Page 647 TITLE 25—INDIANS § 3003

1So in original. Probably should be ‘‘items.’’

objects were discovered on Federal land that

is recognized by a final judgment of the Indian 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 remains or objects than the tribe or organization specified in paragraph (1), in the Indian tribe that has the strongest demonstrated 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) of this section shall be disposed of in accordance with regulations promulgated by the Secretary in consultation with the

review committee 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 pursuant 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) Indian 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) of this section; and

(4) proof of consultation or consent under

paragraph (2) is shown.

(d) Inadvertent discovery of Native American remains 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 organization with respect to tribal lands, if known

or readily ascertainable, and, in the case of

lands that have been selected by an Alaska Native Corporation or group organized pursuant to

the Alaska Native Claims Settlement Act of 1971

[43 U.S.C. 1601 et seq.], the appropriate corporation or group. If the discovery occurred in connection with an activity, including (but not limited to) construction, mining, logging, and agriculture, the person shall cease the activity in

the area of the discovery, make a reasonable effort to protect the items discovered before resuming 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 cultural items excavated or removed under this

subsection shall be determined as provided for in

this section.

(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 department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary with respect to any land managed by

such other Secretary or agency head.

(e) Relinquishment

Nothing in this section shall prevent the governing body of an Indian tribe or Native Hawaiian organization from expressly relinquishing

control over any Native American human remains, or title to or control over any funerary

object, or sacred object.

(Pub. L. 101–601, §3, Nov. 16, 1990, 104 Stat. 3050.)

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 subsec. (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 Federal 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 sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title

28, Judiciary and Judicial Procedure.

The Alaska Native Claims Settlement Act of 1971, referred to in subsec. (d)(1), probably means the Alaska

Native Claims Settlement Act, Pub. L. 92–203, Dec. 18,

1971, 85 Stat. 688, as amended, 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 470h–2,

470h–4.

§ 3003. Inventory for human remains and associated funerary objects

(a) In general

Each Federal agency and each museum which

has possession or control over holdings or collections of Native American human remains and

associated funerary objects shall compile an inventory 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
§ 3004 TITLE 25—INDIANS Page 648

1So in original. Probably should not be capitalized.

(b) Requirements

(1) The inventories and identifications required under subsection (a) of this section 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 agency shall supply additional available documentation to supplement the information required by

subsection (a) of this section. The term ‘‘documentation’’ means a summary of existing museum or Federal agency records, including inventories or catalogues, relevant studies, or

other pertinent data for the limited purpose of

determining the geographical origin, cultural affiliation, and basic facts surrounding acquisition

and accession of Native American human remains and associated funerary objects subject to

this section. Such term does not mean, and this

chapter shall not be construed to be an authorization for, the initiation of new scientific studies of such remains and associated funerary objects or other means of acquiring or preserving

additional scientific information from such remains and objects.

(c) Extension of time for inventory

Any museum which has made a good faith effort to carry out an inventory and identification

under this section, but which has been unable to

complete the process, may appeal to the Secretary for an extension of the time requirements

set forth in subsection (b)(1)(B) of this section.

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 development 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 concerned 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 acquisition;

(B) which lists the human remains or associated funerary objects that are clearly identifiable 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 Hawaiian organization, but which, given the totality of circumstances surrounding acquisition 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 paragraph (1) shall be sent to the Secretary who

shall publish each notice in the Federal Register.

(e) Inventory

For the purposes of this section, the term ‘‘inventory’’ means a simple itemized list that summarizes the information called for by this section.

(Pub. L. 101–601, §5, Nov. 16, 1990, 104 Stat. 3052.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3005, 3006, 3008

of this title.

§ 3004. Summary for unassociated funerary objects, sacred objects, and cultural patrimony

(a) In general

Each Federal agency or museum which has

possession or control over holdings or collections 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 location, means and period of acquisition and cultural affiliation, where readily ascertainable.

(b) Requirements

(1) The summary required under subsection (a)

of this section shall be—

(A) in lieu of an object-by-object inventory;

(B) followed by consultation with tribal government and Native Hawaiian organization officials 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 determining the geographic origin, cultural affiliation, and basic facts surrounding acquisition

and accession of Native American objects subject 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.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3005, 3006, 3008

of this title.

§ 3005. Repatriation

(a) Repatriation of Native American human remains 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