Requesting Repatriation of Human Remains and Associated Funerary Objects

After publication of a notice of inventory completion in the Federal Register, any lineal descendant, Indian Tribe, or Native Hawaiian organization may submit a written request for repatriation (Step 6). The requestor does not have to be identified in the notice of inventory completion in order to make a request.

What criteria is used to evaluate a request for repatriation?

A request for repatriation must satisfy one of the following criteria:

1. The requestor is identified in the notice of inventory completion, or
2. The requestor is not identified in the notice of inventory completion, and the request shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.

How does a museum or Federal agency respond to a request for repatriation?

No later than 90 days after receiving a request for repatriation, a museum or Federal agency must send a written response to the requestor with a copy to any other party identified in the notice. The written response must state one of the following:

1. The request meets the criteria for repatriation.
2. The request does not meet the criteria for repatriation. The museum or Federal agency must provide a detailed explanation why the request does not meet the criteria, and an opportunity for the requestor to provide additional information to meet the criteria.
3. The museum or Federal agency has received competing requests for repatriation that meet the criteria and must determine the most appropriate requestor.

What if the notice determined cultural affiliation could NOT be clearly or reasonably identified?

Any lineal descendant, Indian Tribe, or Native Hawaiian organization may still submit a request for human remains or associated funerary objects where no cultural affiliation was identified in a notice. The requestor must show, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.

For human remains or associated funerary objects with no lineal descendant or no Indian Tribe or Native Hawaiian organization with cultural affiliation, a museum or Federal agency, at its discretion, may agree to transfer or decide to reinter the human remains or associated funerary objects. The museum or Federal agency must ensure it has initiated consultation and must complete the following steps:

Step 1 - Agree to transfer or decide to reinter. Transfer to an Indian Tribe or Native Hawaiian organization or reinter according to applicable laws and policies.

Step 2 - Submit a notice of proposed transfer or reinterment. No later than 30 days after step 1, submit a notice to all consulting parties and to [e-mail] for publication in the Federal Register.

Step 3 - Transfer or reinter. No later than 90 days after publication of a notice, transfer or reinter the human remains or associated funerary objects and send a statement to [e-mail].

25 U.S.C. 3005(a) - Repatriation of human remains and associated funerary objects

(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.

(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.