25 U.S.C. § 3004

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 3004 - Summary for unassociated funerary objects, sacred objects, and cultural patrimony

(a) In general

Each Federal agency or museum which has possession or control over holdings or collections of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony shall provide a written summary of such objects based upon available information held by such agency or museum. The summary shall describe the scope of the collection, kinds of objects included, reference to geographical location, means and period of acquisition and cultural affiliation, where readily ascertainable.

(b) Requirements

(1) The summary required under subsection (a) shall be-

(A) in lieu of an object-by-object inventory;

(B) followed by consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders; and

(C) completed by not later than the date that is 3 years after November 16, 1990.

(2) Upon request, Indian Tribes ¹ and Native Hawaiian organizations shall have access to records, catalogues, relevant studies or other pertinent data for the limited purposes of determining the geographic origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American objects subject to this section. Such information shall be provided in a reasonable manner to be agreed upon by all parties.

¹ So in original. Probably should not be capitalized.

25 U.S.C. § 3004

Pub. L. 101-601, §6, Nov. 16, 1990, 104 Stat. 3053.

Federal agency: "Federal agency" means any department, agency, or instrumentality of the United States. Such term does not include the Smithsonian Institution.
Native American: "Native American" means of, or relating to, a tribe, people, or culture that is indigenous to the United States.
Native Hawaiian organization: "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, andshall include the Office of Hawaiian Affairs and Hui Malama I Na Kupuna O Hawai'i Nei.
Native Hawaiian: "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.
cultural affiliation: "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.
museum: "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.