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§ 3002 TITLE 25—INDIANS Page 768
(A) serves and represents the interests of 691 to 718 of Title 48, Territories and Insular Posses-
Native Hawaiians, sions, and was omitted from the Code.
(B) has as a primary and stated purpose Section 4 of Public Law 86–3, referred to in par.
the provision of services to Native Hawai- (15)(C), is section 4 of Pub. L. 86–3, which is set out as
a note preceding section 491 of Title 48.
ians, and
(C) has expertise in Native Hawaiian Af- AMENDMENTS
fairs, and 1992—Par. (13). Pub. L. 102–572 substituted ‘‘United
shall include the Office of Hawaiian Affairs States Court of Federal Claims’’ for ‘‘United States
and Hui Malama I Na Kupuna O Hawai’i Nei. Claims Court’’.
(12) ‘‘Office of Hawaiian Affairs’’ means the EFFECTIVE DATE OF 1992 AMENDMENT
Office of Hawaiian Affairs established by the Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
constitution of the State of Hawaii. see section 911 of Pub. L. 102–572, set out as a note
(13) ‘‘right of possession’’ means possession under section 171 of Title 28, Judiciary and Judicial
obtained with the voluntary consent of an in- Procedure.
dividual or group that had authority of alien-
SHORT TITLE
ation. The original acquisition of a Native
American unassociated funerary object, sacred Section 1 of Pub. L. 101–601 provided that: ‘‘This Act
object or object of cultural patrimony from an [enacting this chapter and section 1170 of Title 18,
Crimes and Criminal Procedure] may be cited as the
Indian tribe or Native Hawaiian organization
‘Native American Graves Protection and Repatriation
with the voluntary consent of an individual or
Act’.’’
group with authority to alienate such object is
deemed to give right of possession of that ob- § 3002. Ownership
ject, unless the phrase so defined would, as ap- (a) Native American human remains and objects
plied in section 3005(c) of this title, result in a
Fifth Amendment taking by the United States The ownership or control of Native American
as determined by the United States Court of cultural items which are excavated or discov-
Federal Claims pursuant to 28 U.S.C. 1491 in ered on Federal or tribal lands after November
which event the ‘‘right of possession’’ shall be 16, 1990, shall be (with priority given in the order
as provided under otherwise applicable prop- listed)—
erty law. The original acquisition of Native (1) in the case of Native American human re-
American human remains and associated fu- mains and associated funerary objects, in the
nerary objects which were excavated, ex- lineal descendants of the Native American; or
humed, or otherwise obtained with full knowl- (2) in any case in which such lineal descend-
edge and consent of the next of kin or the offi- ants cannot be ascertained, and in the case of
cial governing body of the appropriate cul- unassociated funerary objects, sacred objects,
turally affiliated Indian tribe or Native Ha- and objects of cultural patrimony—
waiian organization is deemed to give right of (A) in the Indian tribe or Native Hawaiian
possession to those remains. organization on whose tribal land such ob-
(14) ‘‘Secretary’’ means the Secretary of the jects or remains were discovered;
Interior. (B) in the Indian tribe or Native Hawaiian
(15) ‘‘tribal land’’ means— organization which has the closest cultural
(A) all lands within the exterior bound- affiliation with such remains or objects and
aries of any Indian reservation; which, upon notice, states a claim for such
2
(B) all dependent Indian communities; remains or objects; or
(C) any lands administered for the benefit (C) if the cultural affiliation of the objects
of Native Hawaiians pursuant to the Hawai- cannot be reasonably ascertained and if the
ian Homes Commission Act, 1920, and section objects were discovered on Federal land that
4 of Public Law 86–3. is recognized by a final judgment of the In-
dian Claims Commission or the United
(Pub. L. 101–601, § 2, Nov. 16, 1990, 104 Stat. 3048; States Court of Claims as the aboriginal
Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, land of some Indian tribe—
106 Stat. 4516.)
(1) in the Indian tribe that is recognized
REFERENCES IN TEXT as aboriginally occupying the area in
This chapter, referred to in text, was in the original which the objects were discovered, if upon
‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104 notice, such tribe states a claim for such
Stat. 3048, which is classified principally to this chap- remains or objects, or
ter. For complete classification of this Act to the Code, (2) if it can be shown by a preponderance
see Short Title note set out below and Tables. of the evidence that a different tribe has a
The Alaska Native Claims Settlement Act of 1971, re- stronger cultural relationship with the re-
ferred to in par. (5), probably means the Alaska Native mains or objects than the tribe or organi-
Claims Settlement Act. See note below.
The Alaska Native Claims Settlement Act, referred zation specified in paragraph (1), in the In-
to in par. (7), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, dian tribe that has the strongest dem-
as amended, which is classified generally to chapter 33 onstrated relationship, if upon notice, such
(§ 1601 et seq.) of Title 43, Public Lands. For complete tribe states a claim for such remains or
classification of this Act to the Code, see Short Title objects.
note set out under section 1601 of Title 43 and Tables.
The Hawaiian Homes Commission Act, 1920, referred (b) Unclaimed Native American human remains
to in par. (15)(C), is act July 9, 1921, ch. 42, 42 Stat. 108, and objects
as amended, which was classified generally to sections Native American cultural items not claimed
under subsection (a) of this section shall be dis-
2 So in original. Probably should be followed by ‘‘and’’. posed of in accordance with regulations promul-