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§ 3002. —  Ownership.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 25USC3002]

 
                            TITLE 25--INDIANS
 
     CHAPTER 32--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
 
Sec. 3002. Ownership


(a) Native American human remains and objects

    The ownership or control of Native American cultural items which are 
excavated or discovered on Federal or tribal lands after November 16, 
1990, shall be (with priority given in the order listed)--
        (1) in the case of Native American human remains and associated 
    funerary objects, in the lineal descendants of the Native American; 
    or
        (2) in any case in which such lineal descendants cannot be 
    ascertained, and in the case of unassociated funerary objects, 
    sacred objects, and objects of cultural patrimony--
            (A) in the Indian tribe or Native Hawaiian organization on 
        whose tribal land such objects or remains were discovered;
            (B) in the Indian tribe or Native Hawaiian organization 
        which has the closest cultural affiliation with such remains or 
        objects and which, upon notice, states a claim for such remains 
        or objects; or
            (C) if the cultural affiliation of the objects cannot be 
        reasonably ascertained and if the objects were discovered on 
        Federal land that is recognized by a final judgment of the 
        Indian Claims Commission or the United States Court of Claims as 
        the aboriginal land of some Indian tribe--
                (1) in the Indian tribe that is recognized as 
            aboriginally occupying the area in which the objects were 
            discovered, if upon notice, such tribe states a claim for 
            such remains or objects, or
                (2) if it can be shown by a preponderance of the 
            evidence that a different tribe has a stronger cultural 
            relationship with the remains or objects than the tribe or 
            organization specified in paragraph (1), in the Indian tribe 
            that has the strongest demonstrated relationship, if upon 
            notice, such tribe states a claim for such remains or 
            objects.

(b) Unclaimed Native American human remains and objects

    Native American cultural items not claimed under subsection (a) of 
this section shall be disposed of in accordance with regulations 
promulgated by the Secretary in consultation with the review committee 
established under section 3006 of this title, Native American groups, 
representatives of museums and the scientific community.

(c) Intentional excavation and removal of Native American human remains 
        and objects

    The intentional removal from or excavation of Native American 
cultural items from Federal or tribal lands for purposes of discovery, 
study, or removal of such items is permitted only if--
        (1) such items are excavated or removed pursuant to a permit 
    issued under section 470cc of title 16 which shall be consistent 
    with this chapter;
        (2) such items are excavated or removed after consultation with 
    or, in the case of tribal lands, consent of the appropriate (if any) 
    Indian tribe or Native Hawaiian organization;
        (3) the ownership and right of control of the disposition of 
    such items shall be as provided in subsections (a) and (b) of this 
    section; and
        (4) proof of consultation or consent under paragraph (2) is 
    shown.

(d) Inadvertent discovery of Native American remains and objects

    (1) Any person who knows, or has reason to know, that such person 
has discovered Native American cultural items on Federal or tribal lands 
after November 16, 1990, shall notify, in writing, the Secretary of the 
Department, or head of any other agency or instrumentality of the United 
States, having primary management authority with respect to Federal 
lands and the appropriate Indian tribe or Native Hawaiian organization 
with respect to tribal lands, if known or readily ascertainable, and, in 
the case of lands that have been selected by an Alaska Native 
Corporation or group organized pursuant to the Alaska Native Claims 
Settlement Act of 1971 [43 U.S.C. 1601 et seq.], the appropriate 
corporation or group. If the discovery occurred in connection with an 
activity, including (but not limited to) construction, mining, logging, 
and agriculture, the person shall cease the activity in the area of the 
discovery, make a reasonable effort to protect the items discovered 
before resuming such activity, and provide notice under this subsection. 
Following the notification under this subsection, and upon certification 
by the Secretary of the department or the head of any agency or 
instrumentality of the United States or the appropriate Indian tribe or 
Native Hawaiian organization that notification has been received, the 
activity may resume after 30 days of such certification.
    (2) The disposition of and control over any cultural items excavated 
or removed under this subsection shall be determined as provided for in 
this section.
    (3) If the Secretary of the Interior consents, the responsibilities 
(in whole or in part) under paragraphs (1) and (2) of the Secretary of 
any department (other than the Department of the Interior) or the head 
of any other agency or instrumentality may be delegated to the Secretary 
with respect to any land managed by such other Secretary or agency head.

(e) Relinquishment

    Nothing in this section shall prevent the governing body of an 
Indian tribe or Native Hawaiian organization from expressly 
relinquishing control over any Native American human remains, or title 
to or control over any funerary object, or sacred object.

(Pub. L. 101-601, Sec. 3, Nov. 16, 1990, 104 Stat. 3050.)

                       References in Text

    The Indian Claims Commission, referred to in subsec. (a)(2)(C), 
terminated Sept. 30, 1978. See Codification note set out under former 
section 70 et seq. of this title.
    The United States Court of Claims, referred to in subsec. (a)(2)(C), 
and the United States Court of Customs and Patent Appeals were merged 
effective Oct. 1, 1982, into a new United States Court of Appeals for 
the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which 
also created a United States Claims Court [now United States Court of 
Federal Claims] that inherited the trial jurisdiction of the Court of 
Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of 
Title 28, Judiciary and Judicial Procedure.
    The Alaska Native Claims Settlement Act of 1971, referred to in 
subsec. (d)(1), probably means the Alaska Native Claims Settlement Act, 
Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, and which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in title 16 sections 470h-2, 470h-4.



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