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> United States Code

From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 25USC3001]

[Page 709-710]

TITLE 25--INDIANS

CHAPTER 32--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

Sec. 3001. Definitions

For purposes of this chapter, the term--
(1) ``burial site'' means any natural or prepared physical
location, whether originally below, on, or above the surface of the
earth, into which as a part of the death rite or ceremony of a
culture, individual human remains are deposited.
(2) ``cultural affiliation'' means that there is a relationship
of shared group identity which can be reasonably traced historically
or prehistorically between a present day Indian tribe or Native
Hawaiian organization and an identifiable earlier group.
(3) ``cultural items'' means human remains and--
(A) ``associated funerary objects'' which shall mean objects
that, as a part of the death rite or ceremony of a culture, are
reasonably believed to have been placed with individual human
remains either at the time of death or later, and both the human
remains and associated funerary objects are presently in the
possession or control of a Federal agency or museum, except that
other items exclusively made for burial purposes or to contain
human remains shall be considered as associated funerary
objects.\1\
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\1\ So in original. The period probably should be a comma.
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(B) ``unassociated funerary objects'' which shall mean
objects that, as a part of the death rite or ceremony of a
culture, are reasonably believed to have been placed with
individual human remains either at the time of death or later,
where the remains are not in the possession or control of the
Federal agency or museum and the objects can be identified by a
preponderance of the evidence as related to specific individuals
or families or to known human remains or, by a preponderance of
the evidence, as having been removed from a specific burial site
of an individual culturally affiliated with a particular Indian
tribe,
(C) ``sacred objects'' which shall mean specific ceremonial
objects which are needed by traditional Native American
religious leaders for the practice of traditional Native
American religions by their present day adherents, and
(D) ``cultural patrimony'' which shall mean an object having
ongoing historical, traditional, or cultural importance central
to the Native American group or culture itself, rather than
property owned by an individual Native American, and which,
therefore, cannot be alienated, appropriated, or conveyed by any
individual regardless of whether or not the individual is a
member of the Indian tribe or Native Hawaiian organization and
such object shall have been considered inalienable by such
Native American group at the time the object was separated from
such group.

(4) ``Federal agency'' means any department, agency, or
instrumentality of the United States. Such term does not include the
Smithsonian Institution.
(5) ``Federal lands'' means any land other than tribal lands
which are controlled or owned by the United States, including lands
selected by but not yet conveyed to Alaska Native Corporations and
groups organized pursuant to the Alaska Native Claims Settlement Act
of 1971 [43 U.S.C. 1601 et seq.].
(6) ``Hui Malama I Na Kupuna O Hawai'i Nei'' means the
nonprofit, Native Hawaiian organization incorporated under the laws
of the State of Hawaii by that name on April 17, 1989, for the
purpose of providing guidance and expertise in decisions dealing
with Native Hawaiian cultural issues, particularly burial issues.
(7) ``Indian tribe'' means any tribe, band, nation, or other
organized group or community of Indians, including any Alaska Native
village (as defined in, or established pursuant to, the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
(8) ``museum'' means any institution or State or local
government agency (including any institution of higher learning)
that receives Federal funds and has possession of, or control over,
Native American cultural items. Such term does not include the
Smithsonian Institution or any other Federal agency.
(9) ``Native American'' means of, or relating to, a tribe,
people, or culture that is indigenous to the United States.
(10) ``Native Hawaiian'' means any individual who is a
descendant of the aboriginal people who, prior to 1778, occupied and
exercised sovereignty in the area that now constitutes the State of
Hawaii.
(11) ``Native Hawaiian organization'' means any organization
which--
(A) serves and represents the interests of Native Hawaiians,
(B) has as a primary and stated purpose the provision of
services to Native Hawaiians, and
(C) has expertise in Native Hawaiian Affairs, and

shall include the Office of Hawaiian Affairs and Hui Malama I Na
Kupuna O Hawai'i Nei.
(12) ``Office of Hawaiian Affairs'' means the Office of Hawaiian
Affairs established by the constitution of the State of Hawaii.
(13) ``right of possession'' means possession obtained with the
voluntary consent of an individual or group that had authority of
alienation. The original acquisition of a Native American
unassociated funerary object, sacred object or object of cultural
patrimony from an Indian tribe or Native Hawaiian organization with
the voluntary consent of an individual or group with authority to
alienate such object is deemed to give right of possession of that
object, unless the phrase so defined would, as applied in section
3005(c) of this title, result in a Fifth Amendment taking by the
United States as determined by the United States Court of Federal
Claims pursuant to 28 U.S.C. 1491 in which event the ``right of
possession'' shall be

[[Page 710]]

as provided under otherwise applicable property law. The original
acquisition of Native American human remains and associated funerary
objects which were excavated, exhumed, or otherwise obtained with
full knowledge and consent of the next of kin or the official
governing body of the appropriate culturally affiliated Indian tribe
or Native Hawaiian organization is deemed to give right of
possession to those remains.
(14) ``Secretary'' means the Secretary of the Interior.
(15) ``tribal land'' means--
(A) all lands within the exterior boundaries of any Indian
reservation;
(B) all dependent Indian communities; \2\
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\2\ So in original. Probably should be followed by ``and''.
---------------------------------------------------------------------------
(C) any lands administered for the benefit of Native
Hawaiians pursuant to the Hawaiian Homes Commission Act, 1920,
and section 4 of Public Law 86-3.

(Pub. L. 101-601, Sec. 2, Nov. 16, 1990, 104 Stat. 3048; Pub. L. 102-
572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

References in Text

This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 101-601, Nov. 16, 1990, 104 Stat. 3048, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out below and Tables.
The Alaska Native Claims Settlement Act of 1971, referred to in par.
(5), probably means the Alaska Native Claims Settlement Act. See note
below.
The Alaska Native Claims Settlement Act, referred to in par. (7), is
Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43 and Tables.
The Hawaiian Homes Commission Act, 1920, referred to in par.
(15)(C), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended, which
was classified generally to sections 691 to 718 of Title 48, Territories
and Insular Possessions, and was omitted from the Code.
Section 4 of Public Law 86-3, referred to in par. (15)(C), is
section 4 of Pub. L. 86-3, which is set out as a note preceding section
491 of Title 48.

Amendments

1992--Par. (13). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.

Short Title

Section 1 of Pub. L. 101-601 provided that: ``This Act [enacting
this chapter and section 1170 of Title 18, Crimes and Criminal
Procedure] may be cited as the `Native American Graves Protection and
Repatriation Act'.''

A service of the U.S. Government Printing
Office.

Last updated: >December
23, 2008
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