US (United States) Code. Title 25. Chapter 32: Native american graves protection and repatriation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND

REPATRIATION 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-MISC1-

Sec.

3001. Definitions.

3002. Ownership.

(a) Native American human remains and objects.

(b) Unclaimed Native American human remains and

objects.

(c) Intentional excavation and removal of Native

American human remains and objects.

(d) Inadvertent discovery of Native American

remains and objects.

(e) Relinquishment.

3003. Inventory for human remains and associated funerary

objects.

(a) In general.

(b) Requirements.

(c) Extension of time for inventory.

(d) Notification.

(e) Inventory.

3004. Summary for unassociated funerary objects, sacred

objects, and cultural patrimony.

(a) In general.

(b) Requirements.

3005. Repatriation.

(a) Repatriation of Native American human remains

and objects possessed or controlled by Federal

agencies and museums.

(b) Scientific study.

(c) Standard of repatriation.

(d) Sharing of information by Federal agencies and

museums.

(e) Competing claims.

(f) Museum obligation.

3006. Review committee.

(a) Establishment.

(b) Membership.

(c) Responsibilities.

(d) Admissibility of records and findings.

(e) Recommendations and report.

(f) Access.

(g) Duties of Secretary.

(h) Annual report.

(i) Termination.

3007. Penalty.

(a) Penalty.

(b) Amount of penalty.

(c) Actions to recover penalties.

(d) Subpoenas.

3008. Grants.

(a) Indian tribes and Native Hawaiian

organizations.

(b) Museums.

3009. Savings provision.

3010. Special relationship between Federal Government and

Indian tribes and Native Hawaiian organizations.

3011. Regulations.

3012. Authorization of appropriations.

3013. Enforcement.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 460iii-5; title

18 section 1170; title 20 section 7512; title 42 section 11701.

-End-

-CITE-

25 USC Sec. 3001 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3001. Definitions

-STATUTE-

For purposes of this chapter, 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.(!1)

(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 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 [43 U.S.C. 1601 et seq.].

(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 [43 U.S.C. 1601 et seq.]),

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

applied in section 3005(c) of this title, result in a Fifth

Amendment taking by the United States as determined by the United

States Court of Federal Claims 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; (!2)

(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.

-SOURCE-

(Pub. L. 101-601, Sec. 2, Nov. 16, 1990, 104 Stat. 3048; Pub. L.

102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 101-601, Nov. 16, 1990, 104 Stat. 3048, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

The Alaska Native Claims Settlement Act of 1971, referred to in

par. (5), probably means the Alaska Native Claims Settlement Act.

See note below.

The Alaska Native Claims Settlement Act, referred to in par. (7),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

The Hawaiian Homes Commission Act, 1920, referred to in par.

(15)(C), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended,

which was classified generally to sections 691 to 718 of Title 48,

Territories and Insular Possessions, and was omitted from the Code.

Section 4 of Public Law 86-3, referred to in par. (15)(C), is

section 4 of Pub. L. 86-3, which is set out as a note preceding

section 491 of Title 48.

-MISC1-

AMENDMENTS

1992 - Par. (13). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

SHORT TITLE

Section 1 of Pub. L. 101-601 provided that: "This Act [enacting

this chapter and section 1170 of Title 18, Crimes and Criminal

Procedure] may be cited as the 'Native American Graves Protection

and Repatriation Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2684; title 16

section 470h-4; title 20 section 80q-9a.

-FOOTNOTE-

(!1) So in original. The period probably should be a comma.

(!2) So in original. Probably should be followed by "and".

-End-

-CITE-

25 USC Sec. 3002 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3002. Ownership

-STATUTE-

(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

November 16, 1990, 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;

(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.

(b) Unclaimed Native American human remains and objects

Native American cultural items not claimed under subsection (a)

of this section shall be disposed of in accordance with regulations

promulgated by the Secretary in consultation with the review

committee established under section 3006 of this title, 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 470cc of title 16 which shall be consistent

with this chapter;

(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) of

this section; 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 November 16, 1990, 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 [43 U.S.C. 1601 et seq.], 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.

-SOURCE-

(Pub. L. 101-601, Sec. 3, Nov. 16, 1990, 104 Stat. 3050.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Claims Commission, referred to in subsec. (a)(2)(C),

terminated Sept. 30, 1978. See Codification note set out under

former section 70 et seq. of this title.

The United States Court of Claims, referred to in subsec.

(a)(2)(C), and the United States Court of Customs and Patent

Appeals were merged effective Oct. 1, 1982, into a new United

States Court of Appeals for the Federal Circuit by Pub. L. 97-164,

Apr. 2, 1982, 96 Stat. 25, which also created a United States

Claims Court [now United States Court of Federal Claims] that

inherited the trial jurisdiction of the Court of Claims. See

sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title

28, Judiciary and Judicial Procedure.

The Alaska Native Claims Settlement Act of 1971, referred to in

subsec. (d)(1), probably means the Alaska Native Claims Settlement

Act, Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, and

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 470h-2, 470h-4.

-End-

-CITE-

25 USC Sec. 3003 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3003. Inventory for human remains and associated funerary

objects

-STATUTE-

(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.(!1)

(b) Requirements

(1) The inventories and identifications required under subsection

(a) of this section 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) of this section. 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.

-SOURCE-

(Pub. L. 101-601, Sec. 5, Nov. 16, 1990, 104 Stat. 3052.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3005, 3006, 3008 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "items."

-End-

-CITE-

25 USC Sec. 3004 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3004. Summary for unassociated funerary objects, sacred

objects, and cultural patrimony

-STATUTE-

(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) of this section

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

(C) completed by not later than the date that is 3 years after

November 16, 1990.

(2) Upon request, Indian Tribes (!1) 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.

-SOURCE-

(Pub. L. 101-601, Sec. 6, Nov. 16, 1990, 104 Stat. 3053.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3005, 3006, 3008 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

25 USC Sec. 3005 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3005. Repatriation

-STATUTE-

(a) Repatriation of Native American human remains and objects

possessed or controlled by Federal agencies and museums

(1) If, pursuant to section 3003 of this title, 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 3004 of this title, 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 chapter 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 3003 of this title, or the summary

pursuant to section 3004 of this title, 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) of this section and, in the case of unassociated funerary

objects, subsection (c) of this section, 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) of

this section, 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 lineal

descendants of said member or the lineal descendants, upon

notice, have failed to make a claim for the object under this

chapter.

(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 chapter 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

chapter, 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 chapter or by a court of competent

jurisdiction.

(f) Museum obligation

Any museum which repatriates any item in good faith pursuant to

this chapter shall not be liable for claims by an aggrieved party

or for claims of breach of fiduciary duty, public trust, or

violations of state (!1) law that are inconsistent with the

provisions of this chapter.

-SOURCE-

(Pub. L. 101-601, Sec. 7, Nov. 16, 1990, 104 Stat. 3054.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3001, 3006 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

25 USC Sec. 3006 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3006. Review committee

-STATUTE-

(a) Establishment

Within 120 days after November 16, 1990, the Secretary shall

establish a committee to monitor and review the implementation of

the inventory and identification process and repatriation

activities required under sections 3003, 3004 and 3005 of this

title.

(b) Membership

(1) The Committee (!1) established under subsection (a) of this

section 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).

(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) of

this section 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.

(c) Responsibilities

The committee established under subsection (a) of this section

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 3003 and 3004 of this title 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 chapter;

(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) Admissibility of records and findings

Any records and findings made by the review committee pursuant to

this chapter 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 3013 of this title.

(e) Recommendations and report

The committee shall make the recommendations under paragraph (!2)

(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) of this section 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 -

(1) establish such rules and regulations for the committee as

may be necessary, and

(2) provide reasonable administrative and staff support

necessary for the deliberations of the committee.

(h) Annual report

The committee established under subsection (a) of this section

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) of this section

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.

-SOURCE-

(Pub. L. 101-601, Sec. 8, Nov. 16, 1990, 104 Stat. 3055.)

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3003 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

(!2) So in original. Probably should be "subsection".

-End-

-CITE-

25 USC Sec. 3007 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3007. Penalty

-STATUTE-

(a) Penalty

Any museum that fails to comply with the requirements of this

chapter 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) of this

section shall be determined under regulations promulgated pursuant

to this chapter, 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,(!1) and

(3) the number of violations that have occurred.

(c) Actions to recover penalties

If any museum fails to pay an assessment of a civil penalty

pursuant to a final order of the Secretary that has been issued

under subsection (a) of this section 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) of this section,

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.

-SOURCE-

(Pub. L. 101-601, Sec. 9, Nov. 16, 1990, 104 Stat. 3057.)

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

-End-

-CITE-

25 USC Sec. 3008 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3008. Grants

-STATUTE-

(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 3003 and 3004 of this title.

-SOURCE-

(Pub. L. 101-601, Sec. 10, Nov. 16, 1990, 104 Stat. 3057.)

-End-

-CITE-

25 USC Sec. 3009 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3009. Savings provision

-STATUTE-

Nothing in this chapter 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

(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 chapter;

(2) delay actions on repatriation requests that are pending on

November 16, 1990;

(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.

-SOURCE-

(Pub. L. 101-601, Sec. 11, Nov. 16, 1990, 104 Stat. 3057.)

-End-

-CITE-

25 USC Sec. 3010 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3010. Special relationship between Federal Government and

Indian tribes and Native Hawaiian organizations

-STATUTE-

This chapter 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.

-SOURCE-

(Pub. L. 101-601, Sec. 12, Nov. 16, 1990, 104 Stat. 3058.)

-End-

-CITE-

25 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3011. Regulations

-STATUTE-

The Secretary shall promulgate regulations to carry out this

chapter within 12 months of November 16, 1990.

-SOURCE-

(Pub. L. 101-601, Sec. 13, Nov. 16, 1990, 104 Stat. 3058.)

-End-

-CITE-

25 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3012. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as may be

necessary to carry out this chapter.

-SOURCE-

(Pub. L. 101-601, Sec. 14, Nov. 16, 1990, 104 Stat. 3058.)

-End-

-CITE-

25 USC Sec. 3013 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

-HEAD-

Sec. 3013. Enforcement

-STATUTE-

The United States district courts shall have jurisdiction over

any action brought by any person alleging a violation of this

chapter and shall have the authority to issue such orders as may be

necessary to enforce the provisions of this chapter.

-SOURCE-

(Pub. L. 101-601, Sec. 15, Nov. 16, 1990, 104 Stat. 3058.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3006 of this title.

-End-