§3005 Repatriation

Summary

Federal agencies and museums must quickly return Native American human remains and related burial items to a known direct descendant or to the tribe or Native Hawaiian organization when a cultural link is shown. They must also return other items like unassociated funerary objects, sacred objects, and objects of cultural patrimony to a tribe or organization when cultural ties are shown. If remains or items were not listed in an inventory, a tribe or organization can get them back by proving a cultural connection by a preponderance of the evidence using things like geography, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral tradition, historical records, or expert opinion. Sacred objects must be returned if a direct descendant owned them, if the tribe owned or controlled them, or if a tribe can show a member owned them and there are no identifiable direct descendants or those descendants did not claim the item after being told. Items must be returned unless they are essential to finish a specific scientific study that would greatly benefit the United States; in that case the items must be given back no later than 90 days after the study ends. If a claimant shows evidence suggesting the agency did not have the right to keep the item, the agency must return it unless it proves it had that right. Agencies and museums must share whatever information they have to help make a claim. If more than one party claims an item and the museum cannot decide who is entitled, the museum may keep it until the claimants agree, the dispute is resolved under the law, or a court decides. Museums that return items in good faith under these rules are protected from certain legal claims.