Native
American Graves Protection and
Repatriation
Act
PUBLIC
LAW 101-601--NOV. 16, 1990
NATIVE AMERICAN GRAVES
PROTECTION AND REPATRIATION
ACT
[104 STAT. 3048 PUBLIC LAW 101-601--NOV. 16, 1990]
Public Law 101-601
101st Congress
An Act
Nov.16,1990
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[H.R. 5237]
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To
provide for the protection of Native American graves, and
for other purposes.
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Be
it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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Native
American Graves Protection and Repatriation Act. Hawaiian
Natives. Historic preservation.
25 USC 3001
note.
25 USC 3001.
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SECTION
1. SHORT TITLE.
This Act may be cited as the "Native American Graves
Protection and Repatriation Act".
SEC.
2. DEFINITIONS.
For purposes of this Act, the term-
(1) "burial site" means any natural or prepared
physical location, whether originally below, on, or above
the surface of the earth, into which as a part of the death
rite or ceremony of a culture, individual human remains are
deposited.
(2) "cultural affiliation" means that there is a
relationship of shared group identity which can be reasonably
traced historically or prehistorically between a present day
Indian tribe or Native Hawaiian
organization and an identifiable earlier group.
(3) "cultural items" means human remains and-
(A) "associated funerary objects" which shall mean
objects that, as a part of the death rite or ceremony of a
culture, are reasonably believed to have been placed with
individual human remains either at the time of death or later,
and both the human remains and
associated funerary objects are presently in the possession
or control of a Federal agency or museum, except that other
items exclusively made for burial purposes or to contain human
remains shall be considered as associated funerary objects.
(B) "unassociated funerary objects" which shall
mean objects that, as a part of the death rite or ceremony
of a culture, are reasonably believed to have been placed
with individual human remains either at the time of death
or later, where the remains are not in the possession or control
of the Federal agency or museum and the objects can be identified
by a preponderance of the evidence as related to specific
individuals or families or to known human remains or, by a
preponderance of the evidence, as having been removed
from a specific burial site of an individual culturally affiliated
with a particular Indian tribe,
(C) "sacred objects" which shall mean specific ceremonial
objects which are needed by traditional Native American religious
leaders for the practice of traditional Native American religions
by their present
day adherents, and
(D) "cultural patrimony" which shall mean an object
having ongoing historical, traditional, or cultural importance
central to the Native American group or culture itself, rather
than property owned by an
individual Native
[PUBLIC LAW 101-601--NOV. 16, 1990 104 STAT. 3049]
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 Indian tribe or Native Hawaiian
organization and such object shall have been considered inalienable
by such Native American group at the time the object was
separated from such group.
(4) "Federal agency" means any department, agency,
or
instrumentality of the United States. Such term does not include
the Smithsonian Institution.
(5) "Federal lands" means any land other than tribal
lands which are controlled or owned by the United States,
including lands selected by but not yet conveyed to Alaska
Native Corporations and groups organized pursuant to the Alaska
Native Claims Settlement Act of 1971.
(6) "Hui Malama I Na Kupuna O Hawai'i Nei" means
the nonprofit, Native Hawaiian organization incorporated under
the laws of the State of Hawaii by that name on April 17,
1989, for the purpose of providing guidance and expertise
in decisions dealing with Native Hawaiian cultural issues,
particularly burial issues.
(7) "Indian tribe" means any tribe, band, nation,
or other organized group or community of Indians, including
any Alaska Native village (as defined in, or established pursuant
to, the Alaska Native Claims Settlement Act), which is recognized
as eligible for the special programs and services provided
by the United States to Indians
because of their status as Indians.
(8) "museum" means any institution or State or local
government agency (including any institution of higher learning)
that receives Federal funds and has possession of, or control
over, Native American cultural items. Such term does not include
the Smithsonian Institution or any other Federal agency.
(9) "Native American" means of, or relating to,
a tribe, people, or culture that is indigenous to the United
States.
(10) "Native Hawaiian" means any individual who
is a descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now constitutes
the State of Hawaii.
(11) "Native Hawaiian organization" means any organization
which--
(A) serves and represents the interests of Native Hawaiians,
(B) has as a primary and stated purpose the provision of services
to Native Hawaiians, and
(C) has expertise in Native Hawaiian Affairs, and shall include
the Office of Hawaiian Affairs and Hui Malama I Na Kupuna
O Hawai'i Nei.
(12) "Office of Hawaiian Affairs" means the Office
of Hawaiian Affairs established by the constitution of the
State of Hawaii.
(13) "right of possession" means possession obtained
with the voluntary consent of an individual or group that
had authority of alienation. The original acquisition of a
Native American unassociated funerary object, sacred object
or object of cultural patrimony from an Indian tribe or Native
Hawaiian organization with the voluntary consent of an individual
or group with authority to
alienate such object is deemed to give right of possession
of that object, unless the phrase so defined would, as
[104
STAT. 3050 PUBLIC LAW 101-601--NOV. 16, 1990]
applied in section 7(c), result in a Fifth Amendment taking
by the United States as determined by the United States Claims
Court pursuant to 28 U.S.C. 1491 in which event the "right
of possession" shall be as provided under otherwise applicable
property law. The original acquisition of Native American
human remains and
associated funerary objects which were excavated, exhumed,
or otherwise obtained with full knowledge and consent of the
next of kin or the official governing body of the appropriate
culturally affiliated Indian tribe or Native Hawaiian organization
is deemed to give right of possession to those remains.
(14) "Secretary" means the Secretary of the Interior.
(15) "tribal land" means-
(A) all lands within the exterior boundaries of any Indian
reservation;
(B) all dependent Indian communities;
(C) any lands administered for the benefit of Native Hawaiians
pursuant to the Hawaiian Homes Commission Act, 1920, and section
4 of Public Law 86-3.
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25
USC 3002.
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SEC
3. OWNERSHIP.
(a) NATIVE AMERICAN HUMAN REMAINS AND OBJECTS.--The
ownership or control of Native American cultural items which
are excavated or discovered on Federal or tribal lands after
the date of enactment of this Act shall be (with priority
given in the order listed)-
(1) in the case of Native American human remains and associated
funerary objects, in the lineal descendants of the Native
American; or
(2) in any case in which such lineal descendants cannot be
ascertained, and in the case of unassociated funerary objects,
sacred objects, and objects of cultural patrimony--
(A) in the Indian tribe or Native Hawaiian organization on
whose tribal land such objects or remains were discovered;
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Claims.
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(B)
in the Indian tribe or Native Hawaiian organization which
has the closest cultural affiliation with such remains or
objects and which, upon notice, states a claim for such remains
or objects; or
(C) if the cultural affiliation of the objects cannot be reasonably
ascertained and if the objects were discovered on Federal
land that is recognized by a final judgment of the Indian
Claims Commission or the United States Court of Claims as
the aboriginal land of some Indian tribe--
(1) in the Indian tribe that is recognized as aboriginally
occupying the area in which the objects were discovered, if
upon notice, such tribe states a claim for such remains or
objects, or
(2) if it can be shown by a preponderance of the evidence
that a different tribe has a stronger cultural relationship
with the remains or objects than the tribe or organization
specified in paragraph
(1), in the Indian tribe that has the strongest demonstrated
relationship, if upon notice, such tribe states a claim for
such remains or objects.
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Regulations.
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(b)
UNCLAIMED NATIVE AMERICAN HUMAN REMAINS AND
OBJECTS.--Native American cultural items not claimed under
subsec-
[PUBLIC LAW 101-601--NOV. 16,-1990 104 STAT. 3051]
tion (a) shall be disposed of in accordance with regulations
promulgated by the Secretary- in consultation with the review
committee established under section 8,-Native American groups,
representatives of museums and the scientific community.
(c)
INTENTIONAL EXCAVATION AND REMOVAL OF NATIVE
AMERICAN HUMAN REMAINS AND OBJECTS.--The intentional
removal from or excavation of Native American cultural items
from Federal or tribal lands for purposes of discovery, study,
or removal of such items is permitted only if--
(1) such items are excavated or removed pursuant to a permit
issued under section 4 of the Archaeological Resources Protection
Act of 1979 (93 Stat. 721; 16 U.S.C. 470aa et seq.) which
shall be consistent with this Act;
(2) such items are excavated or removed after consultation
with or, in the case of tribal lands, consent of the appropriate
(if any) Indian tribe or Native Hawaiian organization;
(3) the ownership and right of control of the disposition
of such items shall be as provided in subsections (a) and
(b); and
(4) proof of consultation or consent under paragraph (2) is
shown.
(d)
INADVERTENT DISCOVERY OF NATIVE AMERICAN REMAINS AND OBJECTS.--(1)
Any person who knows, or has reason to know, that such person
has discovered Native American cultural items on Federal or
tribal lands-after the date of enactment of this Act shall
notify, in writing, the Secretary of the Department, or head
of any other agency or instrumentality of the United States,
having primary management authority with respect to Federal
lands and the appropriate Indian tribe or Native Hawaiian
organization
with respect to tribal lands, if known or readily ascertainable,
and, in the case of lands that have been selected by an Alaska
Native Corporation or group organized pursuant to the Alaska
Native Claims Settlement Act of 1971, the appropriate corporation
or group. If the discovery occurred in connection with an
activity, including (but not limited to) construction, mining,
logging, and agriculture, the person shall cease the activity
in the area of the discovery, make a reasonable effort to
protect the items discovered before resuming
such activity, and provide notice under this subsection. Following
the notification under this subsection, and upon certification
by the Secretary of the department or the head of any agency
or instrumentality of the United States or the appropriate
Indian tribe or Native Hawaiian organization that notification
has been received, the
activity may resume after 30 days of such certification.
(2) The disposition of and control over any cultural items
excavated or removed under this subsection shall be determined
as provided for in this section.
(3) If the Secretary of the Interior consents, the responsibilities
(in whole or in part) under paragraphs (1) and (2) of the
Secretary of any department (other than the Department of
the Interior) or the head of any other agency or instrumentality
may be delegated to the
Secretary with respect to any land managed by such other Secretary
or agency head.
(e)
RELINQUISHMENT.--Nothing in this section shall prevent the
governing body of an Indian tribe or Native Hawaiian organization
from expressly relinquishing control over any Native American
human remains, or title to or control over any funerary object,
or sacred object.
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[104
STAT. 3052 PUBLIC LAW 101-601--NOV. 16, 1990]
SEC. 4. ILLEGAL TRAFFICKING.
(a) ILLEGAL TRAFFICKING.--Chapter 53 of title 18, United States
Code, is amended by adding at the end thereof the following
new section:
"
1170. Illegal Trafficking in Native American Human 1170. Illegal
Trafficking in Native American Human Remains and Cultural
Items
"(a) Whoever knowingly sells, purchases, uses for profit,
or transports for sale or profit, the human remains of a Native
American without the right of possession to those remains
as provided in the Native American Graves Protection and Repatriation
Act shall be fined in accordance with this title, or imprisoned
not more than 12
months, or both, and in the case of a second or subsequent
violation, be fined in accordance with this title, or imprisoned
not more than 5 years, or both.
"(b)
Whoever knowingly sells, purchases, uses for profit, or transports
for sale or profit any Native American cultural items obtained
in violation of the Native American Grave Protection and Repatriation
Act shall be fined in accordance with this title, imprisoned
not more than one year, or both, and in the case of a second
or subsequent violation, be fined in accordance with this
title, imprisoned not more than 5 years, or both.".
(b)
TABLE OF CONTENTS.--The table of contents for chapter 53 of
title 18, United States Code, is amended by adding at the
end thereof the following new item:
"1170.
Illegal Trafficking in Native American Human Remains and Cultural
Items.".
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Museums.
25 USC 3003.
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SEC.
5. 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
the date of enactment of this Act, and
(C) made available both during the time they are being conducted
and afterward to a review committee established under section
8.
(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 Act shall not be
[PUBLIC LAW 101-601--NOV. 16, 1990 104 STAT. 3053]
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
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Federal
Register,
publication
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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.
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25
USC 3004.
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SEC.
6. SUMMARY FOR UNASSOCIATED FUNERARY OBJECTS, SACRED OBJECTS,
AND CULTURAL PATRIMONY.
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Museums.
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(a)
IN GENERAL.--Each Federal agency or museum which has
possession or control over holdings or collections of Native
American unassociated funerary objects, sacred objects, or
objects of cultural patrimony shall provide a written summary
of such objects based upon available information held by such
agency or museum. The summary shall describe the scope of
the collection, kinds of objects included, reference to geographical
location, means and period of acquisition and cultural affiliation,
where readily ascertainable.
(b) REQUIREMENTS.-- (1) The summary required under
subsection (a) shall be--
(A) in lieu of an object-by-object inventory;
(B) followed by consultation with tribal government and Native
Hawaiian organization officials and traditional religious
leaders; and
[104
STAT. 3054 PUBLIC LAW 101-601--NOV. 16, 1990]
(C) completed by not later than the date that is 3 years after
the date of enactment of this Act.
(2) Upon request, Indian Tribes and Native Hawaiian organizations
shall have access to records, catalogues, relevant studies
or other pertinent data for the limited purposes of determining
the geographic origin, cultural affiliation, and basic facts
surrounding acquisition and
accession of Native American objects subject to this section.
Such information shall be provided in a reasonable manner
to be agreed upon by all parties.
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25
USC 3005.
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SEC.
7. REPATRIATION.
(a) REPATRIATION OF NATIVE AMERICAN HUMAN REMAINS AND OBJECTS
POSSESSED OR CONTROLLED BY FEDERAL AGENCIES AND MUSEUMS.--
(1) If, pursuant to section 5, the cultural affiliation of
Native American human remains and associated funerary objects
with a particular Indian tribe or Native Hawaiian organization
is established, then the
Federal agency or museum, upon the request of a known lineal
descendant of the Native American or of the tribe or organization
and pursuant to subsections (b) and (e) of this section, shall
expeditiously return such remains and associated funerary
objects.
(2) If, pursuant to section 6, the cultural affiliation with
a particular Indian tribe or Native Hawaiian organization
is shown with respect to unassociated funerary objects, sacred
objects or objects of cultural
patrimony, then the Federal agency or museum, upon the request
of the Indian tribe or Native Hawaiian organization and pursuant
to subsections (b), (c) and (e) of this section, shall expeditiously
return such objects.
(3) The return of cultural items covered by this Act shall
be in consultation with the requesting lineal descendant or
tribe or organization to determine the place and manner of
delivery of such items.
(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.
(5) Upon request and pursuant to subsections (b), (c) and
(e), sacred objects and objects of cultural patrimony shall
be expeditiously returned where--
(A) the requesting party is the direct lineal descendant of
an individual who owned the sacred object;
(B) the requesting Indian tribe or Native Hawaiian organization
can show that the object was owned or controlled by the tribe
or organization; or
(C) the requesting Indian tribe or Native Hawaiian organization
can show that the sacred object was owned or controlled by
a member thereof, provided that in the case where a sacred
object was owned by a member thereof, there are no identifiable
[PUBLIC LAW 101-601--NOV. 16, 1990 104 STAT. 3055]
lineal descendants of said member or the lineal descendent,
upon notice, have failed to make a claim for the object under
this Act.
(b)
SCIENTIFIC STUDY.--If the lineal descendant, Indian tribe,
or Native Hawaiian organization requests the return of culturally
affiliated Native American cultural items, the Federal agency
or museum shall expeditiously return such items unless such
items are indispensable for completion of a specific scientific
study, the outcome of which would be of major benefit to the
United States. Such items shall be returned by no later than
90 days after the
date on which the scientific study is completed.
(c)
STANDARD OF REPATRIATION.--If a known lineal descendant or
an Indian tribe or Native Hawaiian organization requests the
return of Native American unassociated funerary objects, sacred
objects or objects of cultural patrimony pursuant to this
Act and presents
evidence which, if standing alone before the introduction
of evidence to the contrary, would support a finding that
the Federal agency or museum did not have the right of possession,
then such agency or museum shall return such objects unless
it can overcome such inference and prove that it has a right
of possession to the objects.
(d)
SHARING OF INFORMATION BY FEDERAL AGENCIES AND
MUSEUMS.--Any Federal agency or museum shall share what
information it does possess regarding the object in question
with the known lineal descendant, Indian tribe, or Native
Hawaiian organization to assist in making a claim under this
section.
(e)
COMPETING CLAIMS.--Where there are multiple requests for repatriation
of any cultural item and, after complying with the requirements
of this Act, the Federal agency or museum cannot clearly determine
which requesting party is the most appropriate claimant, the
agency or museum may retain such item until the requesting
parties agree upon its disposition or the dispute is otherwise
resolved pursuant to the provisions of this Act or by a court
of competent jurisdiction.
(f)
MUSEUM OBLIGATION.--Any museum which repatriates any
item in good faith pursuant to this Act shall not be liable
for claims by an aggrieved party or for claims of breach of
fiduciary duty, public trust, or violations of state law that
are inconsistent with the provisions of this Act.
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25
USC 3006.
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SEC.
8. REVIEW COMMITTEE.
(a) ESTABLISHMENT.--Within 120 days after the date of enactment
of this Act, the Secretary shall establish a committee to
monitor and review the implementation of the inventory and
identification process and repatriation activities required
under sections 5, 6 and 7.
(b)
MEMBERSHIP--(1) The Committee established under subsection
(a) shall be composed of 7 members,
(A) 3 of whom shall be appointed by the Secretary from nominations
submitted by Indian tribes, Native Hawaiian organizations,
and traditional Native American religious leaders with at
least 2 of such persons being traditional Indian religious
leaders;
(B) 3 of whom shall be appointed by the Secretary from nominations
submitted by national museum organizations and scientific
organizations; and
(C) 1 who shall be appointed by the Secretary from a list
of persons developed and consented to by all of the members
appointed pursuant to subparagraphs (A) and (B).
[104
STAT 3056 PUBLIC LAW 101-601--NOV. 16, 1990]
(2) The Secretary may not appoint Federal officers or employees
to the committee.
(3) In the event vacancies shall occur, such vacancies shall
be filled by the Secretary in the same manner as the original
appointment within 90 days of the occurrence of such vacancy.
(4) Members of the committee established under subsection
(a) shall serve without pay, but shall be reimbursed at a
rate equal to the daily rate for GS-18 of the General Schedule
for each day (including travel time) for which the member
is actually engaged in committee business. Each member shall
receive travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5, United
States Code.
(c)
RESPONSIBILITIES.--The committee established under subsection
a) shall be responsible for-
(1) designating one of the members of the committee as chairman;
(2) monitoring the inventory and identification process conducted
under sections 5 and 6 to ensure a fair, objective consideration
and assessment of all available relevant information and evidence;
(3) upon the request of any affected party, reviewing and
making findings related to-
(A) the identity or cultural affiliation of cultural items,
or
(B) the return of such items;
(4) facilitating the resolution of any disputes among Indian
tribes, Native Hawaiian organizations, or lineal descendants
and Federal agencies or museums relating to the return of
such items including convening the parties to the dispute
if deemed desirable;
(5) compiling an inventory of culturally unidentifiable human
remains that are in the possession or control of each Federal
agency and museum and recommending specific actions for developing
a process for disposition of such remains;
(6) consulting with Indian tribes and Native Hawaiian organizations
and museums on matters within the scope of the work of the
committee affecting such tribes or organizations;
(7) consulting with the Secretary in the development of regulations
to carry out this Act;
(8) performing such other related functions as the Secretary
-may assign to the committee; and
(9) making recommendations, if appropriate, regarding future
care of cultural items which are to be repatriated.
(d) Any records and findings made by the review committee
pursuant to this Act relating to the identity or cultural
affiliation of any cultural items and the return of such items
may be admissible in any action brought under section 15 of
this Act.
(e)
RECOMMENDATIONS AND REPORT.--The committee shall make the
recommendations under paragraph (c)(5) in consultation
with Indian tribes and Native Hawaiian organizations and appropriate
scientific and museum groups.
(f)
ACCESS.--The Secretary shall ensure that the committee established
under subsection (a) and the members of the committee have
reasonable access to Native American cultural items under
review and to associated scientific and historical documents.
(g)
DUTIES OF SECRETARY.--The Secretary shall--
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Regulations.
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(1)
establish such rules and regulations for the committee as
may be necessary, and
[PUBLIC LAW 101-601--NOV 16, 1990 104 STAT. 3057]
(2) provide reasonable administrative and staff support necessary
for the deliberations of the committee.
(h)
ANNUAL REPORT.--The committee established under subsection
(a) shall submit an annual report to the Congress on the progress
made, and any barriers encountered, in implementing this section
during the previous year.
(i)
TERMINATION.--The committee established under subsection (a)
shall terminate at the end of the 120-day period beginning
on the day the Secretary certifies, in a report submitted
to Congress, that the work of the committee has been completed.
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Museums.
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SEC.
9. PENALTY.
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25 USC 3007.
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(a)
PENALTY.--Any museum that fails to comply with the requirements
of this Act may be assessed a civil penalty by the Secretary
of the Interior pursuant to procedures established by the
Secretary through regulation. A penalty assessed under this
subsection shall be determined on the record after opportunity
for an agency hearing. Each violation under this subsection
shall be a separate offense.
(b)
AMOUNT OF PENALTY.--The amount of a penalty assessed
under subsection (a) shall be determined under regulations
promulgated pursuant to this Act, taking into account, in
addition to other factors--
(1) the archaeological, historical, or commercial value of
the item involved;
(2) the damages suffered, both economic and noneconomic, by
an aggrieved party, and
(3) the number of violations that have occurred.
(c)
ACTIONS TO RECOVER PENALTIES.--If any museum fails
to pay courts. an assessment of a civil penalty pursuant
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Courts.
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to
a final order of the Secretary that has been issued under
subsection (a) and not appealed or after a final judgment
has been rendered on appeal of such order, the Attorney General
may institute a civil action in an appropriate district court
of the United States to collect the penalty. In such action,
the validity and amount of such penalty shall not be subject
to review.
(d)
SUBPOENAS.--In hearings held pursuant to subsection (a), subpoenas
may be issued for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents.
Witnesses so summoned shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United States.
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25
USC 3008.
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SEC.
10. GRANTS.
(a) INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS.--The
Secretary is authorized to make grants to Indian tribes and
Native Hawaiian organizations for the purpose of assisting
such tribes and organizations in the repatriation of Native
American cultural items.
(b)
MUSEUMS.--The Secretary is authorized to make grants to museums
for the purpose of assisting the museums in conducting the
inventories and identification required under sections 5 and
6.
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25
USC 3009.
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SEC.
11. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to--
(1) limit the authority of any Federal agency or museum to--
(A) return or repatriate Native American cultural items to
Indian tribes, Native Hawaiian organizations, or individuals,
and
[104
STAT. 3058 PUBLIC LAW 101--601--NOV. 16, 1990]
(B) enter into any other agreement with the consent of the
culturally affiliated tribe or organization as to the disposition
of, or control
over, items covered by this Act;
(2) delay actions on repatriation requests that are pending
on the date of enactment of this Act;
(3) deny or otherwise affect access to any 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 or stolen property.
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25
USC 3010.
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SEC.
12. SPECIAL RELATIONSHIP BETWEEN FEDERAL
GOVERNMENT AND INDIAN TRIBES.
This Act reflects the unique relationship between the Federal
Government and Indian tribes and Native Hawaiian organizations
and should not be construed to establish a precedent with
respect to any other individual, organization or foreign government.
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25
USC 3011.
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SEC.
13. REGULATIONS.
The Secretary shall promulgate regulations to carry out this
Act within 12 months of enactment.
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25
USC 3012.
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SEC.
14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
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25
USC 3013.
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SEC.
15. ENFORCEMENT.
The United States district courts shall have jurisdiction
over any action brought by any person alleging a violation
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Courts.
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of
this Act and shall have the authority to issue such orders
as may be necessary to enforce the provisions of this Act.
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