§3002 Ownership

Summary

Decides who owns Native American human remains and cultural items found on Federal or tribal land after November 16, 1990. First right goes to the direct descendants. If no direct descendants are known, ownership goes to the tribe or Native Hawaiian organization tied to the land where the items were found, or to the tribe/organization with the closest cultural connection that claims them. If the cultural link cannot be reasonably found and the items were on Federal land that a court once recognized as a tribe’s original land, the tribe recognized as the original occupant gets them if it claims them, unless another tribe can show stronger ties by a preponderance of the evidence. This covers human remains, associated and unassociated funerary objects, sacred objects, and cultural patrimony. Items not claimed under these rules are handled under rules the Secretary writes after consulting the review committee, Native groups, museums, and scientists. Only allow digging or removing these items with a permit under section 470cc of title 16, and only after consulting or, on tribal land, getting consent from the tribe or Native Hawaiian organization. Anyone who finds such items after November 16, 1990 must tell the appropriate Federal official or agency head and the tribe or Native Hawaiian organization (or the Alaska Native corporation/group for selected lands). If the find happens during work like construction or mining, stop work near the find, protect the items, and give notice. After the official certifies they got the notice, work may resume after 30 days. The Secretary of the Interior can take on other agencies’ duties with consent. A tribe or Native Hawaiian organization may also choose to give up control or title if it clearly says so.