§ 3007 TITLE 25—INDIANS Page 650

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tribes, Native Hawaiian organizations, and

traditional Native American religious leaders

with at least 2 of such persons being traditional Indian religious leaders;

(B) 3 of whom shall be appointed by the Secretary from nominations submitted by national museum organizations and scientific organizations; and

(C) 1 who shall be appointed by the Secretary from a list of persons developed and

consented to by all of the members appointed

pursuant to subparagraphs (A) and (B).

(2) The Secretary may not appoint Federal officers or employees to the committee.

(3) In the event vacancies shall occur, such vacancies shall be filled by the Secretary in the

same manner as the original appointment within 90 days of the occurrence of such vacancy.

(4) Members of the committee established

under subsection (a) of this section shall serve

without pay, but shall be reimbursed at a rate

equal to the daily rate for GS–18 of the General

Schedule for each day (including travel time) for

which the member is actually engaged in committee business. Each member shall receive

travel expenses, including per diem in lieu of

subsistence, in accordance with sections 5702

and 5703 of title 5.

(c) Responsibilities

The committee established under subsection

(a) of this section shall be responsible for—

(1) designating one of the members of the

committee as chairman;

(2) monitoring the inventory and identification process conducted under sections 3003 and

3004 of this title to ensure a fair, objective

consideration and assessment of all available

relevant information and evidence;

(3) upon the request of any affected party,

reviewing and making findings related to—

(A) the identity or cultural affiliation of

cultural items, or

(B) the return of such items;

(4) facilitating the resolution of any disputes

among Indian tribes, Native Hawaiian organizations, or lineal descendants and Federal

agencies or museums relating to the return of

such items including convening the parties to

the dispute if deemed desirable;

(5) compiling an inventory of culturally unidentifiable human remains that are in the

possession or control of each Federal agency

and museum and recommending specific actions for developing a process for disposition

of such remains;

(6) consulting with Indian tribes and Native

Hawaiian organizations and museums on matters within the scope of the work of the committee affecting such tribes or organizations;

(7) consulting with the Secretary in the development of regulations to carry out this

chapter;

(8) performing such other related functions

as the Secretary may assign to the committee;

and

(9) making recommendations, if appropriate,

regarding future care of cultural items which

are to be repatriated.

(d) Admissibility of records and findings

Any records and findings made by the review

committee pursuant to this chapter relating to

the identity or cultural affiliation of any cultural items and the return of such items may be

admissible in any action brought under section

3013 of this title.

(e) Recommendations and report

The committee shall make the recommendations under paragraph2 (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.

(Pub. L. 101–601, §8, Nov. 16, 1990, 104 Stat. 3055.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

§ 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
Page 651 TITLE 25—INDIANS § 3013

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

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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

SECTION REFERRED TO IN OTHER SECTIONS

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

CHAPTER 33—NATIONAL INDIAN FOREST

RESOURCES MANAGEMENT

Sec.

3101. Findings.

3102. Purposes.

3103. Definitions.

3104. Management of Indian forest land.

(a) Management activities.

(b) Management objectives.

3105. Forest management deduction.

(a) Withholding of deduction.

(b) Amount of deduction.

(c) Use of deduction.

(d) Limitations.

3106. Forest trespass.

(a) Civil penalties; regulations.

(b) Treatment of proceeds.

(c) Concurrent jurisdiction.

3107. Direct payment of forest products receipts.

(a) Regulations.

(b) Payment into a bank depository.

3108. Secretarial recognition of tribal laws.

3109. Indian forest land assistance account.

(a) Establishment.

(b) Deposits and expenditures.

(c) Audits.

3110. Tribal forestry programs.

(a) Establishment.

(b) Support allocation formula; criteria.

3111. Assessment of Indian forest land and management programs.