§ 3003. — Inventory for human remains and associated funerary objects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3003]
TITLE 25--INDIANS
CHAPTER 32--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
Sec. 3003. Inventory for human remains and associated funerary
objects
(a) In general
Each Federal agency and each museum which has possession or control
over holdings or collections of Native American human remains and
associated funerary objects shall compile an inventory of such items
and, to the extent possible based on information possessed by such
museum or Federal agency, identify the geographical and cultural
affiliation of such item.\1\
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\1\ So in original. Probably should be ``items.''
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(b) Requirements
(1) The inventories and identifications required under subsection
(a) of this section shall be--
(A) completed in consultation with tribal government and Native
Hawaiian organization officials and traditional religious leaders;
(B) completed by not later than the date that is 5 years after
November 16, 1990, and
(C) made available both during the time they are being conducted
and afterward to a review committee established under section 3006
of this title.
(2) Upon request by an Indian tribe or Native Hawaiian organization
which receives or should have received notice, a museum or Federal
agency shall supply additional available documentation to supplement the
information required by subsection (a) of this section. The term
``documentation'' means a summary of existing museum or Federal agency
records, including inventories or catalogues, relevant studies, or other
pertinent data for the limited purpose of determining the geographical
origin, cultural affiliation, and basic facts surrounding acquisition
and accession of Native American human remains and associated funerary
objects subject to this section. Such term does not mean, and this
chapter shall not be construed to be an authorization for, the
initiation of new scientific studies of such remains and associated
funerary objects or other means of acquiring or preserving additional
scientific information from such remains and objects.
(c) Extension of time for inventory
Any museum which has made a good faith effort to carry out an
inventory and identification under this section, but which has been
unable to complete the process, may appeal to the Secretary for an
extension of the time requirements set forth in subsection (b)(1)(B) of
this section. The Secretary may extend such time requirements for any
such museum upon a finding of good faith effort. An indication of good
faith shall include the development of a plan to carry out the inventory
and identification process.
(d) Notification
(1) If the cultural affiliation of any particular Native American
human remains or associated funerary objects is determined pursuant to
this section, the Federal agency or museum concerned shall, not later
than 6 months after the completion of the inventory, notify the affected
Indian tribes or Native Hawaiian organizations.
(2) The notice required by paragraph (1) shall include information--
(A) which identifies each Native American human remains or
associated funerary objects and the circumstances surrounding its
acquisition;
(B) which lists the human remains or associated funerary objects
that are clearly identifiable as to tribal origin; and
(C) which lists the Native American human remains and associated
funerary objects that are not clearly identifiable as being
culturally affiliated with that Indian tribe or Native Hawaiian
organization, but which, given the totality of circumstances
surrounding acquisition of the remains or objects, are determined by
a reasonable belief to be remains or objects culturally affiliated
with the Indian tribe or Native Hawaiian organization.
(3) A copy of each notice provided under paragraph (1) shall be sent
to the Secretary who shall publish each notice in the Federal Register.
(e) Inventory
For the purposes of this section, the term ``inventory'' means a
simple itemized list that summarizes the information called for by this
section.
(Pub. L. 101-601, Sec. 5, Nov. 16, 1990, 104 Stat. 3052.)
Section Referred to in Other Sections
This section is referred to in sections 3005, 3006, 3008 of this
title.
