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  To provide for the protection of Native American graves,
        -----------  and for other purposes.
        [H.R. 5237]
                   
             
                      Be it enacted by the Senate and House of Representatives                      ________________________________________________________
                     of the United States of America in Congress assembled,                     _______________________________________________

        Native       SECTION 1. SHORT TITLE.
        American      This  Act may  be cited  as the  "Native American  Graves
        Graves       Protection and Repatriation Act".
        Protection
        and          SEC. 2. DEFINITIONS.
        Repatriation For purposes of this Act, the term-
        Act.            (1)  "burial  site"  means   any  natural  or  prepared
        Hawaiian      physical location, whether originally below, on, or above
        Natives.      the  surface of  the earth, into  which as a  part of the
        Historic      death rite  or ceremony  of a  culture, individual  human
        preservation. remains are deposited.
        25 USC 3001     (2)  "cultural  affiliation"  means  that  there  is  a
        note.         relationship  of  shared  group  identity  which  can  be
        25 USC 3001.  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.

        25 USC 3002. 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;
        Claims.           (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.
        Regulations.  (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.

[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.".

        Museums.     SEC.  5.  INVENTORY   FOR  HUMAN  REMAINS  AND  ASSOCIATED
        25 USC 3003.      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)  Federal
        shall  be sent  to  the Secretary  who  shall  publish each Register,
        notice in the Federal Register.                             publication.
         (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.

        SEC.   6.  SUMMARY   FOR  UNASSOCIATED   FUNERARY  OBJECTS, 25 USC 3004.
               SACRED OBJECTS, AND CULTURAL PATRIMONY.                    
          (a) IN GENERAL.--Each Federal agency or museum which has  Museums.
        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.

        25 USC 3005. 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.

        SEC. 8. REVIEW COMMITTEE.                                  25 USC 3006.
          (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.
        Regulations.  (g) DUTIES OF SECRETARY.--The Secretary shall--
                          (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.

        SEC. 9. PENALTY.                                            Museums.
          (a) PENALTY.--Any  museum that fails to comply  with the  25 USC 3007.
        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  Courts.
        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.

        SEC. 10. GRANTS.                                             25 USC
          (a)     INDIAN     TRIBES     AND     NATIVE    HAWAIIAN   3008.
        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.
                                                                           
        SEC. 11. SAVINGS PROVISIONS.                               25 USC 3009.
          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.

        25 USC 3010. 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.

        25 USC 3011. SEC. 13. REGULATIONS.
                      The Secretary shall promulgate regulations to carry out
                     this Act within 12 months of enactment. 

        25 USC 3012. SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
                      There is authorized to be appropriated such sums as may
                     be
                     necessary to carry out this Act.

        25 USC 3013. SEC. 15. ENFORCEMENT.
                      The United States district courts shall have jurisdiction
                     over any action brought by any person alleging a violation
        Courts.      of this Act and shall have the authority to issue such
                     orders as may be necessary to enforce the provisions of
                     this Act.

                         Approved November 16,1990.





                     _______________________________
                     LEGISLATIVE HISTORY--H.R. 5237:     

                       HOUSE REPORTS: No. 101-877 (Comm. on Interior and
                     Insular Affairs).
                       CONGRESSIONAL RECORD, Vol. 136 (1990):
                          Oct. 22, considered and passed House.
                          Oct. 25, considered and passed Senate; passage
                     vitiated.
                          Oct. 26. reconsidered and passed Senate, amended.
                          Oct. 27, House concurred in Senate amendment.


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