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.