Page 649 TITLE 25—INDIANS § 3006

1So in original. Probably should be capitalized.

1So in original. Probably should not be capitalized.

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;

(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.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3001, 3006 of this

title.

§ 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
§ 3007 TITLE 25—INDIANS Page 650

2So in original. Probably should be ‘‘subsection’’.

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