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Page 767 TITLE 25—INDIANS § 3001
that are needed to bring such laws into compli- identified by a preponderance of the evi-
ance with the provisions of this chapter. dence as related to specific individuals or
families or to known human remains or, by
(Pub. L. 101–477, title I, § 106, Oct. 30, 1990, 104 a preponderance of the evidence, as having
Stat. 1156.)
been removed from a specific burial site of
§ 2906. Use of English an individual culturally affiliated with a
particular Indian tribe,
Nothing in this chapter shall be construed as (C) ‘‘sacred objects’’ which shall mean spe-
precluding the use of Federal funds to teach cific ceremonial objects which are needed by
English to Native Americans. traditional Native American religious lead-
(Pub. L. 101–477, title I, § 107, Oct. 30, 1990, 104 ers for the practice of traditional Native
Stat. 1156.) American religions by their present day ad-
herents, and
CHAPTER 32—NATIVE AMERICAN GRAVES (D) ‘‘cultural patrimony’’ which shall
PROTECTION AND REPATRIATION mean an object having ongoing historical,
traditional, or cultural importance central
Sec. to the Native American group or culture it-
3001. Definitions. self, rather than property owned by an indi-
3002. Ownership.
3003. Inventory for human remains and associated vidual Native American, and which, there-
funerary objects. fore, cannot be alienated, appropriated, or
3004. Summary for unassociated funerary objects, conveyed by any individual regardless of
sacred objects, and cultural patrimony. whether or not the individual is a member of
3005. Repatriation. the Indian tribe or Native Hawaiian organi-
3006. Review committee. zation and such object shall have been con-
3007. Penalty. sidered inalienable by such Native American
3008. Grants. group at the time the object was separated
3009. Savings provision. from such group.
3010. Special relationship between Federal Govern-
ment and Indian tribes and Native Hawai- (4) ‘‘Federal agency’’ means any department,
ian organizations. agency, or instrumentality of the United
3011. Regulations. States. Such term does not include the Smith-
3012. Authorization of appropriations. sonian Institution.
3013. Enforcement. (5) ‘‘Federal lands’’ means any land other
§ 3001. Definitions than tribal lands which are controlled or
owned by the United States, including lands
For purposes of this chapter, the term— selected by but not yet conveyed to Alaska
(1) ‘‘burial site’’ means any natural or pre- Native Corporations and groups organized pur-
pared physical location, whether originally suant to the Alaska Native Claims Settlement
below, on, or above the surface of the earth, Act of 1971 [43 U.S.C. 1601 et seq.].
into which as a part of the death rite or cere- (6) ‘‘Hui Malama I Na Kupuna O Hawai’i
mony of a culture, individual human remains Nei’’ means the nonprofit, Native Hawaiian or-
are deposited. ganization incorporated under the laws of the
(2) ‘‘cultural affiliation’’ means that there is State of Hawaii by that name on April 17, 1989,
a relationship of shared group identity which for the purpose of providing guidance and ex-
can be reasonably traced historically or pre- pertise in decisions dealing with Native Ha-
historically between a present day Indian waiian cultural issues, particularly burial is-
tribe or Native Hawaiian organization and an sues.
identifiable earlier group. (7) ‘‘Indian tribe’’ means any tribe, band, na-
(3) ‘‘cultural items’’ means human remains tion, or other organized group or community
and— of Indians, including any Alaska Native vil-
(A) ‘‘associated funerary objects’’ which lage (as defined in, or established pursuant to,
shall mean objects that, as a part of the the Alaska Native Claims Settlement Act [43
death rite or ceremony of a culture, are rea- U.S.C. 1601 et seq.]), which is recognized as eli-
sonably believed to have been placed with gible for the special programs and services
individual human remains either at the time provided by the United States to Indians be-
cause of their status as Indians.
of death or later, and both the human re-
mains and associated funerary objects are (8) ‘‘museum’’ means any institution or
presently in the possession or control of a State or local government agency (including
any institution of higher learning) that re-
Federal agency or museum, except that
ceives Federal funds and has possession of, or
other items exclusively made for burial pur-
poses or to contain human remains shall be control over, Native American cultural items.
1
considered as associated funerary objects. Such term does not include the Smithsonian
(B) ‘‘unassociated funerary objects’’ which Institution or any other Federal agency.
(9) ‘‘Native American’’ means of, or relating
shall mean objects that, as a part of the to, a tribe, people, or culture that is indige-
death rite or ceremony of a culture, are rea- nous to the United States.
sonably believed to have been placed with (10) ‘‘Native Hawaiian’’ means any individ-
individual human remains either at the time ual who is a descendant of the aboriginal peo-
of death or later, where the remains are not ple who, prior to 1778, occupied and exercised
in the possession or control of the Federal sovereignty in the area that now constitutes
agency or museum and the objects can be the State of Hawaii.
(11) ‘‘Native Hawaiian organization’’ means
1 So in original. The period probably should be a comma. any organization which—