[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR10.15]



[Page 245]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 10_NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REGULATIONS

--Table of Contents

 

                            Subpart D_General

 

Sec.  10.15  Limitations and remedies.



    (a) Failure to claim prior to repatriation. (1) Any person who fails 

to make a timely claim prior to the repatriation or disposition of human 

remains, funerary objects, sacred objects, or objects of cultural 

patrimony is deemed to have irrevocably waived any right to claim such 

items pursuant to these regulations or the Act. For these purposes, a 

``timely claim'' means the filing of a written claim with a responsible 

museum or Federal agency official prior to the time the particular human 

remains, funerary objects, sacred objects, or objects of cultural 

patrimony at issue are duly repatriated or disposed of to a claimant by 

a museum or Federal agency pursuant to these regulations.

    (2) If there is more than one (1) claimant, the human remains, 

funerary object, sacred object, or objects of cultural patrimony may be 

held by the responsible museum or Federal agency or person in possession 

thereof pending resolution of the claim. Any person who is in custody of 

such human remains, funerary objects, sacred objects, or objects of 

cultural patrimony and does not claim entitlement to them must place the 

objects in the possession of the responsible museum or Federal agency 

for retention until the question of custody is resolved.

    (b) Failure to claim where no repatriation or disposition has 

occurred. [Reserved]

    (c) Exhaustion of remedies. No person is considered to have 

exhausted his or her administrative remedies with respect to the 

repatriation or disposition of human remains, funerary objects, sacred 

objects, or objects of cultural patrimony subject to subpart B of these 

regulations, or, with respect to Federal lands, subpart C of these 

regulations, until such time as the person has filed a written claim for 

repatriation or disposition of the objects with the responsible museum 

or Federal agency and the claim has been duly denied following these 

regulations.

    (d) Savings provisions. Nothing in these regulations can be 

construed to:

    (1) Limit the authority of any museum or Federal agency to:

    (i) Return or repatriate human remains, funerary objects, sacred 

objects, or objects of cultural patrimony to Indian tribes, Native 

Hawaiian organizations, or individuals; and

    (ii) Enter into any other agreement with the consent of the 

culturally affiliated Indian tribe or Native Hawaiian organization as to 

the disposition of, or control over, human remains, funerary objects, 

sacred objects, or objects of cultural patrimony.

    (2) Delay actions on repatriation requests that were pending on 

November 16, 1990;

    (3) Deny or otherwise affect access to court;

    (4) Limit any procedural or substantive right which may otherwise be 

secured to individuals or Indian tribes or Native Hawaiian 

organizations; or

    (5) Limit the application of any State or Federal law pertaining to 

theft of stolen property.



[60 FR 62158, Dec. 4, 1995, as amended at 62 FR 41294, Aug. 1, 1997]



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