality of the United

States. Such term does not include the Smithsonian Institution.

(5) ‘‘Federal lands’’ means any land other

than tribal lands which are controlled or

owned by the United States, including lands

selected by but not yet conveyed to Alaska

Native Corporations and groups organized pursuant to the Alaska Native Claims Settlement

Act of 1971 [43 U.S.C. 1601 et seq.].

(6) ‘‘Hui Malama I Na Kupuna O Hawai’i

Nei’’ means the nonprofit, Native Hawaiian organization incorporated under the laws of the

State of Hawaii by that name on April 17, 1989,

for the purpose of providing guidance and expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues.

(7) ‘‘Indian tribe’’ means any tribe, band, nation, or other organized group or community

of Indians, including any Alaska Native village (as defined in, or established pursuant to,

the Alaska Native Claims Settlement Act [43