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Page 769 TITLE 25—INDIANS § 3003
gated by the Secretary in consultation with the ian organization from expressly relinquishing
review committee established under section 3006 control over any Native American human re-
of this title, Native American groups, represent- mains, or title to or control over any funerary
atives of museums and the scientific commu- object, or sacred object.
nity. (Pub. L. 101–601, § 3, Nov. 16, 1990, 104 Stat. 3050.)
(c) Intentional excavation and removal of Native
American human remains and objects REFERENCES IN TEXT
The intentional removal from or excavation of The Indian Claims Commission, referred to in subsec.
Native American cultural items from Federal or (a)(2)(C), terminated Sept. 30, 1978. See Codification
tribal lands for purposes of discovery, study, or note set out under former section 70 et seq. of this title.
removal of such items is permitted only if— The United States Court of Claims, referred to in sub-
(1) such items are excavated or removed pur- sec. (a)(2)(C), and the United States Court of Customs
suant to a permit issued under section 470cc of and Patent Appeals were merged effective Oct. 1, 1982,
into a new United States Court of Appeals for the Fed-
title 16 which shall be consistent with this eral Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25,
chapter; which also created a United States Claims Court [now
(2) such items are excavated or removed United States Court of Federal Claims] that inherited
after consultation with or, in the case of tribal the trial jurisdiction of the Court of Claims. See sec-
lands, consent of the appropriate (if any) In- tions 48, 171 et seq., 791 et seq., and 1491 et seq. of Title
dian tribe or Native Hawaiian organization; 28, Judiciary and Judicial Procedure.
(3) the ownership and right of control of the The Alaska Native Claims Settlement Act of 1971, re-
disposition of such items shall be as provided ferred to in subsec. (d)(1), probably means the Alaska
in subsections (a) and (b) of this section; and Native Claims Settlement Act, Pub. L. 92–203, Dec. 18,
(4) proof of consultation or consent under 1971, 85 Stat. 688, as amended, and which is classified
paragraph (2) is shown. generally to chapter 33 (§ 1601 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
(d) Inadvertent discovery of Native American re- Code, see Short Title note set out under section 1601 of
mains and objects Title 43 and Tables.
(1) Any person who knows, or has reason to
know, that such person has discovered Native § 3003. Inventory for human remains and associ-
American cultural items on Federal or tribal ated funerary objects
lands after November 16, 1990, shall notify, in (a) In general
writing, the Secretary of the Department, or Each Federal agency and each museum which
head of any other agency or instrumentality of
the United States, having primary management has possession or control over holdings or col-
authority with respect to Federal lands and the lections of Native American human remains and
appropriate Indian tribe or Native Hawaiian or- associated funerary objects shall compile an in-
ganization with respect to tribal lands, if known ventory of such items and, to the extent possible
or readily ascertainable, and, in the case of based on information possessed by such museum
lands that have been selected by an Alaska Na- or Federal agency, identify the geographical and
1
tive Corporation or group organized pursuant to cultural affiliation of such item.
the Alaska Native Claims Settlement Act of 1971 (b) Requirements
[43 U.S.C. 1601 et seq.], the appropriate corpora- (1) The inventories and identifications re-
tion or group. If the discovery occurred in con- quired under subsection (a) of this section shall
nection with an activity, including (but not lim- be—
ited to) construction, mining, logging, and agri- (A) completed in consultation with tribal
culture, the person shall cease the activity in government and Native Hawaiian organization
the area of the discovery, make a reasonable ef- officials and traditional religious leaders;
fort to protect the items discovered before re- (B) completed by not later than the date
suming such activity, and provide notice under that is 5 years after November 16, 1990, and
this subsection. Following the notification (C) made available both during the time
under this subsection, and upon certification by they are being conducted and afterward to a
the Secretary of the department or the head of review committee established under section
any agency or instrumentality of the United
3006 of this title.
States or the appropriate Indian tribe or Native
Hawaiian organization that notification has (2) Upon request by an Indian tribe or Native
been received, the activity may resume after 30 Hawaiian organization which receives or should
days of such certification. have received notice, a museum or Federal agen-
(2) The disposition of and control over any cul- cy shall supply additional available documenta-
tural items excavated or removed under this tion to supplement the information required by
subsection shall be determined as provided for in subsection (a) of this section. The term ‘‘docu-
this section. mentation’’ means a summary of existing mu-
(3) If the Secretary of the Interior consents, seum or Federal agency records, including in-
the responsibilities (in whole or in part) under ventories or catalogues, relevant studies, or
paragraphs (1) and (2) of the Secretary of any de- other pertinent data for the limited purpose of
partment (other than the Department of the In- determining the geographical origin, cultural af-
terior) or the head of any other agency or in- filiation, and basic facts surrounding acquisition
strumentality may be delegated to the Sec- and accession of Native American human re-
retary with respect to any land managed by mains and associated funerary objects subject to
such other Secretary or agency head. this section. Such term does not mean, and this
(e) Relinquishment chapter shall not be construed to be an author-
Nothing in this section shall prevent the gov-
erning body of an Indian tribe or Native Hawai- 1 So in original. Probably should be ‘‘items.’’