§3002 Ownership

Summary

Decides who owns Native American human remains and cultural items found on Federal or tribal land after November 16, 1990. Human remains and objects buried with them belong first to direct descendants (lineal descendants). If no direct descendants can be found, ownership goes to the tribe or Native Hawaiian organization tied to the land where they were found, or to the tribe with the closest cultural connection that claims them after being notified. If no cultural link can be found and the items were on Federal land that a court has recognized as a tribe’s original land, that tribe may own them. Items not claimed under these rules are handled under rules the Secretary creates after talking with a review committee, tribes, museums, and scientists. Taking items on purpose is only allowed with a required federal permit (see 16 U.S.C. 470cc) and after consulting or getting consent from the tribe or Native Hawaiian organization for tribal lands. Whoever finds items on Federal or tribal land after November 16, 1990 must write to the federal land manager and to the appropriate tribe or Native Hawaiian organization (or Alaska Native corporation/group if applicable). If the find happens during work like construction, the person must stop work in the area, protect the items, and notify the proper parties. After official notice is received, work may restart 30 days later. The Secretary of the Interior may take on other agencies’ duties with their consent. A tribe or Native Hawaiian organization may also choose to give up control or title.