§ 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.