NAGPRA covers five types of Native American cultural items, which we refer to collectively, in this report, as NAGPRA items (see table 1). Since the early 1800s, federal agencies have amassed archeological collections with items numbering in the millions. Some, such as NPS, acquired their collections through archeological excavations intended to advance scientific knowledge and preserve cultural resources. Others, such as the Corps and TVA, have made discoveries during the massive construction projects that are part of their missions. Forest Service officials estimated that an overwhelming majority of the agency’s collections resulted from non-Forest Service initiated activities, such as research by museums and universities or as a result of the construction of highways, reservoirs, and pipelines; or mining claims. Interior—with its land-management agencies—has the largest collection outside of the Smithsonian Institution, with an estimated 146 million objects and documents that cover archeology as well as disciplines such as art and zoology. Federal agency archeological collections are currently stored at a variety of repositories, both federal and nonfederal, located throughout the country. For example, BLM’s collections are stored at three BLM facilities and 121 other repositories. According to TVA officials, TVA’s collections are stored at universities in Alabama, Kentucky, Michigan, Mississippi, North Carolina, and Tennessee. These federal collections include tens of thousands of Native American human remains and hundreds of thousands of funerary objects, sacred objects, and objects of cultural patrimony subject to NAGPRA. NAGPRA defines a federal agency as any department, agency, or instrumentality of the United States, except the Smithsonian Institution, and defines a museum as any institution or state or local government agency, including any institution of higher learning, that receives federal funds and has possession of, or control over, Native American cultural items, except the Smithsonian Institution. The eight federal agencies with significant historical collections that we reviewed—BIA, BLM, BOR, FWS, NPS, the Corps, the Forest Service, and TVA—manage various amounts of federal land in conjunction with their missions and differ in organizational structure (see table 2). They also have long histories over which they came into possession or control of NAGPRA items. In addition, the missions of the agencies vary widely. For example, NPS’s mission is to preserve unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations. In contrast, the mission of TVA is to serve the Tennessee Valley through energy, environment, and economic development. Because of their varying missions, the scope and treatment of their archeological programs have also differed. Since 1906, federal agencies have been issuing permits to individuals, universities, and corporations to perform archeological excavation and research on the federal land they manage. Although the permitting system has changed over time, these permits generally allowed the entities conducting the excavation and research to preserve the excavated materials in public museums. Thus, in theory, archeological materials legally excavated from federal lands since 1906 are recorded in agency reports and records, or in permitting records located in agency files, the Smithsonian Institution’s National Anthropological Archives, or the National Archives. However, due to the age of some of the permits, the large number of permits, and administrative processes that have changed over time, it can be difficult for some agencies to know where all of their collections are currently located. For example, a recent Interior Inspector General report stated that Interior agencies’ collections are held in 625 Interior facilities and at least 1,020 non-Interior facilities, but that four of its agencies were not aware of the location of their collections held in the non-Interior facilities. NAGPRA’s requirements for federal agencies, museums, and the Secretary of the Interior, particularly the ones most relevant to their historical collections, which are the focus of this report, include the following: Compile an inventory and establish cultural affiliation. Section 5 of NAGPRA required that each federal agency and museum compile an inventory of any holdings or collections of Native American human remains and associated funerary objects that are in its possession or control. The act required that the inventories be completed no later than 5 years after its enactment—by November 16, 1995—and in consultation with tribal government officials, Native Hawaiian organization officials, and traditional religious leaders. In the inventory, agencies and museums are required to establish geographic and cultural affiliation to the extent possible based on information in their possession. Cultural affiliation denotes 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. Affiliating NAGPRA items with a present day Indian tribe or Native Hawaiian organization is the key to deciding to whom the human remains and objects should be repatriated. If a cultural affiliation can be made, the act required that the agency or museum notify the affected Indian tribes or Native Hawaiian organizations no later than 6 months after the completion of the inventory. The agency or museum was also required to provide a copy of each notice—known as a notice of inventory completion—to the Secretary of the Interior for publication in the Federal Register. The items for which no cultural affiliation can be made are referred to as culturally unidentifiable. Compile a summary of other NAGPRA items. Section 6 of NAGPRA required that each federal agency and museum prepare a written summary of any holdings or collections of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony in its possession or control, based on the available information in their possession. The act required that the summaries be completed no later than 3 years after its enactment—by November 16, 1993. Preparation of the summary was to be followed by federal agency consultation with tribal government officials, Native Hawaiian organization officials, and traditional religious leaders. The summary was to 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. After a valid claim is received by an agency or museum, and if the other terms and conditions in the act are met, a notice of intent to repatriate must be published in the Federal Register before any item identified in a summary can be repatriated. In contrast to a notice of inventory completion for NAGPRA items listed in inventories, notices of intent to repatriate for NAGPRA items listed in summaries are not published until after an Indian tribe or Native Hawaiian organization has submitted a claim for an item. Repatriate culturally affiliated human remains and objects. Section 7 of NAGPRA and its implementing regulations generally require that, upon the request of an Indian tribe or Native Hawaiian organization, all culturally affiliated NAGPRA items be returned to the applicable Indian tribe or Native Hawaiian organization expeditiously—but no sooner than 30 days after the applicable notice is published in the Federal Register—if the terms and conditions prescribed in the act are met. Furthermore, the regulations require federal agencies and museums to adopt internal procedures adequate to permanently document the content and recipients of all repatriations. Section 8 of NAGPRA required the Secretary of the Interior to establish a Review Committee to monitor and review the implementation of the inventory and identification process and repatriation activities under the act. The Review Committee is composed of seven members appointed by the Secretary. Three members are to be appointed from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders. At least two of these members must be traditional Indian religious leaders. Three members are to be appointed from nominations submitted by national museum organizations and scientific organizations. The seventh member is to be appointed from a list of persons developed and consented to by all of the other members. Among other functions, the Review Committee is responsible for (1) upon request, reviewing and making findings related to the identity or cultural affiliation of cultural items or the return of such items; (2) facilitating the resolution of any disputes among Indian tribes, Native Hawaiian organizations, and federal agencies or museums relating to the return of such items; and (3) compiling an inventory of culturally unidentifiable human remains and recommending specific actions for developing a process for disposition of such remains. The Review Committee is a federal advisory committee subject to the requirements of the Federal Advisory Committee Act and its implementing regulations. The Federal Advisory Committee Act establishes requirements for advisory committees subject to the act, including broad requirements for balance, independence, and transparency. Specifically, the Federal Advisory Committee Act requires that the membership of committees be “fairly balanced in terms of points of view represented and the functions to be performed by the advisory committee.” Members of advisory committees subject to the Federal Advisory Committee Act are generally appointed as special government employees or representatives. Special government employees are appointed to provide advice on behalf of the government on the basis of their best judgment and must meet certain federal requirements pertaining to freedom from conflicts of interest. Representatives, in contrast, provide stakeholder advice—that is, advice reflecting the views of the entity or interest group they are representing, such as industry, labor, or consumers—and are not subject to the same conflict of interest requirements. NAGPRA Review Committee members are appointed as special government employees. The Federal Advisory Committee Act also requires the Secretary of the Interior to appoint a Designated Federal Officer for the NAGPRA Review Committee. Among other things, the officer must approve or call the meetings of the committee, approve the agendas, and attend the meetings. The NAGPRA Review Committee differs from most advisory bodies subject to the Federal Advisory Committee Act in two important ways.