25 U.S.C. § 3002 : US Code - Section 3002: Ownership

Search 25 U.S.C. § 3002 : US Code - Section 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.