25 U.S.C. § 3003 : US Code - Section 3003: Inventory for human remains and associated funerary objects
Search 25 U.S.C. § 3003 : US Code - Section 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)
(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.
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