§ 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