Page 4 - nagpra1990

§ 3004 TITLE 25—INDIANS Page 770
ization for, the initiation of new scientific stud- cation, means and period of acquisition and cul-
ies of such remains and associated funerary ob- tural affiliation, where readily ascertainable.
jects or other means of acquiring or preserving (b) Requirements
additional scientific information from such re- (1) The summary required under subsection (a)
mains and objects.
of this section shall be—
(c) Extension of time for inventory (A) in lieu of an object-by-object inventory;
Any museum which has made a good faith ef- (B) followed by consultation with tribal gov-
fort to carry out an inventory and identification ernment and Native Hawaiian organization of-
under this section, but which has been unable to ficials and traditional religious leaders; and
complete the process, may appeal to the Sec- (C) completed by not later than the date
retary for an extension of the time requirements that is 3 years after November 16, 1990.
set forth in subsection (b)(1)(B) of this section. (2) Upon request, Indian Tribes 1 and Native
The Secretary may extend such time require- Hawaiian organizations shall have access to
ments for any such museum upon a finding of records, catalogues, relevant studies or other
good faith effort. An indication of good faith pertinent data for the limited purposes of deter-
shall include the development of a plan to carry mining the geographic origin, cultural affili-
out the inventory and identification process. ation, and basic facts surrounding acquisition
(d) Notification and accession of Native American objects sub-
ject to this section. Such information shall be
(1) If the cultural affiliation of any particular provided in a reasonable manner to be agreed
Native American human remains or associated upon by all parties.
funerary objects is determined pursuant to this
section, the Federal agency or museum con- (Pub. L. 101–601, § 6, Nov. 16, 1990, 104 Stat. 3053.)
cerned shall, not later than 6 months after the § 3005. Repatriation
completion of the inventory, notify the affected
Indian tribes or Native Hawaiian organizations. (a) Repatriation of Native American human re-
(2) The notice required by paragraph (1) shall mains and objects possessed or controlled by
include information— Federal agencies and museums
(A) which identifies each Native American (1) If, pursuant to section 3003 of this title, the
human remains or associated funerary objects cultural affiliation of Native American human
and the circumstances surrounding its acquisi- remains and associated funerary objects with a
tion; particular Indian tribe or Native Hawaiian orga-
(B) which lists the human remains or associ- nization is established, then the Federal agency
ated funerary objects that are clearly identifi- or museum, upon the request of a known lineal
able as to tribal origin; and descendant of the Native American or of the
(C) which lists the Native American human tribe or organization and pursuant to sub-
remains and associated funerary objects that sections (b) and (e) of this section, shall expedi-
are not clearly identifiable as being culturally tiously return such remains and associated fu-
affiliated with that Indian tribe or Native Ha- nerary objects.
waiian organization, but which, given the to- (2) If, pursuant to section 3004 of this title, the
tality of circumstances surrounding acquisi- cultural affiliation with a particular Indian
tion of the remains or objects, are determined tribe or Native Hawaiian organization is shown
by a reasonable belief to be remains or objects with respect to unassociated funerary objects,
culturally affiliated with the Indian tribe or sacred objects or objects of cultural patrimony,
Native Hawaiian organization. then the Federal agency or museum, upon the
(3) A copy of each notice provided under para- request of the Indian tribe or Native Hawaiian
graph (1) shall be sent to the Secretary who organization and pursuant to subsections (b), (c)
shall publish each notice in the Federal Reg- and (e) of this section, shall expeditiously return
ister. such objects.
(3) The return of cultural items covered by
(e) Inventory this chapter shall be in consultation with the re-
For the purposes of this section, the term ‘‘in- questing lineal descendant or tribe or organiza-
ventory’’ means a simple itemized list that sum- tion to determine the place and manner of deliv-
marizes the information called for by this sec- ery of such items.
tion. (4) Where cultural affiliation of Native Amer-
ican human remains and funerary objects has
(Pub. L. 101–601, § 5, Nov. 16, 1990, 104 Stat. 3052.)
not been established in an inventory prepared
§ 3004. Summary for unassociated funerary ob- pursuant to section 3003 of this title, or the sum-
jects, sacred objects, and cultural patrimony mary pursuant to section 3004 of this title, or
where Native American human remains and fu-
(a) In general nerary objects are not included upon any such
Each Federal agency or museum which has inventory, then, upon request and pursuant to
possession or control over holdings or collec- subsections (b) and (e) of this section and, in the
tions of Native American unassociated funerary case of unassociated funerary objects, sub-
objects, sacred objects, or objects of cultural section (c) of this section, such Native American
patrimony shall provide a written summary of human remains and funerary objects shall be ex-
such objects based upon available information peditiously returned where the requesting In-
held by such agency or museum. The summary dian tribe or Native Hawaiian organization can
shall describe the scope of the collection, kinds
of objects included, reference to geographical lo- 1 So in original. Probably should not be capitalized.