Repatriation of Cultural Items

Each museum and Federal agency that may have Native American unassociated funerary object, sacred object, or object of cultural patrimony must follow certain steps for repatriation. The purpose of this process is to provide general information, through Steps 1 to 3, about a holding or collection. In Steps 4 to 7, lineal descendants, Indian Tribes, and Native Hawaiian organizations may request, and receive repatriation of unassociated funerary objects, sacred objects, or objects of cultural patrimony.

What must be done for unassociated funerary object, sacred object, or object of cultural patrimony?

Museums and Federal agencies must complete the following steps for repatriation. Each step is described briefly below and in detail in the regulations at 43 CFR 10.9.

Step 1 - Compile a summary of a holding or collection. Describe any holding or collection that may contain unassociated funerary objects, sacred objects, or objects of cultural patrimony and ensure the summary is comprehensive and covers all relevant holdings or collections.

Step 2 - Initiate consultation. No later than 30 days after step 1, identify consulting parties based on information available and invite the parties to consult.

Step 3 - Consult on cultural items. Respond to any consulting party, consult on identifications, and prepare a record of consultation that describes the concurrence, disagreement, or nonresponse of the consulting parties to the identifications.

Step 4 - Receive and consider requests for repatriation. At any time after compiling a summary, any lineal descendant, Indian Tribe or Native Hawaiian organization may submit a request for repatriation of cultural items.

Step 5 - Respond to a request for repatriation. No later than 90 days after step 4, send a written response to the requestor and any other consulting party.

Step 6 - Submit a notice of intended repatriation. No later than 30 days after step 5, submit a notice of intended repatriation to all requestors, any consulting parties, and to [e-mail] for publication in the Federal Register.

Step 7 - Repatriation of cultural items. No later than 90 days after publication of a notice, send a written repatriation statement to the requestor and a copy to [e-mail].

What are the deadlines for compiling a summary?

After January 12, 2024, museums or Federal agencies must complete Step 1 by the following deadlines:

If a museum or Federal agency…	A summary must be submitted…
Acquires possession or control of unassociated funerary objects, sacred objects, or objects of cultural patrimony (including transfer of a holding or collection previously included in an inventory)	6 months after acquisition
Locates previously lost or unknown unassociated funerary objects, sacred objects, or objects of cultural patrimony	6 months after locating
Receives Federal funds for the first time	3 years after receiving

What if I can't meet a deadline for Step 1?

The Act does not provide for extensions of the deadline to complete a summary. Summaries must be completed by the deadlines above.

25 U.S.C. 3004 - Summary for unassociated funerary objects, sacred objects, and objects of 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 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.