§ 3005. — Repatriation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3005]
TITLE 25--INDIANS
CHAPTER 32--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
Sec. 3005. Repatriation
(a) Repatriation of Native American human remains and objects possessed
or controlled by Federal agencies and museums
(1) If, pursuant to section 3003 of this title, the cultural
affiliation of Native American human remains and associated funerary
objects with a particular Indian tribe or Native Hawaiian organization
is established, then the Federal agency or museum, upon the request of a
known lineal descendant of the Native American or of the tribe or
organization and pursuant to subsections (b) and (e) of this section,
shall expeditiously return such remains and associated funerary objects.
(2) If, pursuant to section 3004 of this title, the cultural
affiliation with a particular Indian tribe or Native Hawaiian
organization is shown with respect to unassociated funerary objects,
sacred objects or objects of cultural patrimony, then the Federal agency
or museum, upon the request of the Indian tribe or Native Hawaiian
organization and pursuant to subsections (b), (c) and (e) of this
section, shall expeditiously return such objects.
(3) The return of cultural items covered by this chapter shall be in
consultation with the requesting lineal descendant or tribe or
organization to determine the place and manner of delivery of such
items.
(4) Where cultural affiliation of Native American human remains and
funerary objects has not been established in an inventory prepared
pursuant to section 3003 of this title, or the summary pursuant to
section 3004 of this title, or where Native American human remains and
funerary objects are not included upon any such inventory, then, upon
request and pursuant to subsections (b) and (e) of this section and, in
the case of unassociated funerary objects, subsection (c) of this
section, such Native American human remains and funerary objects shall
be expeditiously returned where the requesting Indian tribe or Native
Hawaiian organization can show cultural affiliation by a preponderance
of the evidence based upon geographical, kinship, biological,
archaeological, anthropological, linguistic, folkloric, oral
traditional, historical, or other relevant information or expert
opinion.
(5) Upon request and pursuant to subsections (b), (c) and (e) of
this section, sacred objects and objects of cultural patrimony shall be
expeditiously returned where--
(A) the requesting party is the direct lineal descendant of an
individual who owned the sacred object;
(B) the requesting Indian tribe or Native Hawaiian organization
can show that the object was owned or controlled by the tribe or
organization; or
(C) the requesting Indian tribe or Native Hawaiian organization
can show that the sacred object was owned or controlled by a member
thereof, provided that in the case where a sacred object was owned
by a member thereof, there are no identifiable lineal descendants of
said member or the lineal descendants, upon notice, have failed to
make a claim for the object under this chapter.
(b) Scientific study
If the lineal descendant, Indian tribe, or Native Hawaiian
organization requests the return of culturally affiliated Native
American cultural items, the Federal agency or museum shall
expeditiously return such items unless such items are indispensable for
completion of a specific scientific study, the outcome of which would be
of major benefit to the United States. Such items shall be returned by
no later than 90 days after the date on which the scientific study is
completed.
(c) Standard of repatriation
If a known lineal descendant or an Indian tribe or Native Hawaiian
organization requests the return of Native American unassociated
funerary objects, sacred objects or objects of cultural patrimony
pursuant to this chapter and presents evidence which, if standing alone
before the introduction of evidence to the contrary, would support a
finding that the Federal agency or museum did not have the right of
possession, then such agency or museum shall return such objects unless
it can overcome such inference and prove that it has a right of
possession to the objects.
(d) Sharing of information by Federal agencies and museums
Any Federal agency or museum shall share what information it does
possess regarding the object in question with the known lineal
descendant, Indian tribe, or Native Hawaiian organization to assist in
making a claim under this section.
(e) Competing claims
Where there are multiple requests for repatriation of any cultural
item and, after complying with the requirements of this chapter, the
Federal agency or museum cannot clearly determine which requesting party
is the most appropriate claimant, the agency or museum may retain such
item until the requesting parties agree upon its disposition or the
dispute is otherwise resolved pursuant to the provisions of this chapter
or by a court of competent jurisdiction.
(f) Museum obligation
Any museum which repatriates any item in good faith pursuant to this
chapter shall not be liable for claims by an aggrieved party or for
claims of breach of fiduciary duty, public trust, or violations of state
\1\ law that are inconsistent with the provisions of this chapter.
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\1\ So in original. Probably should be capitalized.
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(Pub. L. 101-601, Sec. 7, Nov. 16, 1990, 104 Stat. 3054.)
Section Referred to in Other Sections
This section is referred to in sections 3001, 3006 of this title.
