Repatriation of Human Remains and Associated Funerary Objects

Photo courtesy of Southeastern Archaeological Conference

Each museum and Federal agency that has Native American human remains or associated funerary objects must follow certain steps for repatriation. The purpose of this process is to identify, through Steps 1 to 5, human remains or associated funerary objects subject to repatriation. In Steps 6 to 8, lineal descendants, Indian Tribes, and Native Hawaiian organizations may request and receive repatriation of those human remains or associated funerary objects.

What must be done for human remains or associated funerary objects?

Museums and Federal agencies must complete the following steps for repatriation. Each step is described briefly below and in more detail in the regulations at 43 CFR 10.10.

Step 1 - Compile an itemized list of any human remains and associated funerary objects. Ensure the itemized list is comprehensive and covers all relevant holdings or collections.

Step 2 - Initiate consultation. As soon as possible after step 1, identify consulting parties based on information available and invite the parties to consult.

Step 3 - Consult on human remains or associated funerary objects. 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 - Complete an inventory of human remains or associated funerary objects. By deadlines described below, submit an inventory with clear determinations to all consulting parties and [e-mail].

Step 5 - Submit a notice of inventory completion. No later than six months after step 4, submit a notice to consulting parties and to [e-mail] for publication in the Federal Register.

Step 6 - Receive and consider requests for repatriation. At any time after publication of a notice, any lineal descendant, Indian Tribe or Native Hawaiian organization may submit a request for repatriation.

Step 7 - Respond to a request for repatriation. No later than 90 days after step 6, send a written response to the requestor and any other party identified in the notice.

Step 8 - Repatriation of the human remains or associated funerary objects. No later than 90 days after step 7, send a written repatriation statement to the requestor and a copy to [e-mail].

What are the deadlines for completing or updating an inventory?

After January 12, 2024, museums or Federal agencies must complete steps 1 through 4 by the following deadlines:

If a museum or Federal agency…	An inventory must be submitted…
Acquires possession or control of human remains or associated funerary objects (including transfer of a holding or collection previously included in an inventory)	2 years after acquisition
Locates previously lost or unknown human remains or associated funerary objects	2 years after locating
Receives Federal funds for the first time	5 years after receiving
Has human remains or associated funerary objects that were not published in a notice of inventory completion by 1/12/2024	January 10, 2029

What if I can't meet a deadline for step 4?

Any museum may request an extension if it has made a good faith effort but is unable to meet the deadline. Federal agencies are not eligible to request an extension and must meet the deadlines above. A museum request for an extension must be submitted BEFORE the deadline and must include:

1. Information showing the initiation of consultation;
2. Names of all consulting parties and consent to the extension from a majority of consulting parties;
3. Estimated number of human remains and associated funerary objects; and
4. Written plan for completing or updating the inventory.

25 U.S.C. 3003 - Inventory for human remains and associated funerary objects

(a) In general. Each Federal agency and each museum which has possession or control over holdings or collections of Native American human remains and associated funerary objects shall compile an inventory of such items and, to the extent possible based on information possessed by such museum or Federal agency, identify the geographical and cultural affiliation of such item.

(b) Requirements.
(1) The inventories and identifications required under subsection (a) shall be—
(A) completed in consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders;
(B) completed by not later than the date that is 5 years after November 16, 1990, and
(C) made available both during the time they are being conducted and afterward to a review committee established under section 3006 of this title.
(2) Upon request by an Indian tribe or Native Hawaiian organization which receives or should have received notice, a museum or Federal agency shall supply additional available documentation to supplement the information required by subsection (a) of this section. The term "documentation" means a summary of existing museum or Federal agency records, including inventories or catalogues, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American human remains and associated funerary objects subject to this section. Such term does not mean, and this chapter shall not be construed to be an authorization for, the initiation of new scientific studies of such remains and associated funerary objects or other means of acquiring or preserving additional scientific information from such remains and objects.

(c) Extension of time for inventory. Any museum which has made a good faith effort to carry out an inventory and identification under this section, but which has been unable to complete the process, may appeal to the Secretary for an extension of the time requirements set forth in subsection (b)(1)(B). The Secretary may extend such time requirements for any such museum upon a finding of good faith effort. An indication of good faith shall include the development of a plan to carry out the inventory and identification process.

(d) Notification.
(1) If the cultural affiliation of any particular Native American human remains or associated funerary objects is determined pursuant to this section, the Federal agency or museum concerned shall, not later than 6 months after the completion of the inventory, notify the affected Indian tribes or Native Hawaiian organizations.
(2) The notice required by paragraph (1) shall include information—
(A) which identifies each Native American human remains or associated funerary objects and the circumstances surrounding its acquisition;
(B) which lists the human remains or associated funerary objects that are clearly identifiable as to tribal origin; and
(C) which lists the Native American human remains and associated funerary objects that are not clearly identifiable as being culturally affiliated with that Indian tribe or Native Hawaiian organization, but which, given the totality of circumstances surrounding acquisition of the remains or objects, are determined by a reasonable belief to be remains or objects culturally affiliated with the Indian tribe or Native Hawaiian organization.
(3) A copy of each notice provided under paragraph (1) shall be sent to the Secretary who shall publish each notice in the Federal Register.

(e) Inventory. For the purposes of this section, the term "inventory" means a simple itemized list that summarizes the information called for by this section.