U.S. Code » Title 25 » Chapter CHAPTER 32— NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

25 U.S.C. § 3005

Repatriation

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(a) Repatriation of Native American human remains and objects possessed or controlled by Federal agencies and museums(1) If, pursuant to section 3003 of this title, the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian organization is established, then the Federal agency or museum, upon the request of a known lineal descendant of the Native American or of the tribe or organization and pursuant to subsections (b) and (e) of this section, shall expeditiously return such remains and associated funerary objects.(2) If, pursuant to section 3004 of this title, the cultural affiliation with a particular Indian tribe or Native Hawaiian organization is shown with respect to unassociated funerary objects, sacred objects or objects of cultural patrimony, then the Federal agency or museum, upon the request of the Indian tribe or Native Hawaiian organization and pursuant to subsections (b), (c) and (e) of this section, shall expeditiously return such objects.(3) The return of cultural items covered by this chapter shall be in consultation with the requesting lineal descendant or tribe or organization to determine the place and manner of delivery of such items.(4) Where cultural affiliation of Native American human remains and funerary objects has not been established in an inventory prepared pursuant to section 3003 of this title, or the summary pursuant to section 3004 of this title, or where Native American human remains and funerary objects are not included upon any such inventory, then, upon request and pursuant to subsections (b) and (e) and, in the case of unassociated funerary objects, subsection (c), such Native American human remains and funerary objects shall be expeditiously returned where the requesting Indian tribe or Native Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion.(5) Upon request and pursuant to subsections (b), (c) and (e), sacred objects and objects of cultural patrimony shall be expeditiously returned where—(A) the requesting party is the direct lineal descendant of an individual who owned the sacred object;(B) the requesting Indian tribe or Native Hawaiian organization can show that the object was owned or controlled by the tribe or organization; or(C) the requesting Indian tribe or Native Hawaiian organization can show that the sacred object was owned or controlled by a member thereof, provided that in the case where a sacred object was owned by a member thereof, there are no identifiable lineal descendants of said member or the lineal descendants, upon notice, have failed to make a claim for the object under this chapter.(b) Scientific study

If the lineal descendant, Indian tribe, or Native Hawaiian organization requests the return of culturally affiliated Native American cultural items, the Federal agency or museum shall expeditiously return such items unless such items are indispensable for completion of a specific scientific study, the outcome of which would be of major benefit to the United States. Such items shall be returned by no later than 90 days after the date on which the scientific study is completed.

(c) Standard of repatriation

If a known lineal descendant or an Indian tribe or Native Hawaiian organization requests the return of Native American unassociated funerary objects, sacred objects or objects of cultural patrimony pursuant to this chapter and presents evidence which, if standing alone before the introduction of evidence to the contrary, would support a finding that the Federal agency or museum did not have the right of possession, then such agency or museum shall return such objects unless it can overcome such inference and prove that it has a right of possession to the objects.

(d) Sharing of information by Federal agencies and museums

Any Federal agency or museum shall share what information it does possess regarding the object in question with the known lineal descendant, Indian tribe, or Native Hawaiian organization to assist in making a claim under this section.

(e) Competing claims

Where there are multiple requests for repatriation of any cultural item and, after complying with the requirements of this chapter, the Federal agency or museum cannot clearly determine which requesting party is the most appropriate claimant, the agency or museum may retain such item until the requesting parties agree upon its disposition or the dispute is otherwise resolved pursuant to the provisions of this chapter or by a court of competent jurisdiction.

(f) Museum obligation

Any museum which repatriates any item in good faith pursuant to this chapter shall not be liable for claims by an aggrieved party or for claims of breach of fiduciary duty, public trust, or violations of state 11 So in original. Probably should be capitalized. law that are inconsistent with the provisions of this chapter.

(Pub. L. 101–601, § 7, Nov. 16, 1990, 104 Stat. 3054.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a)(3), (5)(C), (c), (e), and (f), was in the original “this Act”, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1992–2026 · leading case: State v. Taylor, 269 P.3d 740 (Haw. 2011).
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State v. Taylor, 269 P.3d 740 (Haw. 2011). · cites it 24× “[22] 25 U.S.C. § 3005 . In the instant case, it is undisputed that the Kanupa Cave artifacts were taken from the cave "in the late 1800s" by J.”
John Thorpe v. Borough of Jim Thorpe, 770 F.3d 255 (3rd Cir. 2014). · cites it 5× “25 U.S.C. § 3005 (a)(1). Where there are multiple requests for repatriation of any cultural item (which includes human remains), and the museum cannot clearly determine which requesting party is the most appropriate claimant, the museum may retain such item until the requesting…”
Nation v. U.S. Dep't of the Interior, 819 F.3d 1084 (9th Cir. 2016). · cites it 2× “25 U.S.C. § 3005 (a)(1). Before NAGPRA’s enactment, the Secretary of the Interior did not promulgate regulations providing for the ultimate disposition of any resources excavated or removed pursuant to ARPA.”
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “25 U.S.C.A. §§ 3005 (a)(1), (5)(A) (West Supp.”
Bonnichsen v. United States, 217 F. Supp. 2d 1116 (D. Or. 2002). · cites it 2× “See also, 25 USC § 3005 (a)(1) (providing for repatriation if “the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian organization is established .”
Bonnichsen v. United States, Dep't of the Army, 969 F. Supp. 628 (D. Or. 1997). · cites it 2× “ins are subject *653 to NAGPRA, 28 and if so, whether such studies are legally permissible; 29 (h) Whether there is evidence of a link, either biological or cultural, between the remains and a modern Native American tribe or to any other ethnic or cultural group including (but…”
Pueblo of San Ildefonso v. Daniel Ridlon & Regents of the Univ. of California, 103 F.3d 936 (10th Cir. 1996). · cites it 2× “objects of cultural patrimony, then the Federal agency or museum, upon the request of the Indian tribe .”
Abenaki Nation of Mississquoi v. Hughes, 805 F. Supp. 234 (D. Vt. 1992). “Claim VI — NAGPRA violation Plaintiffs’ final claim is made under NAGPRA, 25 U.S.C. § 3005 (a)(4). 23 Plaintiffs claim that because the mitigation plan leaves the fate of the remains and artifacts which may be unearthed in the hands of the Corps, the State and the Village, it…”
Fallon Paiute-Shoshone Tribe v. United States Bureau of Land Mgmt., 455 F. Supp. 2d 1207 (D. Nev. 2006). · cites it 3× “Second, the Tribe argues that the forty-five (45) day time limit set by BLM for the tribe to provide evidence of affiliation pursuant to 25 U.S.C. § 3005 (a)(4) was improper. Finally, the Tribe suggests that BLM’s ultimate determination failed to observe the importance of the…”
Idrogo v. United States Army, 18 F. Supp. 2d 25 (D.D.C. 1998). · cites it 2× “See 25 U.S.C. § 3005 (a)(4). Gerónimo was a Chiricahua Apache who lived the last twenty-three years of his life as a prisoner of war under the custody of the United States Army.”
Bonnichsen v. United States, Dep't of the Army, 969 F. Supp. 614 (D. Or. 1997). “” The Notice stated, in relevant part, that (1) the notice of repatriation was being issued pursuant to the Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3005 (a) (“NAGPRA”), (2) the Corps had determined that the remains were of Native American ancestry,…”
Na Iwi O Na Kupuna O Mokapu v. Dalton, 894 F. Supp. 1397 (D. Haw. 1995). “See 25 U.S.C. § 3005 . To date, the Federal Defendant has not made a decision on repatriation of the Mokapu remains.”
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