Cultural affiliation is established when the preponderance of the evidence -- based on geographical, kinship, biological, archeological, linguistic, folklore, oral tradition, historical evidence, or other information or expert opinion -- reasonably leads to such a conclusion. [43 CFR 10.2 (e)] See also Preponderance of Evidence.
1) after November 16, 1990, a museum sells or otherwise transfers human remains, funerary objects, sacred objects, or objects of cultural patrimony contrary to provisions of the Act, including, but not limited to, an unlawful sale or transfer to any individual or institution that is not required to comply with the Act;
2) after November 16, 1993, a museum has not completed summaries as required by the Act;
3) after November 16, 1995, or the date specified in an extension issued by the Secretary, whichever is later, a museum has not completed inventories as required by the Act;
4) after May 16, 1996, or 6 months after completion of an inventory under an extension issued by the Secretary, whichever is later, a museum has not notified culturally affiliated Indian tribes and Native Hawaiian organizations;
5) a museum refuses, absent any of the exemptions specified in 43 CFR 10.10(c), to repatriate human remains, funerary objects, sacred objects, or objects of cultural patrimony to a lineal descendant or culturally affiliated Indian tribe or Native Hawaiian;
6) a museum repatriates human remains, funerary objects, sacred objects, or objects of cultural patrimony before publishing the required notice in the Federal Register;
7) a museum does not consult with lineal descendants, Indian tribe officials, and traditional religious leaders as required; or
8) a museum does not inform the recipients of repatriations of any presently known treatment of the human remains, funerary objects, sacred objects, or objects of cultural patrimony with pesticides, preservatives, or other substances that represent a potential hazard to the objects or to persons handling the objects.
9) upon receipt of a claim consistent with 43 CFR 10.11(c)(1), a museum refuses to offer to transfer control of culturally unidentifiable human remains for which it cannot prove right of possession.
[43 CFR 10.12 (b)(1)] See also Civil Penalties.
United States "control" refers to those lands not owned by the United States but in which the United States has a legal interest sufficient to permit it to apply these regulations (43 CFR 10) without abrogating the otherwise existing legal rights of a person. [43 CFR 10.2 (f)(1)]
Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony:
That have been excavated or discovered on, and removed from, Federal lands after November 16, 1990, and
Whose disposition under 25 U.S.C. 3002(a) and 43 CFR 10.6 has not occurred because either:
(i) Within one year after publication of a notice under 43 CFR 10.6(c), no Indian tribe or Native Hawaiian organization has sent a written claim for the cultural items to the appropriate Federal agency, or no lineal descendant has responded to a notice for human remains and associated funerary objects; or
(ii) Within two years after knowing or having reason to know that cultural items were excavated or discovered, and removed, the appropriate Federal agency could not reasonably identify any Indian tribe or Native Hawaiian organization or lineal descendant as a potential claimant. [43 CFR 10.2(h)]
Last updated: September 28, 2020