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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