Summary of the Laws

Native American Graves Protection and Repatriation Act (NAGPRA)

SEC. 7. REPATRIATION.
(a) REPATRIATION OF NATIVE AMERICAN HUMAN REMAINS AND OBJECTS POSSESSED OR CONTROLLED BY FEDERAL AGENCIES AND MUSEUMS.

(4) Where cultural affiliation of Native American human remains and funerary objects has not been established in an inventory prepared pursuant to section 5, or the summary pursuant to section 6, 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.

Summary:

If the person claiming the rights to the bones can prove cultural affiliation based upon those factors listed in red above, then they have a right to the bones. This decision must be made in a court of law. As a judge, you would hear the facts presented from all sides and would decide who has, according to the NAGPRA Law, the Archaeological Resources Protection Act of 1979

Archaeological Resources Protection Act of 1979

AN ACT To protect archaeological resources on public lands and Indian lands, and for other purposes.

CUSTODY OF RESOURCES

Sec. 5. The Secretary of the Interior may promulgate regulations providing for-

(1) the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from public lands and Indian lands pursuant to this Act, and

(2) the ultimate disposition of such resources and other resources removed pursuant to the Act of June 27, 1960 (16 U.S.C. 469-469c) or the Act of June 8, 1906 (16 U.S.C. 431-433). Any exchange or ultimate disposition under such regulation of archaeological resources excavated or removed from Indian lands shall be subject to the consent of the Indian or Indian tribe, which owns or has jurisdiction over such lands. Following promulgation of regulations, under this section, notwithstanding any other provision of law, such regulations shall govern the disposition of archaeological resources removed from public lands and Indian lands pursuant to this Act.

Summary:

Archaeologists must have the right to hunt for artifacts. When they find something, if ownership is not clear, then other parties can claim the rights to the objects. If there are claims on an object, a judge must make the final decision.