Native American Graves Protection and Repatriation Act of 1990

Page 773

TITLE 25—INDIANS

Par. (3). Pub. L. 107–110, § 702(f)(2), substituted ‘‘section 7517 of title 20’’ for ‘‘section 7912(1) of title 20’’.
1996—Par. (2). Pub. L. 104–109, § 11(1), substituted ‘‘section 7881(4) of title 20’’ for ‘‘section 2651(4) of this title’’.
Par. (3). Pub. L. 104–109, § 11(2), substituted ‘‘section
7912(1) of title 20’’ for ‘‘section 4909 of title 20’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.

§ 2903. Declaration of policy
It is the policy of the United States to—
(1) preserve, protect, and promote the rights
and freedom of Native Americans to use, practice, and develop Native American languages;
(2) allow exceptions to teacher certification
requirements for Federal programs, and programs funded in whole or in part by the Federal Government, for instruction in Native
American languages when such teacher certification requirements hinder the employment of
qualified teachers who teach in Native American languages, and to encourage State and
territorial governments to make similar exceptions;
(3) encourage and support the use of Native
American languages as a medium of instruction in order to encourage and support—
(A) Native American language survival,
(B) educational opportunity,
(C) increased student success and performance,
(D) increased student awareness and
knowledge of their culture and history, and
(E) increased student and community
pride;
(4) encourage State and local education programs to work with Native American parents,
educators, Indian tribes, and other Native
American governing bodies in the implementation of programs to put this policy into effect;
(5) recognize the right of Indian tribes and
other Native American governing bodies to
use the Native American languages as a medium of instruction in all schools funded by
the Secretary of the Interior;
(6) fully recognize the inherent right of Indian tribes and other Native American governing bodies, States, territories, and possessions
of the United States to take action on, and
give official status to, their Native American
languages for the purpose of conducting their
own business;
(7) support the granting of comparable proficiency achieved through course work in a
Native American language the same academic
credit as comparable proficiency achieved
through course work in a foreign language,
with recognition of such Native American language proficiency by institutions of higher
education as fulfilling foreign language entrance or degree requirements; and
(8) encourage all institutions of elementary,
secondary and higher education, where appropriate, to include Native American languages
in the curriculum in the same manner as foreign languages and to grant proficiency in Na-

§ 2906

tive American languages the same full academic credit as proficiency in foreign languages.
(Pub. L. 101–477, title I, § 104, Oct. 30, 1990, 104
Stat. 1155.)
§ 2904. No restrictions
The right of Native Americans to express
themselves through the use of Native American
languages shall not be restricted in any public
proceeding, including publicly supported education programs.
(Pub. L. 101–477, title I, § 105, Oct. 30, 1990, 104
Stat. 1155.)
§ 2905. Evaluations
(a) The President shall direct the heads of the
various Federal departments, agencies, and instrumentalities to—
(1) evaluate their policies and procedures in
consultation with Indian tribes and other Native American governing bodies as well as traditional leaders and educators in order to determine and implement changes needed to
bring the policies and procedures into compliance with the provisions of this chapter;
(2) give the greatest effect possible in making such evaluations, absent a clear specific
Federal statutory requirement to the contrary, to the policies and procedures which
will give the broadest effect to the provisions
of this chapter; and
(3) evaluate the laws which they administer
and make recommendations to the President
on amendments needed to bring such laws into
compliance with the provisions of this chapter.
(b) By no later than the date that is 1 year
after October 30, 1990, the President shall submit
to the Congress a report containing recommendations for amendments to Federal laws
that are needed to bring such laws into compliance with the provisions of this chapter.
(Pub. L. 101–477, title I, § 106, Oct. 30, 1990, 104
Stat. 1156.)
§ 2906. Use of English
Nothing in this chapter shall be construed as
precluding the use of Federal funds to teach
English to Native Americans.
(Pub. L. 101–477, title I, § 107, Oct. 30, 1990, 104
Stat. 1156.)
CHAPTER 32—NATIVE AMERICAN GRAVES
PROTECTION AND REPATRIATION
Sec.

3001.
3002.
3003.
3004.
3005.
3006.
3007.
3008.
3009.
3010.

Definitions.
Ownership.
Inventory for human remains and associated
funerary objects.
Summary for unassociated funerary objects,
sacred objects, and cultural patrimony.
Repatriation.
Review committee.
Penalty.
Grants.
Savings provision.
Special relationship between Federal Government and Indian tribes and Native Hawaiian organizations.

§ 3001

TITLE 25—INDIANS

Sec.

3011.
3012.
3013.

Regulations.
Authorization of appropriations.
Enforcement.

§ 3001. Definitions
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
1 So

in original. The period probably should be a comma.

Page 774

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

Page 775

TITLE 25—INDIANS

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.
(Pub. L. 101–601, § 2, Nov. 16, 1990, 104 Stat. 3048;
Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992,
106 Stat. 4516.)
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, known as the Native American Graves Protection and Repatriation Act, 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
(§ 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.
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
Pub. L. 101–601, § 1, Nov. 16, 1990, 104 Stat. 3048, 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’.’’

§ 3002. Ownership
(a) Native American human remains and objects
The ownership or control of Native American
cultural items which are excavated or discov2 So

in original. Probably should be followed by ‘‘and’’.

§ 3002

ered 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.

§ 3003

TITLE 25—INDIANS

(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.
(Pub. L. 101–601, § 3, Nov. 16, 1990, 104 Stat. 3050.)
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.
This chapter, referred to in subsec. (c)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16,
1990, 104 Stat. 3048, known as the Native American
Graves Protection and Repatriation Act, which is clas-

Page 776

sified principally to this chapter. For complete classification of this Act to the Code, see Short Title note
set out under section 3001 of this title and Tables.
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 (§ 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.

§ 3003. Inventory for human remains and associated funerary objects
(a) In general
Each Federal agency and each museum which
has possession or control over holdings or collections of Native American human remains and
associated funerary objects shall compile an inventory of such items and, to the extent possible
based on information possessed by such museum
or Federal agency, identify the geographical and
cultural affiliation of such item.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.
1 So

in original. Probably should be ‘‘items.’’

Page 777

TITLE 25—INDIANS

(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.
(Pub. L. 101–601, § 5, Nov. 16, 1990, 104 Stat. 3052.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(2), was in the
original ‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16,
1990, 104 Stat. 3048, known as the Native American
Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note
set out under section 3001 of this title and Tables.

§ 3004. Summary for unassociated funerary objects, sacred objects, and cultural patrimony
(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.

§ 3005

(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.
(Pub. L. 101–601, § 6, Nov. 16, 1990, 104 Stat. 3053.)
§ 3005. Repatriation
(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;
1 So

in original. Probably should not be capitalized.

§ 3006

TITLE 25—INDIANS

(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.
(Pub. L. 101–601, § 7, Nov. 16, 1990, 104 Stat. 3054.)
1 So

in original. Probably should be capitalized.

Page 778
REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(3), (5)(C), (c),
(e), and (f), was in the original ‘‘this Act’’, meaning
Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as
the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 3001 of this
title and Tables.

§ 3006. Review committee
(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;
1 So

in original. Probably should not be capitalized.

Page 779

(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.
2 So

in original. Probably should be ‘‘subsection’’.

§ 3007

TITLE 25—INDIANS

(Pub. L. 101–601, § 8, Nov. 16, 1990, 104 Stat. 3055.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c)(7) and (d), was
in the original ‘‘this Act’’, meaning Pub. L. 101–601,
Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 3001 of this title and Tables.
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, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 3007. Penalty
(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.
(Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was
in the original ‘‘this Act’’, meaning Pub. L. 101–601,
1 So

in original. The comma probably should be a semicolon.

§ 3008

TITLE 25—INDIANS

Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 3001 of this title and Tables.

§ 3008. Grants
(a) Indian tribes and Native Hawaiian organizations
The Secretary is authorized to make grants to
Indian tribes and Native Hawaiian organizations
for the purpose of assisting such tribes and organizations in the repatriation of Native American
cultural items.
(b) Museums
The Secretary is authorized to make grants to
museums for the purpose of assisting the museums in conducting the inventories and identification required under sections 3003 and 3004 of
this title.
(Pub. L. 101–601, § 10, Nov. 16, 1990, 104 Stat. 3057.)
§ 3009. Savings provision
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.
(Pub. L. 101–601, § 11, Nov. 16, 1990, 104 Stat. 3057.)
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, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.

§ 3010. Special relationship between Federal Government and Indian tribes and Native Hawaiian organizations
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.
(Pub. L. 101–601, § 12, Nov. 16, 1990, 104 Stat. 3058.)
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, known as the Native American Graves Pro-

Page 780

tection and Repatriation Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.

§ 3011. Regulations
The Secretary shall promulgate regulations to
carry out this chapter within 12 months of November 16, 1990.
(Pub. L. 101–601, § 13, Nov. 16, 1990, 104 Stat. 3058.)
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, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.

§ 3012. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this
chapter.
(Pub. L. 101–601, § 14, Nov. 16, 1990, 104 Stat. 3058.)
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, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.

§ 3013. Enforcement
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.
(Pub. L. 101–601, § 15, Nov. 16, 1990, 104 Stat. 3058.)
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, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.

CHAPTER 32A—CULTURAL AND HERITAGE
COOPERATION AUTHORITY
Sec.

3051.
3052.
3053.
3054.
3055.
3056.
3057.

Purposes.
Definitions.
Reburial of human remains and cultural
items.
Temporary closure for traditional and cultural purposes.
Forest products for traditional and cultural
purposes.
Prohibition on disclosure.
Severability and savings provisions.

§ 3051. Purposes
The purposes of this chapter are—
(1) to authorize the reburial of human remains and cultural items on National Forest
System land, including human remains and