House Report 101-877
page 5
SEC. 6. 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 the date of enactment of this Act.
(2) Upon request, Indian tribes 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.
SEC. 7. REPATRIATION.
(a) REPATRIATION OF NATIVE AMERICAN HUMAN REMAINS AND OBJECTS POSSESSED OR
CONTROLLED BY FEDERAL AGENCIES AND MUSEUMS. (1) If, pursuant to section 5, 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 oranization and pursuant to subsections (b) and (e) of this section, shall expeditiously
return such remains and associated funerary objects.
(2) If, pursuant to section 6, 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 Act 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 5 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 Act.
(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 Act and presents evidence which, if standing alone before the introduction of evidence to the
contrary, would support a finding that the Federal agency or musuem did not have the right of possession, then such