25 U.S.C. § 3005 : US Code - Section 3005: Repatriation

Search 25 U.S.C. § 3005 : US Code - Section 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.