(a) Notwithstanding the provisions of this chapter related to descent and distribution, cultural patrimony possessed by the decedent shall be distributed in accordance with the customs and traditions of the Tribe prior to the initiation of the administration of the estate. The distribution shall be exempt from all creditors.

(b) “Cultural patrimony” means an object having ongoing historical, traditional, or cultural importance central to the Tribe, rather than property owned by an individual Native American, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether or not the individual is a member of the Tribe and such object shall have been considered inalienable by Tribe at the time the object was separated from Tribe (consistent with 25 U.S.C. § 3001(3)(D)).

(c) Any disputes over the distribution of items of cultural patrimony shall be referred to the Yurok Native American Graves Protection and Repatriation (NAGPRA) Committee or their designee, which will make a recommendation to Tribal Council. A dispute may be brought to the NAGPRA Committee by an interested individual or entity, or the dispute may be referred to the NAGPRA Committee by Council or Tribal Court. The NAGPRA Committee shall identify itself or an appropriate group of people to conduct a hearing on the issue and shall endeavor to issue a final recommendation to Council within 60 days of the hearing’s conclusion. Tribal Council shall then review the NAGPRA Committee’s recommendation and issue an order. A pending dispute shall not be cause to delay probate of the residual estate of the deceased.

(d) Cultural patrimony is considered an object that passes outside of probate (nonprobate item) and is not covered by this chapter except as defined under this section. [Ord. 53 § 8104, amended, 10/30/2018; Ord. 50B § 8104, amended, 6/22/2017.]